Patent registration in Belarus

Patent application in Belarus

National Phase of a PCT application in Belarus

A PCT application can enter its National Phase in Belarus in 31 (thirty-one) months from its priority date.

Documents required for Registration of Belarusian Patent:

• a power of attorney ( simply signed);
• Russian translation of the description and claims;
• Initially application may be filed in English, German or French

We may print out the description, claims, drawings, ISR and IPRP from the International Digital Library. So it is sufficient just to advise us the number of a PCT application.

Please find attached our Power of Attorney form for the representation before the Belarusian Patent Office

The cost of obtaining a patent in Belarus will mainly depend on the number of independent claims in the invention (Patent Registration fees in Eurasia and Belarus)

Kindly note, that the applicant has the right to file amended claims while entering the national phase in Belarus.

Patent Law of the Republic of Belarus "On patents for inventions, utility models and industrial designs" - see here 

On December 18, 2017 the President of the Republic of Belarus signed the Law "On entering amendments and modifications into the Law of the Republic of Belarus "On patents for inventions, utility models and industrial designs".

 

The Law "On entering amendments and modifications into the Law of the Republic of Belarus "On patents for inventions, utility models and industrial designs" of December 18, 2017, in particular:

• further defines the definition of an invention, the range of subjects of an invention, as well as the list of solutions that are not admitted as patentable inventions; (methods of diagnostic, treatment and prophylactic of deceases are excluded from protection)

• extends the maximum term of validity of a utility model patent from eight to ten years;(from 8 to 10 years)

• broadens the range of entities who to have the right to obtain patents for inventions, utility models, an industrial designs;

• improves the norms defining the procedures of issuing patents for inventions, utility models, industrial designs;

• defines the order of submitting application documents for patent of invention (description, abstract and drawings (if necessary)) to be transferred for registration of an invention and for publication of the information about the invention;

• specifies the list of actions that are not admitted as a violation of a patent holder's exclusive right;

• specifies the legal mechanics of compulsory licensing;

The Law of the Republic of Belarus "On patents for inventions, utility models and industrial designs" of December 18, 2017 is supplemented with he norms regulating the relations arising in connection with the use of dependent inventions and utility models;

regulates in more detail social relations arising when an entity is recognized to have the right of prior use and posterior use;

improves the norms defining the peculiarities of civil and legal protection of exclusive rights for an invention, a utility model, an industrial design, in particular by means of including into the Patent Act of the norm on the possibility of recovering compensation instead of compensating losses.

The Law of the Republic of Belarus "On patents for inventions, utility models and industrial designs" of December 18, 2017 also provides for a mechanism for examination of an alleged utility model for compliance with the patentability criteria (he rein after - the examination) upon filing with the Board of Appeal of an objection against grant of a utility mode patent.

For reference:
An objection against a grant of a patent for a utility model should be filed together with a request for the patent search and a request for examination and a document showing payment of the examination fee. The examination will be conducted within three months from the date of receipt of the request. Based on the examination results a decision will be made which shall be one of evidences when considering the objection against grant of a utility model patent by the Board of Appeal.

Additionally, the Law  of the Republic of Belarus "On patents for inventions, utility models and industrial designs" of December 18, 2017 brings into correspondence the provisions of the Patent Act referring to documents required for fixing priority of an invention, a utility model and restoration of terms lapsed by the applicant with the provisions of the Patent Law Treaty adopted in Geneva on June 1, 2000.

The Law of December 18, 2017 will come into effect on July 7, 2018.