Amendments and addenda to the Patent Regulations to the EAPC come into force from November 1, 2022



The Eurasian Patent Office (EAPO) informs all interested parties that amendments and addenda to Part I "Inventions" and Part II "Industrial Designs" of the Patent Regulations to the Eurasian Patent Convention (Patent Regulations) come into force with effect from November 1, 2022. The revisions were approved by the decision of the Administrative Council of the Eurasian Patent Organization (EAPO), adopted at its forty-first (twenty-ninth regular) meeting on September 20-21, 2021.

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 use of 3D models in the framework of the Eurasian patent procedure for inventions and industrial designs is an important step towards the inclusion of modern digital technologies in patent practice, allowing applicants to use the advantages of 3D visualization to further clarify the essence of the claimed invention and more clearly present the appearance of products where design protection is sought, which will help to increase the efficiency and quality of the Eurasian examination. Technical requirements for submission of 3D models will be published in the Technical Regulations of the EAPO-ONLINE tool.

From November 1, 2022, the time limits for filing an opposition to a Eurasian patent for invention in accordance with Rule 53(1) of the Patent Regulations and an opposition to a Eurasian industrial design patent in accordance with Rule 116(2) of the Patent Regulations 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.

A number of addenda and clarifications made to the Part I "Inventions" of the Patent Regulations relate to the procedures for obtaining a Eurasian patent for invention and are aimed at optimizing the actual procedural terms. In particular, according to the new wording of Rule 49(3) of the Patent Regulations, submission of amended claims is permitted only 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).

New revisions of Part I "Inventions" of the Patent Regulations and Part II "Industrial Designs"of the Patent Regulations taking effect from November 1, 2022, are posted on the EAPO web portal. Non-official translations into English will follow in the near future.