News from Abroad: Eurasian Patent Office Launches Its Pharmaceutical Register

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McDonnell Boehnen Hulbert & Berghoff LLP

[author: Vladislav Ugryumov*]

On March 1, 2021, the Eurasian Patent Office (EAPO) launched the EAPO Pharmaceutical Register (the 'Register'). The Register lists Eurasian patents that relate to the active pharmaceutical ingredients of the drugs according to their International Non-proprietary Names (INN). The Register resides on the EAPO web site. It is currently available in Russian and the English version is expected soon.

The Register does not implement a patent linkage system that would prevent a generic drug from getting Marketing Authorization before expiry of the originator's patents. The Register was launched to facilitate locating Eurasian pharmaceutical patents that have issued, their status in each of the EAPO Contracting States, patent term extensions if granted and registered licenses. The Register covers compound patents including small and large molecules, as well as formulation patents including pharmaceutical composition and combination patents, second medical use patents in the Swiss or German type formats (but not method of treatment claims), and manufacturing process patents.

The Register also includes information on Marketing Authorizations granted in the EAPO Contracting States with the originator's brand name.

The Register is inclusive of about 170 INNs covered by Eurasian patents. It was prepared by the EAPO without input from patentees. However, patentees can file a request with the EAPO by filling out the form available at the EAPO web site with a view to including on the Register any Eurasian patents that are missing. Once the EAPO verifies that the mentioned patents cover the drug, they will be added to the Register.

* Mr. Ugryumov is a partner with Gowling WLG

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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