Amendments and addenda to the Patent Regulations under the EAPC

As of January 1, 2024, 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 term for submission of claims is established. In accordance with the new Rule 21¹(6¹) of the Patent Regulations, the term for submission of claims when such a document is missing among the application materials (including divisional applications) received by the EAPO, is two months from the date of receipt of a Eurasian application by the EAPO. If the claims are not submitted within the above mentioned term, the Eurasian application shall be considered withdrawn. The extension of this term is not provided by the Patent Regulations; however, if the applicant misses this term, he may apply for the procedure of continuation of the prosecution provided by Rule 37(3) of the Patent Regulations.

The procedure of continuation of the prosecution has also become available in respect of Eurasian divisional applications in cases when the applicant misses a two-month term for submitting the requested claims, which comply with the requirements according to Rule 49(6) of the Patent Regulations.

The term for filing oppositions has been increased. Opposition procedures against the grant of Eurasian patents for inventions and industrial designs may now be initiated within three years from the publication date of grant of a Eurasian patent for invention or industrial design.

Industrial designs. Amendments to the provisions on the examination of Eurasian industrial design applications have been introduced. The option of mediation of a dispute in case of identity or confusing similarity of an industrial design with trademarks with an earlier priority has become available.

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