How to File an International Application

A resident or a national of the Republic of Belarus, as well as a legal entity located on the territory of the Republic of Belarus may file an international application under the Patent Cooperation Treaty (PCT) with the National Center of Intellectual Property (hereinafter – NCIP). If there are several applicants, one of them must comply with mentioned conditions.

International applications may be filed directly with NCIP as a Receiving Office, be posted or sent by facsimile upon condition that the original copy of the application sent by facsimile will be transferred to NCIP within 1 month from the filing date.

Two copies of an international application are filed with NCIP as a Receiving Office.

Application forms (form PCT / RO / 101) of the international application and requirements for international preliminary examination (form PCT / IPEA / 401).

International applications may be filed with NCIP as a Receiving Office in Russian or in English.

If an applicant chooses the European Patent Office as an International Searching Authority, the application must be filed in English which is accepted both by NCIP and the European Patent Office. If in this case an international application is still filed in Russian, NCIP will propose to the applicant to file the translation of the application into English for the European Patent Office. Since the Federal Institute of Industrial Property of Russia acts both in Russian and in English, if it is chosen as an International Searching Authority an international application may be filed with NCIP in any of these two languages.

Anyway an application may be filed with NCIP in Russian or in English at the applicant’s choice.

If an international application is filed with NCIP in a language different from the accepted languages by NCIP, but accepted by the International Bureau of WIPO as a Receiving Office, NCIP will forward it to the International Bureau upon condition of the payment of the forwarding fee and the international filing date of the international application will be the date of its filing with NCIP.

Nationals and residents of the Republic of Belarus may choose the Federal Institute of Industrial Property of Russia or the European Patent Office for carrying out international search and international preliminary examination.

Fees paid for submission of the international application

- a fee for sending application documents
- an international fee for submission
- a fee for international search

The aforementioned fee payment on the applicant’s behalf should be processed in accordance with the Rules 14(с), 15.3 and 16(f) of the PCT Instruction during one month after the international application will have been received by the NCIP as the Receiving Office.

The rate of patent fees fixed for payment upon submission of the international application are (as of March 1, 2023):

¹ The amount of this fee is reduced to 90%, provided an applicant or all applicants are individuals.

² Applicants are free to choose the Federal Institute of Industrial Property of the Russian Federation (ISA/RU) or the European Patent Office (ISA/EP).

There is more detailed information about types and fees rates for PCT-based patenting in a Fee Register on the WIPO web-site.

Fees payment procedure is as follows.

The sending fee is paid to the NCIP, the international fee is paid to the International Bureau and the international search fee is paid to the relevant International searching authority (ISA).

The sending fee for application documents of the international application is paid to the NCIP in Belarusian roubles.

Bank details:
Joint Stock Company «Savings Bank «Belarusbank», Minsk, bank code AKBBBY2X
GCEOR (General Classifier of Enterprises and Organizations) 00040175, 
Tax account number 190310695. 
Account details for fees payment:
№ BY04AKBB36039000000820000000 (in Belarusian roubles)

After the NCIP joining in on June1st, 2022 as the Receiving office the service of PCT fees transfer according to Annex G of the Administrative instruction 21 the applicant or his representative pay the search fees to the International Bureau. The latter in turn will transfer these funds to the corresponding ISA in a set currency at a fixed rate. The applicants or their representatives can transfer the fee for submitting the international application and search fee as a single payment to the International Bureau.

In accordance with the service of PCT fees transfer the applicant or his representative can:

1) continue paying the fee for submitting the international application to the International Bureau in USD and pay the international search fee separately to the IB in currency currently paid to each of these ISA. There should be an indication of the fee type paid in the bank transfer description document and with regard to the search fee – the ISA where the payment should be transferred.

2) make a single payment for submitting the international application as well as fees for international search either in USD or EUR at fixed rates published in the monthly PCT information bulletin. Under these circumstances the bank transfer description document should list the fees paid and indicate the ISA where the payment should be transferred.

The applicant or his representative should pay the search fee and the fee for submitting the international application via the following IB bank account:

Documents of payment confirmation for every fee should be presented to the NCIP as to the Receiving office (RO/BY).