Fees For Patent in Belarus
Fees associated with filing patent applications in Belarus, as well as other patent charges, are available in the fee calculator.
The term for filing a Belarusian patent application
The deadline for filing a patent application to grant a patent in Belarus claiming priority is 12 months from the priority date. This term may be extended within two months from the missed deadline.
Patent filing requirements in Belarus
The official languages of the Belarusian patent application are Belarusian and Russian. If the patent application is filed in any other language, the translation into Belarusian or Russian should be provided to the Belarusian Patent Office within two months from the date of filing.
To obtain the filing date, it is necessary to provide the Patent Office with:
– a request to grant a patent;
– description of the invention;
– drawings, if there are references in the description.
A certified copy of the Priority Document should be submitted to the Belarusian Patent Office within 16 months from the priority date.
The original Power of Attorney must be submitted to the Belarusian Patent Office within 2 months from the filing date. Legalization or notarisation of the POA is not required.
Analysis of a patent application in Belarus
Formal and substantive examinations are conducted in respect of patent applications in Belarus. A request to conduct a substantive examination must be filed within three years from filing the patent application. The restoration of this term is not stipulated.
Novelty grace period of invention
Disclosure of the information about the invention shall not disprove its novelty if it was made by the inventor or the applicant or a third party that obtained said information directly or indirectly from them and if said disclosure occurred within 12 months before filing the patent application with the Belarus Patent Office.
Grant, validity term, and maintenance fees of the patent application
The official fee for grant of a patent should be paid within three months from the date of receipt of the decision to grant a patent. The first post-grant annuities starting from the 3rd year until the year when the grant decision is issued must be paid within this term as well. All next annuities are paid before the beginning of the next year of validity. Late payment of annuities is possible within a six-month grace period with a 50% surcharge. The maximum validity period constitutes 20 years from the filing date.
Duration of the patent registration procedure in Belarus
If the prosecution process goes smoothly, it takes approximately 3 years to obtain a patent in Belarus.
Utility Model Patent in Belarus
In Belarus, it is possible to protect an invention as a utility model. The validity term of a utility model is 5 years from the filing date and may be extended for 5 additional years. The average time from filing up to grant of a utility model patent in Belarus is 1-2 years. Utility models should be new and industrially applicable.
Representation by a Belarusian patent attorney
Foreigners must perform a patent prosecution in Belarus through an agent, a registered Belarusian patent attorney.
Notes
1. Online Search Databases: Belarusian Patents, Belarusian Utility Models, Eurasian Patents (EAPO).
2. Patent protection in Belarus may also be obtained via Eurasian Patent.
If you have any queries related to the Patent Filing in Belarus, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.
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