OPPOSITIONS AND APPEALS

See Table 1 for information on the oppositions and appeals received over the past five years.

In 2021, the Eurasian Patent Office examined twelve oppositions and appeals, including three oppositions to granted Eurasian patents filed under the administrative revocation procedure, four appeals against the refusal to grant Eurasian patents, and five appeals against the refusal to grant term extensions to Eurasian patents. Four subsequent appeals were also examined: one appeal in opposition filed under the administrative revocation procedure, two appeals against the first instance decisions on appealed refusals to grant term extensions to Eurasian patents, and one appeal against the first instance decision on an appealed refusal to grant a Eurasian patent.

See Table 2 for information on the results of the examination of oppositions under the administrative revocation procedure (on the basis of decisions that have entered into force) for the last five years (from 2017 to 2021).

The general trend of recent years reflecting a low number of oppositions under the administrative revocation procedure received by the Eurasian Patent Office, was maintained in 2021 (0.12 per cent of the total number of Eurasian patents granted per year).

See Table 3 for information on the results of the examination of appeals filed in accordance with Rule 48 of the Patent Regulations under the Eurasian Patent Convention (based on decisions that have entered into force) over the past five years (from 2017 to 2021).

As reported in Table 3, the majority of appeals against examination decisions are satisfied. In this, the largest number of satisfied appeals were those against decisions of refusal to grant Eurasian patent term extensions, which generally indicates the effectiveness of applicants’ and patent owners’ use of the mechanism provided for in Rule 48 of the Patent Regulations under the Eurasian Patent Convention.

In addition, there was a significant increase in 2021 in the activity of applicants in exercising their right to challenge expert decisions on the refusal to grant a Eurasian patent. Statistical data for the last five years are presented in Table 4.