The Eurasian Patent Office (EAPO) will join the Patent Cooperation Treaty (PCT) as an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA) on July 1, 2022. In October of 2021, the Assembly of the PCT Union appointed the EAPO to this position.
EAPO
The EAPO, as an International Searching Authority, will make it easier to find prior art for patent applications filed under the PCT. Applicants could choose a specific ISA to undertake the search upon filing a patent application under the PCT based on their citizenship, the cost of the search paid by the ISA, and the jurisdictions where the PCT application would be nationalized. The ISA will issue a Written Opinion of the International Searching Authority (WOISA), which will state whether or not the claimed invention fits patentability standards.
Applicants may also request an optional International Preliminary Examination from an IPEA, which can help applicants change their applications or raise objections about potential flaws in the WOISA, thereby leading to a more favorable International Preliminary Report on Patentability (IPRP).
In addition, beginning July 1, 2022, the EAPO will establish a new fee schedule for Eurasian patents. As a result, the charge for filing an application with up to five claims will increase from 28,000 RUB to 36,000 RUB, a 29 percent increase. Additional claim fees will increase by approximately 30%, with each subsequent claim in excess of 5 up to 20 costing 3700 RUB to 4800 RUB, each additional claim in excess of 20 costing 4000 RUB to 5200 RUB, and each additional claim in excess of 50 costing 5000 RUB to 6500 RUB, respectively.
The EAPO will also implement a new fee schedule for Eurasian patents, which will go into effect on July 1, 2022. As a result, the charge for filing an application with up to five claims will climb from 28,000 RUB to 36,000 RUB, representing an almost 30% increase. Each additional claim in excess of 5 up to 20 will increase by around 30%, with each subsequent claim in excess of 20 increasing by 4000 RUB to 5200 RUB, and each further claim in excess of 50 increasing by 5000 RUB to 6500 RUB.
Examination fees will also rise, with the cost of requesting substantive examination for the first independent claim increasing by approximately 33% from 30,000 RUB to 40,000 RUB. The additional charge for substantive examination in regard to the second independent claim will increase by about 25% to 25,000 RUB from 20,000 RUB, with each subsequent independent claim increasing by approximately 30% from 10,000 RUB to 13,000 RUB.
The cost of granting a patent will rise by around 39%, from 18,000 RUB to 25,000 RUB, while the cost of publishing a Eurasian patent with more than 35 pages will rise by about 25%, from 200 RUB to 250 RUB per page. The cost of filing an objection to a refusal to issue a Eurasian patent will increase by about 25%, from 20,000 RUB to 25,000 RUB, while the cost of filing an opposition to a grant of a Eurasian patent would increase by about 33%, from 30,000 RUB to 40,000 RUB.
Thailand
In addition to amending certain fees, Thailand’s Department of Intellectual Property recently announced a waiver of surcharges for some late payments, a policy that went into effect on April 9, 2022, and will last until September 30, 2022.
Late trademark renewals, as well as late payment of patent annuity costs, including those for small patents and designs, are free from fees. As a result, trademark registrations that are inside the 6-month grace period will be able to be renewed late without paying the 20% official fee penalty. Similarly, patents, petty patents, and designs filed within the 120-day grace period for annuities can be paid without the official fee premium of 30%.
These provisions were put in place to help reduce the impact of a recent spike in Covid cases in the country, allowing for payment deadline extensions without incurring additional penalties, thereby assisting IP and innovation.