![]() Parties (purple), former parties (green) and signatories that did not ratify (blue) | |
Signed | 9 September 1994 [1] |
---|---|
Location | Moscow, Russia |
Effective | 12 August 1995 [2] |
Condition | Ratification by three States [1] |
Signatories | 10 |
Parties | 8 (Armenia, Azerbaijan, Belarus, Russia, Kyrgyzstan, Kazakhstan, Tajikistan, Turkmenistan) [2] [3] |
Depositary | Director-General of WIPO [1] |
Language | Russian [1] [3] |
The Eurasian Patent Convention (EAPC; Russian : Евразийская патентная конвенция) is an international patent law treaty instituting both the Eurasian Patent Organization (EAPO) and the legal system pursuant to which Eurasian patents are granted. [1] It was signed on 9 September 1994 in Moscow, Russia, and entered into force on 12 August 1995. [2] [3]
After the Collapse of the Soviet Union, its successor states had no system for protection of intellectual property. A common patent system was conceived in a convention which was signed on 27 December 1991, but never entered into force. [2] This system would provide for a true unitary patent that "may be granted, assigned or canceled in the territory of all the Contracting States with due regard to the invention patentability criteria provided for in the USSR legislation". The second version of the convention went less far: in line with the European Patent Convention, [3] it provided for a single evaluation phase, but after approval, it would be converted in a bundle of national patents.
The convention was signed by 10 states in 1994, 8 of which became members one year later upon ratification. [4]
Country | Signature | Ratification/Accession | Denunciation |
---|---|---|---|
![]() | 9 September 1994 | 27 November 1995 | |
![]() | 9 September 1994 | 25 September 1995 | |
![]() | 9 September 1994 | 8 May 1995 | |
![]() | 9 September 1994 | ||
![]() | 9 September 1994 | 4 August 1995 | |
![]() | 9 September 1994 | 13 October 1995 | |
![]() | 9 September 1994 | 16 November 1995 | 26 April 2012 [3] |
![]() | 9 September 1994 | 27 June 1995 | |
![]() | 9 September 1994 | 12 May 1995 | |
![]() | 1 March 1995 | ||
![]() | 9 September 1994 |
An opposition can be filed against a Eurasian patent granted under the provisions of the Eurasian Patent Convention within six months from the publication of the granted patent. [3]
"Between 1996 and the end of 2015, approximately 43 700 Eurasian applications were filed and 22 700 Eurasian patents were granted at the EAPO." [3]
The World Intellectual Property Organization is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020.
The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. The EPO acts as executive body for the organisation while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the European Patent Convention lies with the Contracting States themselves when meeting at a Conference of the Contracting States.
The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The convention is still in force in 2024. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules.
In patent law, industrial design law, and trademark law, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. The priority right allows the claimant to file a subsequent application in another country for the same invention, design, or trademark effective as of the date of filing the first application. When filing the subsequent application, the applicant must claim the priority of the first application in order to make use of the right of priority. The right of priority belongs to the applicant or his successor in title.
A patent office is a governmental or intergovernmental organization which controls the issue of patents. In other words, "patent offices are government bodies that may grant a patent or reject the patent application based on whether the application fulfils the requirements for patentability."
The Eurasian Patent Organization (EAPO) is an international organization set up in 1995 by the Eurasian Patent Convention (EAPC) to grant Eurasian patents. The official language of the EAPO is Russian and its current president is Saule Tlevlessova. The headquarters of the EAPO is in Moscow, Russia.
The Patent Law Treaty (PLT) is a treaty signed on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation. It entered into force on April 28, 2005. It aims at harmonizing and streamlining formal procedures such as the requirements to obtain a filing date for a patent application, the form and content of a patent application, and representation. The treaty "does not establish a uniform procedure for all parties to the PLT but leaves parties free to require fewer or more user-friendly requirements than those provided in the PLT." As of February 2023, the PLT had 43 contracting states.
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, or Budapest Treaty, is an international treaty signed in Budapest, Hungary, on April 28, 1977. It entered into force on August 19, 1980, and was later amended on September 26, 1980. The treaty is administered by the World Intellectual Property Organization (WIPO).
A utility model is a patent-like intellectual property right to protect inventions. This type of right is available in many countries but, notably, not in the United States, United Kingdom or Canada. Although a utility model is similar to a patent, it is generally cheaper to obtain and maintain, has a shorter term, shorter grant lag, and less stringent patentability requirements. In some countries, it is only available for inventions in certain fields of technology and/or only for products. Utility models can be described as second-class patents.
European patent law covers a range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. For some states in Eastern Europe, the Eurasian Patent Convention applies.
This is a list of legal terms relating to patents and patent law. A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or their successor in rights in exchange to a public disclosure of the invention.
The international copyright relations of Russia were virtually non-existent for much of the Imperial era continuing into the history of the Soviet Union until the Cold War. The Russian Empire had only a few bilateral copyright treaties with other nations were concluded; these treaties moreover were weak and of short duration. The treaties from Imperial times had all expired by the time of the Russian Revolution.
European patent law is characterized by the coexistence of
The Organisation Africaine de la Propriété Intellectuelle or OAPI is an intellectual property organization, headquartered in Yaoundé, Cameroon. The organisation was created by Bangui Agreement of March 2, 1977. The Bangui Agreement was subsequently amended in 1999.
The African Regional Intellectual Property Organization (ARIPO), formerly African Regional Industrial Property Organization, is an intergovernmental organization for cooperation among African states in patent and other intellectual property matters. ARIPO was established by the Lusaka Agreement of 1976. It has the capacity to hear applications for patents and registered trademarks in its member states who are parties to the Harare (patents), Banjul (marks) and Arusha protocols. ARIPO also features a protocol on the protection of traditional knowledge, the Swakopmund Protocol, signed in 2010 by 9 member states of the organization which entered into force on May 11, 2015, and was amended on December 6, 2016.
The unitary patent for Switzerland and Liechtenstein is a patent having a unitary character over the territories of Switzerland and Liechtenstein. It can either be a national patent, or a European patent granted under the European Patent Convention (EPC) and having a unitary character pursuant to Article 142(1) EPC. The unitary patent "may only be granted, transferred, annulled or lapse in respect of the whole territory of protection," i.e. for both Switzerland and Liechtenstein.
Republic Act No. 8293, otherwise known as The Intellectual Property Code of the Philippines lays down the rules and regulations that grant, and enforce patents in the Philippines. Patents may be granted to technical solutions such as an inventions, machines, devices, processes, or an improvement of any of the foregoing. The technical solution must be novel, innovative, and industrially useful. In order for a technical solution to be granted a patent, the inventor must file an application to the Bureau of Patents, which will examine, and in some cases, grant its approval. The law is designed as to foster domestic creativity, to attract foreign investors, and to motivate inventors to release their products for public access.
The Intellectual Property Agency of Armenia (AIPA) is the patent office of Armenia. The agency works under the supervision of the Ministry of Economy of Armenia and is tasked with granting patent and IP address protections, trademarks, and copyrights for objects of industrial property, inventions and usage patterns, industrial design, and commercial and service marks, among others.