EURASIAN COURT JURISDICTION – A NATURAL STEP TOWARD IMPROVING THE PROCEDURES FOR CONTESTING EURASIAN PATENTS

Аннотация

This paper includes a brief review of the systems for contesting decisions made by the Eurasian Patent Office regarding the issue of Eurasian patents for inventions – systems for administrative annulment of Eurasian patents for inventions and systems for invalidation of Eurasian patents for inventions by competent bodies of the Eurasian Patent Organization member states.

Based on the analysis of the two systems conducted by the author, the conclusion is drawn that it is reasonable to create a uniform regional court jurisdiction under which an efficient mechanism will be generated to appeal the decisions about issue or refusal of Eurasian patents approved by the Eurasian Patent Office, the body of the international inter-governmental organization.

Also, based on the statistics provided in the paper, the high quality of Eurasian patents for inventions issued by the Eurasian Patent Office as a result of carrying out a patent search across the global patent pool and an expert examination of Eurasian patent applications is summarized. A conclusion can be made about the need for the Eurasian Patent Office to participate in considering disputes associated with protectability of inventions protected based on the Eurasian patents that are contested in member states of the Eurasian Patent Convention. The goal of this participation will be to provide assistance to the patent owners in terms of protecting their interests regarding Eurasian patents for inventions.