Amendments and addenda to the Patent Regulations to the EAPC

As of November 1, 2022, amendments and addenda to Part I «Inventions» and Part II «Industrial Designs» of the Patent Regulations to the Eurasian Patent Convention came into force.

The most significant change in the Patent Regulations is the opportunity to file digital three-dimensional models (3D models) in relation to Eurasian applications for inventions and Eurasian applications for industrial designs, available for applicants from November 1, 2022.

The time limits for filing an opposition to a Eurasian patent for invention and an opposition to a Eurasian industrial design are extended. The time limit for filing a notice of opposition will be nine months from the date of publication of information of the grant of a respective Eurasian patent.

Amendments to the claims, in accordance with the new wording of Rule 49(3) of the Patent Regulations, are allowed before the notice of readiness to grant a Eurasian patent is sent to the applicant.

The addenda made to Part II “Industrial Designs” of the Patent Regulations expand the list of checks carried out in relation to industrial designs at the substantive examination stage, as well as expand the ways to exclude elements of the appearance of the product, for which the applicant does not request legal protection. It also eliminates the need for the applicant to submit a paper copy of the earlier application if such application is available to the EAPO via Digital Access Service of WIPO (WIPO DAS).

The full text of the article publised on EAPO website.

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