Patenting in Belarus
Utility model patent. How to apply?
A technical solution that relates to devices and is new and industrially applicable is considered as a utility model which is granted the legal protection. Constructions and items, notably constructive realization of means of production and commodities as well as their elements, are reckoned among devices as utility model objects.
An application for a patent of the Republic of Belarus for utility model is filed with the National Center of Intellectual Property.
An application for utility model must concern one or a group of utility models interrelated in a manner to form a single conception (requirement of unity).
An application has to contain:
- a request for the grant of a patent, the author (coauthors) of a utility model, a person (persons) in favor of whom a patent is sought and their place of residence or place of business being indicated;
- the description of the utility model disclosing it fully enough for its realization;
- a patent claim (claims) defining the utility model and based entirely on the description;
- drawings if they are necessary for realization of the utility model;
- 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.
Verification of compliance of the claimed utility model with conditions of patentability is not carried out during examination.
It is possible to convert an application for utility model into an application for invention before the date of the receipt by the applicant of the decision on patent grant or before the expiration of the term of appeal in the case of rendering of the decision on refusal of patent.
The utility model patent is valid during 5 years from the date of filing of the application. At the request of the patent holder patent validity can be extended for no longer than 5 years.
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 Utility Model Patents, Examination and Decision Making Thereof; Resolution of the State Committee on Science and Technology of the Republic of Belarus of July 5, 2018 No 17 “On Establishment of Forms of Documents for Utility Model 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.