Patents
Postponed examination is applicable to inventions in our country, as set forth by the Law. The Applicant or any other interested party may request a substantive examination within three years from the date on which the Patent Office received the application (or from the international filing date for PCT applications).
The usual length of time involved in processing an application is about three years from the date of filing a request for substantive examination. The patent for an invention is valid for 20 years from the date on which the Patent Office received the application (or from the international filing date). The Law provides for converting the application for an invention to the application for a utility model.
A patent on the method covers the product itself obtained by this method. A new product is considered to be obtained by the patented method, if the contrary is not proved.
An utility model patent is valid for five years from the date on which the Patent Office received the application. This term may be prolonged by a maximum of three years at the request of the patent owner. The Patent Office does not examine the applied utility model with respect to patentability. The patent is granted within the applicant's responsibility; the Office performs application examination as to the form only.
The usual length of time involved in processing an application is about half a year from the date of filing the application.
The applicant has the right to convert the application (patent) for a utility model to the application for an invention within three years from the date on which the Patent Office of Belarus received the application for a utility model. At the same time, the applicant should request an examination.
A patent for an industrial design pattern is valid for ten years from the date on which the Patent Office received the application. This term may be prolonged by a maximum of five years at the request of the patent owner.
The usual length of time involved in processing an application is about one or one and half year from the date of filing the application. Presently, industrial design patterns are subject to examination as to patentability, but a draft to change the law is now available, in which industrial design patterns will be the subject to examination as to the form only. Patents will be granted within the applicant's responsibility, i.e. without examination as to patentability.
The specifications should include the purpose and scope of the application, the prior art, the essence and distinctive features (relative to the most relevant prior art) of the claimed industrial design pattern.
Requirements for filing a new national patent application:
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specification, claims and abstract
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drawings
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priority document
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power of Attorney
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information required:
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full name, domicile and address of applicant and inventor
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int. classification if available
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copy of deposit application, if application comprises a deposit of a culture of microorganism
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full name, domicile and address of applicant and inventor
Requirements for filing National entry of an International (PCT) patent application:
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name and address of an applicant
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name and address of an inventor(s)
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description, claims, abstract and drawings (if any)
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title page of an Intl. publication
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Intl. Search report and Intl. Preliminary examination report
For commencement of national phase (for PCT applications) - only title page of an Intl. publication.
Please note - the time limits for the entry into National Phase are 21 and 31 months (under PCT Articles 22(3) and 39(1) respectively).
Requirements for industrial design patent application:
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black and white design: sets of photos - general view, side-view , back - view and other reproducible in black & white, size as a rule 18x24 ( or 13x18, 9x12), colour design: sets of black & white photos + one colour photo, number of general views = number of creators + 6; number of other views (and prototype) - 2
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power of Attorney
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certified priority document
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information required:
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full name and address of applicant and creator
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statement of the type of design and international classes
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statement of novelty of design
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full name and address of applicant and creator
The methods resulting in creation and use of selection products are regulated in Belarus by the Plant Patent Law. A plant patent is valid for 25 years from the date of entering the plant into the Plant Register.