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.
Can the invention’s right of authorship be transferred?
The inventor holds the invention right of authorship, i.e. the right to be legally recognized as the person who made the invention by his or her own creative work. Right of authorship cannot be alienated or transferred. Waiver of author's rights is void. Right of authorship is protected indefinitely.
What is the process for validating a Eurasian patent in the respective countries?
One of the convenient features of the Eurasian patent system is the absence of a separate validation procedure. The patent holder chooses the countries in which the patent should be valid simply by paying the requisite annuities. The annuities are paid to the Eurasian Patent Office, and the patent is automatically valid in all the countries for which the payments have been effected.
And even if a patent is declared invalid in some countries due to non-payment of the annuities, it can be reinstated in any of the countries within three years.
Can inequitable conduct be a valid defense argument in a patent infringement case in Russia?
Patent infringement litigation and invalidation proceedings in Russia are totally bifurcated and therefore, if an infringement action is initiated, invalidity arguments are not considered in the proceedings and cannot be asserted as a defense in patent infringement cases.
Moreover, currently the courts do not normally suspend infringement litigation if an invalidation action is filed with the RUPTO after the infringement suit has been brought.
As to invalidation proceedings, there is no such grounds for invalidity as inequitable conduct. The applicant does not face any repercussions in terms of patent validity for not disclosing any information known to them that would contradict patentability of the invention.
Do foreign applicants need a Russian or Eurasian attorney?
It is mandatory according to Russian legislation that foreign applicants be represented before Rospatent (RUPTO) by a Russian patent attorney who is listed in the Russian Register of Patent Attorneys.
Similarly, for prosecution of a Eurasian patent application, applicants having no residence or principal place of business in the territory of any State party to the Eurasian Convention are required to be represented by a registered Eurasian patent attorney.
To be successfully guided through the intricacies of national and regional regulation and to ensure the widest possible scope of protection, it is important for the applicant to retain an experienced patent attorney skilled in the specific technical field.
Can Russian inventors file patent applications in foreign PTOs to receive patents for their inventions in foreign countries?
Patent applications for inventions created in the Russian Federation can be filed in a foreign country (to an international patent organization) upon expiration of six months from the date of filing the respective application with the RUPTO, provided that within the indicated term the applicant is not notified of the fact that the application contains state secret data. Application for invention or utility model can be filed before the expiration of the above mentioned six month period in case the clearance for state secret data has been performed at the applicant's request.
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