1. Introduction
The Eurasian Patent System (EAPO) has long served as a trusted regional mechanism for protecting inventions across a vast territory that unites eight member states: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan.
Since the entry into force of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention (EAPC), this system has extended beyond inventions to include industrial designs — providing a single, harmonized procedure for obtaining design protection valid in all member countries.
This development marks a major step toward deeper regional integration in intellectual property (IP). Designers and companies can now secure design rights across the Eurasian region through one centralized application filed with the Eurasian Patent Office (EAPO) in Moscow.
The Eurasian design system offers both procedural efficiency and strong legal certainty. It allows right holders to manage a single design portfolio covering multiple jurisdictions, eliminating the need for separate filings and renewals in each state.
2. Legal Framework and Territorial Scope
The protection of industrial designs within the Eurasian Patent System is governed by the Protocol on the Protection of Industrial Designs to the EAPC (signed in 2019, effective from 2021) and the Patent Regulations to the Eurasian Patent Convention, as regularly updated by the Administrative Council of the EAPO.
All eight member states of the Eurasian Patent Organization (EAPO) are parties to this Protocol, meaning that a Eurasian design patent now covers the entire territory of these countries simultaneously.
The Eurasian Patent Office acts as a single receiving, examining, and granting authority. Once a Eurasian design patent is issued, it takes effect automatically in all member states, subject only to national translation or recordal requirements where applicable.
3. Subject Matter and Conditions for Protection
Under Rule 78 of the Patent Regulations, a patentable industrial design is defined as “a solution related to the appearance of an article of industrial or handicraft production, which by its essential features is new and original.”
Essential features include the shape, configuration, ornament, color combinations, lines, contours, texture, or surface pattern of an article. These features must determine the aesthetic — not purely functional — appearance of the product.
To qualify for protection, a design must satisfy two core criteria:
Protection is not granted to designs that contradict public order or morality, imitate official symbols or cultural heritage without authorization, or consist solely of features dictated by technical function.
4. Application and Examination Procedure
A Eurasian design application can be filed directly with the EAPO or through a national patent office (for applicants from member states whose national law requires such route).
The application may include up to 100 designs belonging to the same class under the Locarno Classification.
Key filing components include:
The application may claim priority from an earlier filing under the Paris Convention within six months.
The EAPO conducts a formal (preliminary) examination, followed by a substantive examination assessing novelty and originality.
If all requirements are met, the application is published, allowing third parties to submit observations or oppositions within two months.
Upon successful completion of examination, the EAPO issues a Eurasian design patent, publishes it in the Official Bulletin, and enters it into the Register of Eurasian Industrial Design Patents.
5. Duration and Maintenance of Rights
A Eurasian design patent is initially valid for five years from the filing date.
It can be renewed repeatedly for additional five-year periods, up to a maximum of 25 years.
Renewals apply to all member states simultaneously, upon payment of the prescribed renewal fee to the EAPO.
The patent owner enjoys an exclusive right to use the design and to prevent third parties from manufacturing, selling, importing, or otherwise using products incorporating the protected design without consent.
Before the patent is granted, the published application provides provisional protection — enabling the applicant to claim reasonable compensation for unauthorized use occurring after publication and before grant.
6. Enforcement and Validity
Infringement and enforcement issues are governed by the national laws of each contracting state where protection is sought.
Courts in those countries apply local civil procedures, but the Eurasian patent itself serves as a uniform title of protection and evidence of ownership.
A Eurasian design patent can be challenged either:
Grounds for invalidation include lack of novelty or originality, inconsistency with public morality, or the inclusion of unprotectable elements (such as state symbols or trademarks of others without consent).
7. Advantages of the Eurasian Design System
The Eurasian regional system offers numerous advantages for applicants and businesses seeking multi-jurisdictional protection:
1. Unified Procedure:
A single application and examination lead to a single design patent valid across eight countries.
2. Reduced Costs and Formalities:
One filing language (Russian), one set of fees, and one renewal procedure simplify portfolio management.
3. Legal Certainty and Consistency:
Harmonized substantive rules ensure that the design’s protection scope is identical across all member states.
4. Digitalization:
The EAPO enables electronic filing and the use of 3D models, ensuring precision and efficiency in representation.
5. Regional Integration:
The system facilitates trade and innovation across Eurasia, providing designers and manufacturers with reliable protection for the visual identity of their products.
8. The Role of Eurasian Patent Attorneys
Representation before the EAPO is carried out by registered Eurasian patent attorneys specializing in industrial designs. They are authorized to prepare and prosecute design applications, communicate with the EAPO, respond to examination reports, and handle post-grant matters such as renewals, assignments, or recordals.
Applicants without residence or principal place of business in a member state must act through such a representative. Even local applicants benefit from professional support, as experienced attorneys ensure accurate image presentation, proper classification, and strong legal protection in case of dispute.
9. Conclusion
The Eurasian system for the protection of industrial designs represents a powerful, modern instrument of regional IP integration.
It provides creators and businesses with an efficient, transparent, and cost-effective way to secure design rights across an entire region that bridges Europe and Asia.
For companies active in multiple Eurasian markets — from consumer goods to machinery, packaging, and digital products — a Eurasian design patent delivers both convenience and strategic protection of visual identity.
10. Professional Assistance
If you plan to protect your industrial design under the Eurasian Patent System or wish to understand how it complements national and international routes, I will be glad to assist you personally.
My name is Avetis Peryan, and I have 27 years of professional experience in intellectual property, including 17 years as Head of the Inventions and Industrial Designs Examination Department at the Intellectual Property Office of Armenia.
Having worked closely with the Eurasian Patent Organization and national authorities, I provide expert guidance on every stage of the process — from preparing and filing Eurasian design applications to handling formal correspondence, examination, and registration.
You can contact me directly to discuss your project and choose the optimal strategy for protecting your design in the Eurasian region.
📧 info@peryanip.am
🌐 www.peryanip.am
The Eurasian Patent System (EAPO) has long served as a trusted regional mechanism for protecting inventions across a vast territory that unites eight member states: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan.
Since the entry into force of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention (EAPC), this system has extended beyond inventions to include industrial designs — providing a single, harmonized procedure for obtaining design protection valid in all member countries.
This development marks a major step toward deeper regional integration in intellectual property (IP). Designers and companies can now secure design rights across the Eurasian region through one centralized application filed with the Eurasian Patent Office (EAPO) in Moscow.
The Eurasian design system offers both procedural efficiency and strong legal certainty. It allows right holders to manage a single design portfolio covering multiple jurisdictions, eliminating the need for separate filings and renewals in each state.
2. Legal Framework and Territorial Scope
The protection of industrial designs within the Eurasian Patent System is governed by the Protocol on the Protection of Industrial Designs to the EAPC (signed in 2019, effective from 2021) and the Patent Regulations to the Eurasian Patent Convention, as regularly updated by the Administrative Council of the EAPO.
All eight member states of the Eurasian Patent Organization (EAPO) are parties to this Protocol, meaning that a Eurasian design patent now covers the entire territory of these countries simultaneously.
The Eurasian Patent Office acts as a single receiving, examining, and granting authority. Once a Eurasian design patent is issued, it takes effect automatically in all member states, subject only to national translation or recordal requirements where applicable.
3. Subject Matter and Conditions for Protection
Under Rule 78 of the Patent Regulations, a patentable industrial design is defined as “a solution related to the appearance of an article of industrial or handicraft production, which by its essential features is new and original.”
Essential features include the shape, configuration, ornament, color combinations, lines, contours, texture, or surface pattern of an article. These features must determine the aesthetic — not purely functional — appearance of the product.
To qualify for protection, a design must satisfy two core criteria:
- Novelty:
- The set of essential features must not be known from publicly available information anywhere in the world before the filing or priority date of the application.
- Originality:
- The design must result from the creative nature of the product’s appearance and must produce a different overall impression on an informed user compared to earlier designs.
Protection is not granted to designs that contradict public order or morality, imitate official symbols or cultural heritage without authorization, or consist solely of features dictated by technical function.
4. Application and Examination Procedure
A Eurasian design application can be filed directly with the EAPO or through a national patent office (for applicants from member states whose national law requires such route).
The application may include up to 100 designs belonging to the same class under the Locarno Classification.
Key filing components include:
- A request for the grant of a Eurasian design patent;
- A set of high-quality images showing the design from different views (up to seven images per design);
- Optional drawings or a 3D digital model to clarify the appearance;
- Proof of payment of a single procedural fee.
The application may claim priority from an earlier filing under the Paris Convention within six months.
The EAPO conducts a formal (preliminary) examination, followed by a substantive examination assessing novelty and originality.
If all requirements are met, the application is published, allowing third parties to submit observations or oppositions within two months.
Upon successful completion of examination, the EAPO issues a Eurasian design patent, publishes it in the Official Bulletin, and enters it into the Register of Eurasian Industrial Design Patents.
5. Duration and Maintenance of Rights
A Eurasian design patent is initially valid for five years from the filing date.
It can be renewed repeatedly for additional five-year periods, up to a maximum of 25 years.
Renewals apply to all member states simultaneously, upon payment of the prescribed renewal fee to the EAPO.
The patent owner enjoys an exclusive right to use the design and to prevent third parties from manufacturing, selling, importing, or otherwise using products incorporating the protected design without consent.
Before the patent is granted, the published application provides provisional protection — enabling the applicant to claim reasonable compensation for unauthorized use occurring after publication and before grant.
6. Enforcement and Validity
Infringement and enforcement issues are governed by the national laws of each contracting state where protection is sought.
Courts in those countries apply local civil procedures, but the Eurasian patent itself serves as a uniform title of protection and evidence of ownership.
A Eurasian design patent can be challenged either:
- Through administrative revocation proceedings before the EAPO (within three years from publication of the grant), or
- Before national courts or competent bodies of member states, according to domestic legislation.
Grounds for invalidation include lack of novelty or originality, inconsistency with public morality, or the inclusion of unprotectable elements (such as state symbols or trademarks of others without consent).
7. Advantages of the Eurasian Design System
The Eurasian regional system offers numerous advantages for applicants and businesses seeking multi-jurisdictional protection:
1. Unified Procedure:
A single application and examination lead to a single design patent valid across eight countries.
2. Reduced Costs and Formalities:
One filing language (Russian), one set of fees, and one renewal procedure simplify portfolio management.
3. Legal Certainty and Consistency:
Harmonized substantive rules ensure that the design’s protection scope is identical across all member states.
4. Digitalization:
The EAPO enables electronic filing and the use of 3D models, ensuring precision and efficiency in representation.
5. Regional Integration:
The system facilitates trade and innovation across Eurasia, providing designers and manufacturers with reliable protection for the visual identity of their products.
8. The Role of Eurasian Patent Attorneys
Representation before the EAPO is carried out by registered Eurasian patent attorneys specializing in industrial designs. They are authorized to prepare and prosecute design applications, communicate with the EAPO, respond to examination reports, and handle post-grant matters such as renewals, assignments, or recordals.
Applicants without residence or principal place of business in a member state must act through such a representative. Even local applicants benefit from professional support, as experienced attorneys ensure accurate image presentation, proper classification, and strong legal protection in case of dispute.
9. Conclusion
The Eurasian system for the protection of industrial designs represents a powerful, modern instrument of regional IP integration.
It provides creators and businesses with an efficient, transparent, and cost-effective way to secure design rights across an entire region that bridges Europe and Asia.
For companies active in multiple Eurasian markets — from consumer goods to machinery, packaging, and digital products — a Eurasian design patent delivers both convenience and strategic protection of visual identity.
10. Professional Assistance
If you plan to protect your industrial design under the Eurasian Patent System or wish to understand how it complements national and international routes, I will be glad to assist you personally.
My name is Avetis Peryan, and I have 27 years of professional experience in intellectual property, including 17 years as Head of the Inventions and Industrial Designs Examination Department at the Intellectual Property Office of Armenia.
Having worked closely with the Eurasian Patent Organization and national authorities, I provide expert guidance on every stage of the process — from preparing and filing Eurasian design applications to handling formal correspondence, examination, and registration.
You can contact me directly to discuss your project and choose the optimal strategy for protecting your design in the Eurasian region.
📧 info@peryanip.am
🌐 www.peryanip.am
