Annual Technical Report on Industrial Design Information Activities in 2023 submitted by the Eurasian Patent Office (EAPO)

I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN INDUSTRIAL DESIGN INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE

Development of industrial design information activities is addressed as part of the following strategic documents: EAPO Development Program for 2023–2028 (Section 3, “Digitalization of Eurasian Patent Office.”), The EAPO Digitalization Concept until 2030, Comprehensive plan for interaction on information technology issues with the national IP offices of the EAPO Member States for 2023–2028.

The area of industrial design information will also be significantly boosted by the creation of the Integrated Information System (IIS) of the EAPO, which should replace most of the digital tools currently engaged in the processing of industrial design data. Among the expected outcomes it is planned to adopt industrial design data extraction in accordance with WIPO Standards ST.96 and ST.87.

In 2023, in accordance with the development of the Eurasian procedure for patenting industrial designs, the development of the set of automated information systems of the EAPO continued. This set of tools provides electronic environment for filing, registration, examination of industrial design applications, granting of Eurasian industrial design patents, registration of changes in legal status and publication of applications and patents.

The EAPO information systems reflected all the innovations within the framework of the Eurasian system of legal protection of industrial designs; further automation and scaling at certain stages of the procedure was ensured.

In the digitalization of the procedure for patenting industrial designs in the Eurasian Patent Office, a set of activities was carried out in the reporting year to transfer all processes of preparing for the publication of information on industrial designs (applications, patents, and notifications) to HIVE publication data processing system. Previously, the HIVE system was used only to prepare for the publication information on inventions. The use of this system for two types of industrial property subject matters allows to unify multiple information processing operations and to apply to industrial designs the Eurasian Patent Office techniques and best practices used for publications in the field of inventions.

With a view to revamp the existing information systems and to ensure the further digitalization of the office as a whole, the creation and rollout of the Eurasian Patent Organization’s Integrated Information System continued in 2023.

The first stage of the project was completed in the year under review. It included the creation of the new official EAPO website, the upgrading of the Automated General Workflow Management System (AGWMS), and the development of a detailed plan for the second stage of activities. All of these project objectives were successfully completed. The first stage of the project laid the foundations for the introduction of fully revamped services of the EAPO website, which is planned for 2024. The IIS project provides for the phased introduction of the new system by the end of 2025.

II. SERVICES AND ACTIVITIES RELATED TO INDUSTRIAL DESIGN INFORMATION CARRIED OUT BY THE OFFICE

In 2023, the Eurasian Patent Office received 369 Eurasian applications for 860 industrial designs. In 2022, 233 applications for 639 industrial designs were received. In 2023, the list of items for which Eurasian design applications were filed expanded to 28 classes of the International Classification of Industrial Designs (ICID).

The majority of industrial design applications were filed in respect of the following classes of ICID:

Class 9 (“Packages and containers for the transport or handling of goods”);

Class 12 (“Means of transport or hoisting”);

Class 6 (“Furnishing”);

Class 25 (“Building units and construction elements”);

Class 11 (“Articles of adornment”).

In 2023 the Eurasian Patent Office granted 313 patents for 681 industrial designs. In 2022, 148 Eurasian patents for 418 industrial designs were granted.

In 2023, the EAPO examiners used the 14th edition of the International Classification for Industrial Designs (ICID), which entered into force on January 1, 2023.

Legal information on industrial designs: selected normative acts (in English):

https://www.eapo.org/en/?documents=designs

Annual Report of the Eurasian Patent Office:

https://www.eapo.org/wp-content/themes/eapv-theme/reports/report2023/index_en.php

Documents related to the filing of Eurasian industrial design applications and regulating other aspects of the patent procedure are available at www.eapo.org / section “Documents” / subsection “Legal Protection of Industrial Designs” (in Russian only, unless otherwise stated):

1) Patent Regulations under the Eurasian Patent Convention. Part II. Industrial Designs (translation into English is available);

2) Statute on Fees of the Eurasian Patent Organization for Legally Significant and Other Actions Performed in Relation to Applications for the Grant of Eurasian Industrial Design Patents and Eurasian Industrial Design Patents (translation into English is available);

3) Rules and Requirements Related to the Application for the Grant of a Eurasian Industrial Design Patent;

4) Procedure for Completing the Request Form for the Grant of a Eurasian Industrial Design Patent;

5) Procedure for Completing Web Forms for Filing Eurasian Industrial Design Applications;

6) Procedure for Granting Eurasian Industrial Design Patents;

7) Procedure for Maintenance of the Register of Eurasian Industrial Design Patents;

8) Procedure for Preliminary Examination of an Application for Eurasian Industrial Design Patent;

9) Procedure for Substantive Examination of an Application for Eurasian Industrial Design Patent;

10) Guidelines for the Drafting, Filing and Examination of an Application for Eurasian Industrial Design Patent.

III. SOURCES OF INDUSTRIAL DESIGN INFORMATION PROVIDED BY THE OFFICE

Informing of third parties and the general public about submitted for registration and registered industrial designs is one of the key principles of the Eurasian system of legal protection of industrial designs. Mandatory publication of both lodged and registered industrial designs is provided for by the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention of September 9, 1994, adopted on September 9, 2019 (hereinafter referred to as the Protocol). On the website of the Eurasian Patent Office (EAPO) www.eapo.org free access is granted to:

- EAPO Gazette "Industrial Designs (Eurasian Applications and Eurasian Patents)", available under section "Applications and Patents" of the website;

- Eurasian Publication Server, section "Information resources" of the website;

- Published industrial design applications under section "Applications and Patents". This information source allows to browse all published Eurasian applications with the main image of the product and, if necessary, proceed to the details of the particular application. Also, in the case of registration of an industrial design (or several industrial designs), the status of the application changes in the Index, namely, the number of the Eurasian patent is displayed in addition to the number of the Eurasian application.

Main types of publications in the field of industrial design information

Official Gazette

EAPO Gazette "Industrial Designs (Eurasian Applications and Eurasian Patents)" is published monthly online at EAPO website at https://www.eapo.org/ru/?publs=desbull. At the same time, the actual publication of industrial designs in the Gazette is carried out instantly (on the daily basis), i.e. industrial design information ready for publication is placed in the corresponding online Gazette on the day when its technical preparation is actually finished.

The EAPO Gazette main sections:

BZ1L – Eurasian industrial design applications (publication of applications);

FG4L – Eurasian industrial design patents (publication of patents);

PB4L – Eurasian industrial design patents, from which certain industrial designs were excluded as a result of the transfer of the exclusive right to industrial designs under an agreement;

TH4L – Republication of Eurasian industrial design patents (correction or amendment of images of an industrial design in a Eurasian patent);

TZ4L – Republication of Eurasian industrial design patents (amendment in the title page);

The following announcements are published in the EAPO Gazette:

Announcements related to Eurasian industrial design applications:

FA9L – Withdrawal of a Eurasian industrial design application

FC9L – Refusal to grant Eurasian industrial design patent

HC1L – Change in name of an applicant in a Eurasian industrial design application

HK9L – Corrections to EAPO Gazette “Industrial Designs” related to published Eurasian industrial design applications

HM1L – Change in composition of creators in Eurasian industrial design application

TH1L – Correction or amendment in the Eurasian industrial design application (change of images)

NF9L – Restoration of right in respect of a Eurasian industrial design application

PC1L – Registration of transfer of right to a Eurasian industrial design application under a contract

PD1L – Registration of transfer of right to a Eurasian industrial design application by succession in title

PB1L – Registration of transfer of right to a Eurasian industrial design application in respect of certain industrial designs under a contract

Announcements related to Eurasian industrial design patents:

LC4L – Eurasian industrial design patents for which, pursuant to Rule 116(5) of Patent Regulations, decision of partial grant of opposition was made

LD4L – Eurasian industrial design patents for which a decision of limitation was made on the basis of request filed pursuant to Rule 118(2) of Patent Regulations

MA4L – Revocation of a Eurasian industrial design patent at the proprietor’s request

MC4L – Revocation of a Eurasian industrial design patent in full under administrative opposition procedure

MD4L – Opposition filed to granted Eurasian industrial design patent

MF4L – Designated states decision on revocation of a Eurasian industrial design patent in full

MH4L - Designated states decision on revocation of a Eurasian industrial design patent in part

MK4L – Eurasian industrial design patents expired after termination of the term of validity

ND4L – Extension of term of validity of a Eurasian industrial design patent

NG4L – Rejection of opposition to granted Eurasian patent

NZ4L – Discontinuation of processing of opposition to granted Eurasian patent

PB4L – Registration of the transfer of the exclusive right to certain industrial designs in a Eurasian industrial design patent under a contract

PC4L – Registration of transfer of the exclusive right to all industrial designs in a Eurasian patent under a contract

PD4L – Registration of transfer of right to a Eurasian industrial design patent by succession in title

RE4L – Registration of pledge of right to an industrial design

QB4L – Registration of license agreement / sublicense agreement / other agreement in a Contracting State

QZ4L – Amendments and supplements in a license agreement / sublicense agreement / other agreement in a Contracting State

QC4L – Termination of a license agreement / sublicense agreement / other agreement in a Contracting State

QM4L – Decision on invalidation of a license agreement / sublicense agreement / other agreement in a Contracting State

RH4L – Grant of a duplicate of an industrial design protection certificate

RL4L – Decision of a court or other competent authority in respect of Eurasian industrial design patent

RB4L – Cancellation of registration of transfer of the exclusive right to an industrial design

RF4L – Cancellation of registration of pledge of the exclusive right to an industrial design

TB4L – Change in the composition of creators in a published Eurasian industrial design patent

TC4L – Change in name of a patent proprietor in a Eurasian industrial design patent (without change in its legal status)

TK4L – Corrections to EAPO Gazette “Industrial Designs” related to published Eurasian industrial design patents

TH4L – Republication of Eurasian industrial design patents (corrections or amendments of the images of industrial design in a Eurasian patent)

TZ4L – Correction or amendment in a Eurasian industrial design patent (front page)

EAPO Gazette contains all official information about changes in the legal and procedural status of Eurasian industrial design applications and patents. Similar information about changes in the legal and procedural status of Eurasian applications and patents is available at the Eurasian publication server, which provides users with extensive search capabilities, including search in announcements. The legal status of Eurasian industrial design patents is also indicated in the Register of Eurasian industrial design patents.

IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO INDUSTRIAL DESIGN INFORMATION CARRIED OUT BY THE OFFICE

The Eurasian regional system of legal protection of industrial designs supports application filing and the registration procedure administration in electronic form. Eurasian applications are submitted electronically through the EAPO-ONLINE system. This tool allows to:

1) establish the date of receipt of the application;

2) view the current procedural status of the application;

3) receive notifications about the receipt of new correspondence from the EAPO (in case the Agreement on the receipt of correspondence from the EAPO in electronic form is concluded).

The EAPO uses SOPRANO procedure automation tool for industrial designs, linked with ePHOENIX/MADRAS electronic dossiers system.

All documents related to each particular industrial design application are available to EAPO examiners in ePHOENIX electronic dossier system. Applicants have access to the same set of documents related to their applications in the relevant personal accounts of EAPO-ONLINE tool.

SAP Crystal Reports is used to generate statistical data.

When claiming priority for a Eurasian industrial design application on the basis of a previous application available in the WIPO DAS digital library, the applicant may submit to EAPO a WIPO DAS access code for this application instead of providing a certified copy of the application on paper. In addition, EAPO acts in WIPO DAS as a depositing office, placing Eurasian industrial design applications in this digital library based on the applicants' requests.

According to the Part II of the Patent Regulations under the Eurasian Patent Convention, at the examination stage, the compliance with appropriate patentability criterion of each industrial design in the Eurasian application, in respect of which the Eurasian Office has received a notice of opposition on the grounds of novelty or originality, is verified, limited to information contained in the opposition.

If necessary, examiners of the office use free internet resources of information about industrial designs. The examiners also use, if necessary, information from the open registers of trademarks of the States Party to the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention, available in Russian, as well as information from the WIPO’s Madrid Monitor.

General software used to  support business procedures within the Office:

No        Software

1          Crystal Reports
2          IBM DB2
3          IBM Http server
4          JIRA
5          1C
6          Microsoft Exchange Server
7          Microsoft SQL Server
8          Windows Server
9          Linux OS

Hardware used to supporting business processes of the Office:

Servers similar to HP, Dell, ORACLE, Cisco, Lenovo from 100 to 200 pcs.

V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF INDUSTRIAL DESIGN INFORMATION

Access to Eurasian industrial design information and the use of this information is invariably included in the topics of EAPO speakers when delivering presentations as part of the promotion activity of the new Eurasian system of legal protection of industrial designs.

In 2023, the office held the following events for a wide audience in order to raise awareness of the Eurasian system of legal protection of industrial designs. Detailed information about the events is available at www.eapo.org, "News and Press Releases" section.

On February 17, 2023, the EAPO took part in the International Exhibition of Light Industry Fashion Style Russia. Fashion designers and clothing and accessories manufacturers were informed about the specifics of the Eurasian system for industrial design patenting.

On April 26, 2023, the EAPO presented relevant amendments to the Patent Regulations concerning industrial designs for Eurasian patent attorneys.

On May 30, 2023, the EAPO in cooperation with the Russian State Academy of Intellectual Property held a seminar "Filing an application for a Eurasian industrial design patent" (online).

On September 22, 2023, the EAPO examiner took part in the WIPO Summer School in Kazakhstan (Almaty) and made a report titled "Industrial design as an IP object. Specifics of patenting an industrial design in the Eurasian space" (in-person).

On October 20, 2023, the EAPO and the National Patent Office of the Republic of Kazakhstan held a seminar titled "Legal Protection of Designs. Development of Systems for Legal Protection of Industrial Designs in the Eurasian Region" (in-person, online).

On December 2023, the EAPO in cooperation with the Russian State Academy of Intellectual Property held an online seminar on patenting of industrial designs within the Eurasian Patent Organization. Examiners from the EAPO, national patent offices of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation highlighted the specifics of the national systems for industrial design patenting during the seminar.

VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF INDUSTRIAL DESIGN INFORMATION

EAPO took part in the meeting of the Coordination Committee of CISPATENT project (regional patent database covering information on inventions protected in Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan). The initiative was launched to expand coverage of CISPATENT data and include industrial design information.