Belarus participates in all major international IP conventions/agreements. Accordingly, patenting in Belarus is consistent with generally accepted international practices.
Belarus’ participation in the Eurasian Patent Convention makes it especially convenient to obtain patent protection in Belarus for applicants who simultaneously envisage patenting in some of the other seven post-Soviet countries that are members of the Convention. Entering the Eurasian PCT regional phase remains the most widely used way of obtaining patent protection in Belarus for international players. Many applicants file Eurasian applications claiming conventional priorities from earlier applications. The Eurasian patent system provides a cost-effective and hassle-free way of obtaining protection in several countries, including Belarus.
However, for those applicants who
a good option is to file an application directly with the Belarussian PTO – the National Center for Intellectual Property (Belgospatent). For applicants wanting to obtain IP protection for mechanical devices, the best solution might be to apply for a utility model patent, an option that is not available in the Eurasian Patent System.
An applicant seeking a Belorussian patent can also claim priority under the Paris Convention or enter the PCT national phase. A utility model patent (instead of an invention patent) can be requested by the applicant when entering the PCT national stage.
Prosecution is conducted in the Belorussian or Russian language. NB! Availability of prosecution in the Russian language helps to avoid extra costs related to translation into the national language in case there is at least one parallel case in another jurisdiction where the Russian language is used: Russia, Kazakhstan, or Uzbekistan.
BELORUSSIAN INVENTION PATENT
Patentable subject matter
A product (in particular, a device, a substance, or a biotech product) or a method, including but not limited to the use thereof for a specified purpose can be protected as an invention in Belarus.
An invention must be novel, inventive and industrially applicable to satisfy the patentability criteria. Absolute novelty is checked for Belorussian patent applications. However, Belarus patent legislation provides for a 12-month grace period from the first disclosure made by the applicant, or with the applicant’s consent before the filing date.
Discoveries, scientific theories and mathematical methods; product appearance only to satisfy aesthetic demands; plans, rules and methods for intellectual, gaming, and business activities, including algorithms and computer programs, are not recognized as inventions in Belarus.
Protection cannot be obtained for anti-social, immoral and antihuman inventions.
Belarus patent examination consists of preliminary (takes 3 months from the filing date) and substantive examinations (to be requested within 3 years from the filing date). Prosecution of a Belorussian patent application takes on average 1.5 - 4 years, depending on the complexity of the examination.
The patent term is 20 years, with an additional 5 years claimable for inventions on medical or agrochemical products and pesticides.
The costs of obtaining a Belorussian patent depend on the volume of the application materials, on the number of independent claims, the total number of claims and the number of priorities claimed. Please provide us with the application particulars so we can calculate the filing costs.
Deadlines for filing patent application in Belarus are:
Belorussian non-resident applicants must be represented by local agents who are registered patent attorneys. Powers of attorneys must be submitted in original within 2 months of filing the patent application with Belgospatent.
Patent filling requirements in Belarus:
Publication of information about a BY patent application takes 18 moths from the filing date or from the priority date, if claimed. Publication of a BY patent application provides provisional legal protection, which allows the claiming of damages for the illegal use of the invention after the patent is granted.
A BELORUSSIAN UTILITY MODEL PATENT protects mechanical devices that are novel and industrially applicable. The patent prosecution takes on average 1 to 2 years. The five-year patent validity term is calculated from the filing date; an additional 5 years of legal protection can be obtained upon request, provided that the official fees have been paid.
Sojuzpatent will help you to file your patent applications with the Belorussian Patent Office in any technical field with assistance of reliable local agents and will help you professionally through each step of the examination and granting. Our attorneys will take on all the substantive issues in every field of art, our state-of-the-art docketing system will help to keep track of the due dates, and our trusted agents will ensure that all the formalities within the Patent Office are fulfilled. We also provide after-grant guidance on annuities, licenses, assignments, recordation of changes, legal enforcement, litigation, negotiations, mediation, and dispute resolution.
Is it possible in the Russian and Eurasian Systems to file a divisional application with the same claim set as the claim set of the original application and then to amend the claims during prosecution?
The Eurasian Patent office does not allow the claims of a divisional Eurasian application to contain inventions identical to the inventions claimed in the parent Eurasian application (unless the divisional application is filed in response to a non-unity objection).
The RUPTO, on the contrary, allows the applicant to initially file a divisional application with the claims identical to those contained in the parent Russian application. The claims can be amended later on during the processing of the application.
This opportunity may be used by an applicant unsure about the scope of claims, but pressed by the deadline. At the same time, the applicant should note that the official fees for the examination will be charged based on the total number of independent claims.
Are software methods patentable in Russia?
Computer programs (software) are not considered inventions per se, but a software algorithm may under certain conditions be patented in the form of a method (method of processing, transmitting, converting data, etc.). Under Russian legislation, a patentable method consists in carrying out actions over material objects with the help of material means. An application for the grant of an invention patent may relate to an algorithm of a computer program described in the form of a sequence of actions on signals (material objects) providing a technical result achieved by means of a computer device (material means). In such cases, there are grounds for recognizing the claimed object as a technical solution having a technical result.
Unlike Russian or Eurasian patent rules (under which a divisional application can be filed before the patent registration or before the lapse of the period allowed for challenging the refusal decision), Ukrainian legislation allows filing a divisional application only before the decision on the initial application is issued (decision of grant or refusal). This limitation is often a stumbling point for applicants familiar with Russian and Eurasian patent regulations.
Do Russian and Eurasian patent procedures include a provision for deferred examination?
Patent examination in Rospatent can be initiated within 36 months from the date of filing the patent application (for PCT national phase applications – from the international filing date).
In EAPO, the examination request can be filed within 6 months starting from the publication of the application (the publication takes place in 18 months calculated from the filing of the application or from the priority date if a priority has been claimed); however, this deferral does not apply to Eurasian PCT regional phase applications for which the examination request should be filed simultaneously with filing the patent application.
Do I have to request a foreign filing license in Russia?
Although a foreign filing license as a separate notion does not exist, all inventions and utility models created in the territory of the Russian Federation should be first filed in Russia and are subject to a six-month security check before going foreign (6 months from the filing date). The applicant may request to reduce this term, but nevertheless, such a reduction is at the discretion of the authorities.
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