Patenting in Belarus
Patents for inventions. How to apply?
The legal protection is granted to an invention in any field of technology, if it relates to a product or a method, appears as novel, involves an inventive step and is industrially applicable. A product implies an object of human labour. A method denotes a procedure, an approach or a technique of execution of interrelated operations over an object (objects) as well as application of a procedure, an approach, a method or a product for a particular purpose.
The term of an invention patent is 20 years from the filing date. At the request of the patent holder the patent for inventions relating to medicines, pesticides or agrochemicals may be extended for no longer than 5 years. Details (reference to the paragraph 3 of the Article 1 of the Chapter 1 of the Law of the Republic of Belarus No. 160-Z “On Patents for Inventions, Utility Models and Industrial Designs” from December 6, 2002)
An application for a patent of the Republic of Belarus for invention is filed with the National Center of Intellectual Property.
An application for invention must concern one or a group of inventions interrelated in a manner to form a single conception of invention.
An application must contain:
- a request for a patent for invention;
- the description of the invention disclosing it fully enough for its realization. The description begins with the title of the invention indicated in the request and the heading index of the valid version of the International Patent Classification;
- a patent claim (claims) defining the invention and based entirely on the description;
- drawings if they are necessary for realization of the invention;
- an abstract.
An application is accompanied with the following documents:
- an acknowledgment of payment of the patent fee or patent fee relief, or an acknowledgment of partial payment together with the confirmation of the grounds for fee reduction;
- a power of attorney if it is filed with a patent attorney;
- an attested copy of the first application if the filing is made according to the Paris Convention for the Protection of Industrial Property (Convention application).
The application materials must be drawn up in compliance with the following normative legal acts:
- the Law of the Republic of Belarus “On Patents for Inventions, Utility Models and Industrial Designs”;
- the Regulations on the Provision on Application Drafting Procedure for Invention Patents, Examination and Decision Making Thereof (approved by Regulation of the Council of Ministers of the Republic of Belarus on February 2, 2011 No 119);
- the Resolution of the State Committee on Science and Technologies of the Republic of Belarus of June 5, 2018 No. 16 “On Establishment of Forms of Documents for Invention Patents”.
You can get advice on drafting an application:
- at consulting points of the Training Center of Intellectual Property;
- with patent attorneys of the Republic of Belarus.