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 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.
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.
Republic of Belarus Patent Law
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" (hereinafter - the Law of December 18, 2017).
The Law 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 16, 2002 is supplemented with
the 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 December 18, 2017 also provides for a mechanism for examination of an
alleged utility model for compliance with the patentability criteria (hereinafter
- 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 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 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. |
