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ARTICLE · 18 FEBRUARY 2020

Unity Of Invention Requirements: Russia Versus Eurasia

Gowling WLG
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Gowling WLG

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According to Russian and Eurasian patent regulations, an application must relate to one invention or a group of inventions. In the latter case, all of the inventions in the group must be linked..

GlobalIntellectual Property

According to Russian and Eurasian patent regulations, an application must relate to one invention or a group of inventions. In the latter case, all of the inventions in the group must be linked so as to form a single general inventive concept, which meets the unity of invention requirement. However, there are differences between the Russia Patent and Trademark Office (Rospatent) and the Eurasian Patent Organisation’s rules for determining whether claims meet this requirement.

Whether a set of claims fulfils the requirement of unity of invention is based on its contents, with special attention paid to independent claims. If one independent claim comprises alternatives, an assessment also must be carried out.

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