Docstoc

Approved

Document Sample
Approved Powered By Docstoc
					                                                   Approved
                                                   by the Administrative Council of the Eurasian Patent Organization at
                                                   the 2nd (1st Extraordinary) meeting on December 1, 1995



                                                     STATUTE
                                   of fees charged by the Eurasian Patent Organization

                                                  I. General Provisions
(1) For the purposes of the present Statute of fees charged by the Eurasian Patent Organization (hereinafter "the
Statute") the following definitions shall mean:
      "Convention" - the Eurasian Patent Convention done in Moscow on September 9, 1994;
      "Organization" - the Eurasian Patent Organization pursuant to Article 2(1) of the Convention;
      "Eurasian Office" - the Eurasian Patent Office pursuant to Article 2(3) of the Convention;
      "Contracting State" - a state party to the Convention;
      "Administrative Council" - the Administrative Council pursuant to Article 2(3) of the Convention;
      "President of the Eurasian Office" - the highest official in the Organization pursuant to Article 2(4) of the
Convention, as appointed in accordance with Article 3(3)(iii) of the Convention;
      "National Office" - the national Patent Office of a Contracting State pursuant to Article 15(l)(ii) of the
Convention;
      "Patent Regulations" - the Patent Regulations under the Eurasian Patent Convention pursuant to Article 14 of the
Convention;
      "applicant" - a person who files a Eurasian application or is the representative of that applicant;
      "patent holder" - a person who enjoys the exclusive right to use a patented invention pursuant to Article 9 of the
Convention;
      "Eurasian application" - an application for grant of a Eurasian patent, filed pursuant to Article 15(1) of the
Convention, or an international application filed in accordance with the Patent Cooperation Treaty and containing a
designations of Contracting States for the purposes of obtaining a Eurasian patent;
      "Eurasian patent" - a patent granted by the Eurasian Office pursuant to Article 15 of the Convention;
      "fee" - payment for performing, by the Eurasian Office, a legally significant action in respect of a Eurasian
application or a Eurasian patent, as well as an annuity for maintenance
of a Eurasian patent;
      "single procedural fee" - the fee for filing a Eurasian application, search, publication and other procedural actions
pursuant to Article 15(2) of the Convention.
(2) This Statute shall stipulate the manner, amounts and time limits for payment of the fees provided for in the
Convention and in the Patent Regulations.

(3) The fees shall be paid to the Eurasian Office, unless expressly stated otherwise.

(4) The amounts of the fees provided for in the present Statute shall be fixed in US dollars.
The applicants, in accordance with Rule 40(4) of the Patent Regulations, shall make settlements with the Eurasian
Office in the territory of the country, where the headquarters of the Organization are situated, in respect of payment of
fees in the currency of that country in the sums equivalent to the amounts, as stated below, of the fees at the rate fixed
by the Central Bank of the country, where the headquarters of the Organization are situated, as on the date of
performing the corresponding operation. The applicants shall make settlements with the Eurasian Office outside the
country, where the headquarters of the Organization are situated, in respect of payment of the fees shall be made in
freely convertible currency with due regard to the rate of that currency and the US dollar at the time of the payment.
(5) The persons, who, according to Rule 40(4) of the Patent Regulations, have been given temporary tariff preferences,
shall pay the fees in the amounts of 20 per cent of the amounts stated in Clauses 2 (except for 2(2)), 4, 5, 6 (except for
6(3)), 7 (except for 7(2)) and 8 of this Statute.

The list of States, as mentioned in the last paragraph of Rule 40(4) of the Patent Regulations, is appended to this Statute.

                                          2. Filing of a Eurasian application
(1) The applicant shall pay the following fees for the filing of a Eurasian application pursuant to Article 15(2) of the
Convention:
      (i) the single procedural fee for filing of a Eurasian application for one invention - in the amount of 800 dollars;
      (ii) the single procedural fee for filing of a Eurasian application for a group of inventions - in the amount of 800
dollars and, in addition, 600 dollars for each invention in excess of one;
      (iii) the additional fee for each claim to a separate subject matter of the invention in excess of ten in accordance
with Rule 24(7) of the Patent Regulations - in the amount of 50 dollars;
      (iv) the additional fee for each sheet of the materials of a Eurasian application, in excess of 35 sheets, relating to
one invention, including the claims, the description of the invention,
the drawings and other documents, as well as the abstract, in accordance with Rule 21(1) of the Patent Regulations - in
the amount of 5 dollars;
      (v) the additional fee for late submission of a translation into the Russian language in accordance with Rules
21(6) and 71(4) of the Patent Regulations - in the amount of 30 dollars;
      (vi) the additional fees for late submission of a documents confirming payment of the single procedural fee within
the time limits provided for in Rules 21(7) and 71(4) of the Patent Regulations - in the amounts of 20 per cent of the
amounts of the fees stated in subclauses (i), (ii), (iii) and (iv) of this clause.
Documents confirming payment of the corresponding fees for filing of a Eurasian application shall be submitted within
the time limits stipulated in Rules 21(1) and (7), 34(5) and 71(4) of the Patent Regulations.
In a case where a fee has been paid in the amount different from that stated in this paragraph, a document confirming
the extra payment may be submitted within three months from the date of sending, by the Eurasian Office, to the
applicant an invitation to that extent. In such a case the extra payment shall be effected in the sum exceeding the fixed
amount of the incompletely paid fee by 25 per cent.
Where documents confirming payment of the fees for filing a Eurasian application in the amounts stated in this
paragraph or an extra payment up to those amounts have not been submitted within the prescribed time limits, the
application shall be considered as not filed.
Where in respect of a Eurasian application relating to a group of inventions the fee has been filed in the amount less
than that stated in subclause (ii) of this clause, the further proceedings shall be conducted in relation of only those
inventions that have been selected by the applicant or, where such selection is unavailable, that have been indicated first
in the claims and in respect of which the fees have been paid in full.
Where, at the time of filing of a Eurasian application or within two months from the date of receipt of that application
by the Eurasian Office, the applicant, in accordance with Rule 40(5) of the Patent Regulations, submits an international
search report prepared by an International Searching Authority, the amount of the single procedural fee shall be
decreased by 25 per cent for each invention in respect of which such report has been submitted.
The amount of the single procedural fee shall not be decreased, as it is provided in the previous paragraph, for
acceptance of those parts of an international application for an invention in respect of which an international search has
not been conducted. If the applicant has paid the single procedural fee in a decreased amount, an extra payment shall be
effected within three months from the date of sending, by the Eurasian Office, to the applicant an invitation to that
extent. If such an extra payment has not been effected within the said period, the corresponding parts of the Eurasian
application shall be considered as withdrawn.
(2) Where a Eurasian application is filed in accordance with Article 15(l)(ii) of the Convention with the national Patent
Office, the fee for checking the application for the compliance with the physical requirements and the transmittal fee
shall be paid; the amount, manner of payment and time limits for payment of which shall be determined by that
Contracting State.

(3) For seeking priority in accordance with the third paragraph of Rule 36(2) of the Patent Regulations the applicant
shall pay the additional fee in the amount of 500 dollars.
A document confirming payment of that additional fee shall be submitted together with a document confirming the
existence of circumstances beyond the applicant's control, which have prevented the Eurasian application from being
filed within the prescribed time limit.


                                     3. Filing of an international application
For filing of an international application in accordance with Rules 63, 64 and 65 of the Patent Regulations the applicant
shall pay the international fee, the search fee and the transmittal fee as provided for in the Patent Cooperation Treaty.

The manner, amounts and time limits for payment of the international fee and the search fee shall be determined in
Rules 14, 15 and 16 of the Regulations under the Patent Cooperation Treaty.

The transmittal fee in the amount of 100 dollars shall be paid together with the international fee and the search fee.

                             4. Substantive examination of Eurasian application
(1) For the substantive examination of a Eurasian application in accordance with Article 15(6) of the Convention the
applicant shall pay the following fees:
      (i) in relation of one invention - in the amount of 800 dollars;
      (ii) in relation of a group of inventions - in the amount of 800 dollars and, in addition, 600 dollars for each
invention in excess of one;
      (iii) the additional fee for filing a request in accordance with paragraph 2 of Rule 46(1) of the Patent Regulations -
in the amount of 50 per cent of the fee stated in this paragraph. A document confirming payment of the fee shall be
submitted together with a petition to carry out the substantive examination of the Eurasian application.

Where a document confirming payment of the fee is lacking, the petition shall be considered as not submitted.

In a case where the fees as paid do not correspond to the amounts indicated in this paragraph, a document confirming an
extra payment in respect of these fees may be submitted within three months from the date of sending, by the Eurasian
Office, to the person, who has
submitted the said petition, an invitation to that extent. Such extra payment shall be effected taking into account the fact
that the amount of the prescribed fee is to be increased by 25 per cent.
Where a document confirming an extra payment in respect of the fees in the amount indicated in subparagraph (ii) has
not been submitted within the said time limit, the group of the inventions shall be examined in relation to those which
have been selected by the applicant, or, where such selection is unavailable, which have been indicated first in the
claims and in respect of which the fee has been paid in full.
Where a document confirming payment of the additional fee in accordance with subclause (iii) of this clause has not
been submitted within the prescribed time limits, the petition shall be considered as not submitted.
(2) For filing of a petition on transformation of a Eurasian application into a national patent application in accordance
with Article 16(1) of the Convention the applicant shall pay the fee in the amount of 200 dollars.
A document confirming payment of the fee shall be submitted together with a petition on transformation of the Eurasian
application.
Where a document confirming payment of the fee has not been submitted together with the petition, that petition shall
be considered as not submitted.


                                            5. Grant of Eurasian patent
(1) For grant of a Eurasian patent in accordance with Article 15(10) of the Convention and its publication in accordance
with Rule 51(1) of the Patent Regulations the applicant shall pay the fee in the amount of 500 dollars.
(2) For publication of a Eurasian patent, if the application materials relating to one invention contain more than 35
sheets, including the claims, the description, the drawings and other materials, as well as the abstract, the applicant, in
accordance with Rule 51(2) of the Patent Regulations, shall pay the additional publication fee in the amount of 15
dollars for each subsequent sheet in excess of 35 sheets.
(3) The fees indicated in clauses 5(1) and (2) of this Statute shall be paid by the applicant within the time limit
prescribed in Rule 51(1) of the Patent Regulations.
Where the fee in the amount stipulated in clause 5(1) of this Statute has not been paid, the Eurasian application shall be
considered as withdrawn.
Where the additional publication fee has not been paid, or where the paid additional fee does not correspond to the
amount stipulated in clause 5(2) of this Statute, such fee may be paid or an extra payment may be effected in respect of
it within three months from the date of sending, by the Eurasian Office, to the applicant an invitation to that extent.
Such a payment or extra payment shall be effected taking into account the fact that the prescribed amount of the fee is
to be increased by 25 per cent.

Where the additional fee in the prescribed amount has not been paid within the said time limit, the Eurasian application
shall be considered as withdrawn.

(4) For grant of a Eurasian patent in accordance with Rule 7(2) of the Patent Regulations the person recognized as the
inventor or the patent holder shall pay the fees in the amounts indicated in clause 5(1) and (2) of this Statute.

A document confirming payment of the fees shall be submitted together with a petition on grant of a Eurasian patent in
his name.
Where a document confirming payment of the fee in the amount indicated in clause 5(1) of this Statute has not been
submitted together with a petition, such a petition shall be considered as not filed.

Where the additional publication fee has not been paid, or where the additional fee as paid does not correspond to the
amount stated in clause 5(2) of this Statute, a document confirming payment of the fee or an extra payment in respect of
that fee may be submitted within three months from the date of sending, by the Eurasian Office, to the person
recognized as the inventor or the patent holder an invitation to effect such payment or extra payment. Such a payment
or extra payment shall be effected taking into account the fact that the prescribed amount of the fee is to be increased by
25 per cent.

Where a document confirming payment of the additional publication fee in the prescribed amount has not been
submitted within the said time limits, the petition shall be considered as not filed.

                             6. Making additions, corrections and amendments
(1) For making additions, corrections and amendments in a Eurasian application prior to filing of a petition on
substantial examination of the application in accordance with Rule 49(2) of the Patent Regulations the applicant shall
pay the additional fee in the amount of 160 dollars for each petition to make amendments or corrections.

A document confirming payment of the fee shall be submitted together with the petition to make amendments and
corrections.
Where a document confirming payment of the fee in the prescribed amount has not been submitted together with the
petition to make amendments and corrections, that petition shall not be taken into account while examining the Eurasian
application.
(2) For making additions, corrections and amendments in a Eurasian application after filing a petition on substantial
examination of that application in accordance with Rule 49(2) of the Patent regulations the applicant shall pay the
additional fee in the amount of 275 dollars for each petition on making amendments or corrections.
Where, in accordance with Rule 49(3) of the Patent Regulations, amendments are introduced into the claims, and such
amendments relate to one or several inventions characterized in the original claims, but not separated as independent
claims, the additional fee in the amount of 275 dollars for each separated claim of the claims as amended shall be
payable.
A document confirming payment of the fee in the prescribed amount shall be submitted together with the materials
containing amendments and corrections.

Where a document confirming payment of the fee in the prescribed amount has not been submitted together with the
said amendments, such amendments shall not be taken into account.

(3) For making corrections in a Eurasian patent in accordance with the second paragraph of Rule 57 of the Patent
Regulations the patent holder shall pay the fee in the amount of 200 dollars for each correction.

A document confirming payment of the fee shall be submitted together with a petition on making corrections.

Where a document confirming payment of the fee has not been submitted together with the petition, the corrections in
the Eurasian patent shall not be made.
(4) For publication of a new specification to a Eurasian patent due to amendments made in it in the result of considering
an opposition against the grant of a Eurasian patent in accordance with Rule 53(9) of the Patent Regulations the patent
holder shall pay the fee in the amount of 200 dollars.

For publication of a new specification to a Eurasian patent, if the claims, the description of the invention, the drawings,
the abstract and the other materials of the new specification contain more than 35 sheets, the additional fee in the
amount of 10 dollars for each subsequent sheet shall be paid.
The said fees shall be paid within two months from the date on which the Eurasian Office takes a decision to make
amendments in the claims, the description of the invention, the drawings and other materials of the Eurasian patent.
Where the fee for publication of a new specification to a Eurasian patent has not been paid within the prescribed time
limit and in the amount stated in the first paragraph of this clause, the Eurasian patent shall be canceled.

Where the additional fee has not been paid, or where the additional fee as paid does not correspond to the amount stated
in the second paragraph of this clause, a payment or extra payment in respect of this fee may be effected within three
months from the date of sending, by the Eurasian Office, to the applicant an invitation to effect such payment or extra
payment. Such payment or extra payment shall be effected taking into account the fact that the prescribed amount of the
additional fee is to be increased by 25 per cent.
Where the additional fee in the prescribed amount has not been paid within the said time limit, the Eurasian patent shall
be canceled,


                                7. Filing of oppositions against decisions of the
                                                Eurasian Office
(1) For filing an opposition against a decision of the Eurasian Office to refuse grant of a Eurasian patent in accordance
with Article 15(9) of the Convention the applicant shall pay the fee in the amount of 550 dollars.
A document confirming payment of the fee shall be submitted together with the opposition against a decision of the
Eurasian Office to refuse grant of a Eurasian patent.
Where a document confirming payment of the fee has not been submitted together with the said opposition, that
opposition shall be considered as not filed.

(2) For filing an opposition against the grant of a Eurasian patent in accordance with Rule 53(5) of the Patent
Regulations the person, who is filing that opposition, shall pay the fee in the amount of 800 dollars.

A document confirming payment of the fee shall be submitted together with the opposition against the grant of the
Eurasian patent.
Where a document confirming payment of the fee has not been submitted together with the said opposition, that
opposition shall be considered as not filed.
                              8. Extension and restoration of missed time limits
(1) For extending the time limit for submission of additional materials following an examiner's request in accordance
with Rule 49(4) of the Patent Regulations the applicant shall pay the additional fee:
     (i) up to 6 months from the expiration date of the time limit prescribed for giving a reply to the examiner's request
- in the amount of 120 dollars for each month of extension;
     (ii) from 6 to 12 months from the expiration date of the said time limit - in the amount of 200 dollars for each
month of extension.
A document confirming payment of the fee shall be submitted together with a petition of the applicant to extend the
prescribed time limit.
Where a document confirming payment of the fee in the prescribed amount has not been submitted together with a
petition to extend the prescribed time limit, that petition shall not be taken into account.
(2) For filing a petition to restore a missed time limit for performing each procedural action on obtaining a Eurasian
patent in accordance with Rule 39 of the Patent Regulations the applicant shall pay the additional fee in the amount of
50 per cent of the corresponding fee for that action.
A document confirming payment of the additional fee shall be submitted together with a petition to restore the missed
time limit.
Where a document confirming payment of the additional fee has not been submitted together with the petition to restore
the missed time limit, that petition shall be considered as not filed, and the missed time limit shall not be restored.


                                                 9. Access to materials
(1) For filing a request to provide, together with the patent search report, copies of documents cited in the report in
accordance with Rule 43(1) of the Patent Regulations the applicant shall pay the fee in the amount of 20 dollars.

A document confirming payment of the fee shall be submitted together with the said request.
Where the total number of sheets in the requested documents exceeds 20, the applicant shall effect an extra payment in
the amount of 2 dollars for each sheet in access of 20 sheets. A document confirming such extra payment shall be
submitted within three months from the date of sending, by the Eurasian Office, an invitation to effect such extra
payment.
Where a document confirming payment of the fee or extra payment has not been submitted, the requested materials
shall not be enclosed with the search report.
(2) For access to the materials of a Eurasian application or a Eurasian patent a person wishing to get access to those
materials shall pay to the Eurasian Office in accordance with Rule 61(3) of the Patent Regulations the fee in the amount
of 125 dollars.

A document confirming payment of the fee shall be submitted together with a request to grant access to the materials of
a Eurasian application or a Eurasian patent.

Where a document confirming payment of the fee has not been submitted together with the corresponding request,
access to the materials shall be denied.

Where a person wishing to get access to the said materials requests that he/she be provided with copies of those
materials, he/she shall pay the expenses of the Eurasian Office for copying the materials and, where necessary, their
transmittal in accordance with the tariffs for services of the Office.

The furnishing of copies of the requested materials and their transmittal shall be effected in the manner established in
accordance with the second paragraph of Rule 40(1) of the Patent Regulations.

(3) For access to the Register of Eurasian Patents a person wishing to get access to the register shall pay to the Eurasian
Office in accordance with Rule 58(1) of the patent Regulations the fee in the amount of 125 dollars.

A document confirming payment of the fee shall be submitted together with a request to grant access to the Register of
Eurasian Patents.
Where a document confirming payment of the fee has not been submitted together with the corresponding request,
access to the Register of Eurasian Patents shall be denied.


                                      10. Maintenance of Eurasian patent
For maintenance of a Eurasian patent in accordance with Articles 17, 18(2) and (3) of the Convention the patent holder
shall annually pay the annual fee for maintenance of a Eurasian patent (hereinafter "annuity") in the amount equal to the
sum of the fees for maintenance of the Eurasian patent in the designated Contracting States for the respective year of the
validity of the Eurasian patent.

The amounts of the fees for maintenance of a Eurasian patent in relation of each Contracting State shall be established
by that State.
The annuity for each year of the validity of a Eurasian patent according to Article 17(2) of the Convention shall be paid
as on the date of the current year of its validity, which date shall correspond to the filing date of the Eurasian
application.
Where the annuity for any year of validity of the patent has been paid within the time limit established by Rule 40(7) of
the Patent Regulations, the amount of the annuity shall be increased by 50 per cent.
Where the annuity as paid does not correspond to the established amount, an extra payment in respect of that annuity
may be effected within three months from the date of sending, by the Eurasian Office, to the patent holder an invitation
to effect such extra payment. In such a case extra payment shall be effected taking into account the fact that the
prescribed amount of the annuity is to be increased by 25 per cent.
Where a document confirming payment of an annuity in the prescribed amount has not been submitted, the respective
patent shall be invalidated in accordance with Rule 56(1) of the Patent Regulations.


                                    11. Registration of assignment contract
For registration of a contract on assignment of the rights to a Eurasian patent in accordance with Rule 13(3) of the
Patent Regulations the applicant or the patent holder shall pay the fee in the amount of 500 dollars.
A document confirming payment of the fee shall be submitted together with a request (o register the corresponding
contract on assignment of the rights to the Eurasian patent.
Where a document confirming payment of the fee has not been submitted together with the request, the corresponding
contract shall not be registered.


                                                 12. Payment of fees
(1) The document confirming payment of a fee shall be a corresponding document, e.g., a copy of the payment order, a
receipt of the Savings Bank or another credit institution, attested in the prescribed manner by the Bank serving the
Eurasian Office, or a bank in a Contracting State having correspondent relations with the Bank serving the Eurasian
Office.
(2) A document confirming payment of a fee shall be valid for submission to the Eurasian Office within three months
from the payment date indicated therein.
(3) A document confirming payment of the fee shall relate to one Eurasian application or one Eurasian patent and shall
indicate the title of the Eurasian application filed and/or the registration number of that application if such a document
is furnished after the registration of the application in the Eurasian Office, and/or the number of the Eurasian patent as
well as the
indication of the action for which the fee has been paid. A document relating to several Eurasian applications and/or
Eurasian patents and lacking necessary data shall be invalid.

(4) In a case where the payment confirmed by the corresponding document does not arrive within two months from the
payment date indicated therein at the account of the Eurasian Office, the applicant or the patent holder shall be obliged,
within three months from the date of sending, by the Eurasian Office, a corresponding notice, to make necessary steps
for effecting the payment.

(5) Under a correctly paid fee is understood as a fee paid on the date of receiving by the Eurasian Office a document on
performing a legally significant action for which it is to be paid, and in a case of mailing such a document to the
Eurasian Office - on the date when it was surrendered to the post office, such fee having been paid in the amount and
within the time limits prescribed in the Convention, the Patent Regulations or in this Statute.
(6) The Eurasian Office shall publish in regular intervals in the Bulletin of the Eurasian Office data on the Bank serving
them, the details of their account, as well as data on the banks in the Contracting States, which have correspondent
relations with the Bank serving them.


                                                  13. Refund of fees
In accordance with Rule 40(9) of the Patent Regulations a fee may be refunded at the applicant's request, if such a fee
has been paid in the amount exceeding that established in this Statute, or where the action, for which the fee has been
paid, has not been performed.

The money to be refunded may, at the request of the said person, be channeled for payment of other fees by that person
or for payment for services of the Eurasian Office.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:3
posted:2/15/2012
language:English
pages:8