In the global marketplace, intellectual property (IP) is more than just a legal formality — it is a strategic asset that can define market position, attract investors, and protect innovations from unauthorized use. For inventors and companies operating in Russia and surrounding regions, two prominent systems exist for patent protection: the Eurasian patent and the Russian national patent. While both grant exclusive rights, their scope, procedure, and strategic value differ significantly.
1. Legal Basis and Coverage
- Eurasian Patent
The Eurasian Patent System operates under the Eurasian Patent Convention (EAPC), administered by the Eurasian Patent Organization (EAPO) headquartered in Moscow. As of 2025, it covers eight member states: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan. A single Eurasian patent grants protection in all participating countries without the need for separate national filings. - Russian Patent
A Russian patent is granted by the Federal Service for Intellectual Property (Rospatent) and provides protection solely within the Russian Federation. Any expansion beyond Russia requires separate applications or participation in international systems such as the Patent Cooperation Treaty (PCT).
2. Application Procedure
- Eurasian Patent
Applicants can file directly with the EAPO or enter the Eurasian phase via the PCT route. The application is examined centrally, and if granted (the patent attorney will help), the patent automatically takes effect in all member states. However, in most countries, annual maintenance fees must be paid locally to keep the patent in force. - Russian Patent
Applications are filed with Rospatent, either directly or as a PCT national phase entry. The examination process involves a formal check, publication, and substantive examination. Protection is limited to Russia unless the applicant files in other jurisdictions separately.
3. Term of Protection
- Both Eurasian and Russian patents generally last 20 years from the filing date, subject to the payment of annual fees. For certain pharmaceutical and agricultural inventions, extensions are possible under both systems.
4. Costs
- Eurasian Patent
Initial filing and examination fees are higher compared to a single Russian filing because the Eurasian system covers multiple jurisdictions. However, it is cost-effective for inventors seeking protection in several EAPO countries simultaneously. - Russian Patent
Filing and maintenance fees are lower, making it an attractive option for inventions intended solely for the Russian market. Expanding to other countries would require additional filings and expenses.
5. Enforcement
- Eurasian Patent
Enforcement is decentralized: while the patent is granted centrally, infringement cases are handled under the laws of each member state where protection is sought. This means enforcement quality may vary between jurisdictions. - Russian Patent
Enforcement takes place exclusively in Russian courts under Russian law, which may simplify litigation but limits territorial reach.
6. Strategic Considerations
- Choose a Eurasian patent if:
- You plan to operate or license your invention in multiple EAPO member states.
- You seek to streamline filing and examination into one centralized process.
- You want to secure broad protection quickly in a cost-efficient way for the region.
- Choose a Russian patent if:
- Your commercial activity is focused solely on the Russian market.
- You want to minimize initial costs and administrative complexity.
- You may later expand protection using the PCT or other international filings.
Conclusion
Both the Eurasian and Russian patent systems offer solid mechanisms for protecting innovations, but they cater to different strategic needs. The Eurasian patent is the clear choice for inventors targeting multiple markets within the EAPO region, offering efficiency and broad coverage. The Russian patent remains ideal for innovations with a domestic commercial focus, delivering protection at a lower cost.
In practice, many companies choose a combined approach: filing a Eurasian patent for regional coverage and supplementing it with national filings in non-EAPO countries. In 2025, with increasing cross-border trade and technological cooperation across Eurasia, understanding the interplay between these systems is essential for effective IP portfolio management.
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