Eurasian industrial design patent.
Eurasian industrial design patent.
The Eurasian Patent Office plans to begin accepting applications for the grant of Eurasian patents for industrial designs to begin on June 1, 2021.
According to the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention of September 9, 1994 (Protocol), the Eurasian patent is issued for an industrial design that is new and original by its essential characteristics.
The scope of legal protection provided by an Eurasian patent for an industrial design will be determined by the totality of the essential features of the industrial design reflected in the product images.
The essential features of an industrial design include features that determine the aesthetic features of the appearance of the product, in particular, the shape, configuration, ornament, combination of colors, lines, product contours, texture or texture of the product material. A product is understood as any product of an industrial or handicraft production, in particular a package, a label, a composite product, a set (set) of products, a font, as well as an independent part of the product. Features that are solely due to the technical function of the product are not essential features of an industrial design and are not subject to protection.
The Eurasian Patent Office establishes the so-called "grace period" provided that the Eurasian application is filed no later than twelve months from the date of disclosure by the author of the industrial design (his successor), the applicant or any person who has received from them, directly or indirectly, this information about the industrial design.
An applicant may seek prioritization based on one or more earlier industrial design applications filed in any state party to the Paris Convention for the Protection of Industrial Property or the World Trade Organization, or against any such state. The priority of an industrial design may also be established by the filing date of the previous application in accordance with Article 4 of the Paris Convention for the Protection of Industrial Property, if the Eurasian application is filed with the Eurasian Office within six months from that date.
An industrial design for which an Eurasian application has been filed, from the date of its publication until the date of publication of the Eurasian patent, is granted temporary legal protection in the territory of all Contracting States.
The period of validity of an Eurasian patent for an industrial design is five years from the date of filing an application for the grant of an Eurasian patent for an industrial design. The period of validity of an Eurasian patent for an industrial design may be extended at the request of the owner of the Eurasian patent for an industrial design in respect of the territory of all Contracting States in which the patent is valid, each time for five years. In this case, the total period of validity of an Eurasian patent for an industrial design shall not exceed twenty-five years from the date of filing an Eurasian application for an industrial design.
One Eurasian application may relate to one or more industrial designs, but not more than one hundred industrial designs belonging to one class of the International Classification for Industrial Designs.
A standard Eurasian application, when filed with the Eurasian Patent Office, must contain:
- a set of images;
- a drawing of a general view of the product, a confection card, if they are necessary to disclose the essence of the industrial design;
Also, the Eurasian application may include a description explaining the industrial design.
In accordance with Article 14 (1) of the Protocol, a preliminary examination is carried out on the Eurasian application after its receipt by the Eurasian Office.
In the course of the preliminary examination: the existence and correctness of execution of the documents of the Eurasian application, including the documents required in accordance with Rule 101 (1) of the Instructions for establishing the filing date of the Eurasian application, is checked, and the filing date of the Eurasian application is established, if it has not been established by the national office ... If necessary, the applicant is invited to make corrections and clarifications to the Eurasian application within the time period specified in the notification of the Eurasian Office.
Then, the Eurasian application is published by the Eurasian Office within one month from the date of notification of the positive result of the preliminary examination of the Eurasian application to the applicant. The publication of the Eurasian application is carried out in electronic form and includes: a title page containing bibliographic data; images of each industrial design declared in the Eurasian application.
Any person who believes that the claimed industrial design is not new and original or refers to solutions and (or) objects that are not protected as industrial designs may file an objection to the Eurasian Office against the grant of an Eurasian patent within two months from the date publication of the Eurasian application.
With respect to an Eurasian application, for which the preliminary examination ended with a positive result, the Eurasian Office conducts a substantive examination. In the course of the examination of the Eurasian application on the merits, it is checked: the possibility of classifying each industrial design declared in the Eurasian application as industrial designs, the legality of claiming priority and objection to the grant of an Eurasian patent from third parties if they have been received.
Based on the results of the substantive examination of the Eurasian application, the Eurasian Office makes a decision to grant an Eurasian patent or to refuse to grant an Eurasian patent, of which the applicant is notified.
On the basis of a decision to grant an Eurasian patent and subject to the applicant paying a fee for registration of an industrial design, publication of information on the grant of an Eurasian patent and the grant of an Eurasian patent, the Eurasian Office registers the industrial design in the Register of Eurasian patents for industrial designs.
Within two months from the date of registration of an industrial design in the Register of Eurasian Patents for Industrial Designs, the Eurasian Office publishes information on the grant of an Eurasian patent in the official bulletin of the Eurasian Office.
The Eurasian Office issues an Eurasian patent to the applicant immediately after the publication of information on its grant. In this case, the date of publication of information on its issuance in the official bulletin of the Eurasian Office is considered the date of issuance of an Eurasian patent.