The Intellectual Property Rights Office of Belarus is known as the National Centre of Intellectual Property.
INTERNATIONAL TREATIES TO WHICH BELARUS IS SIGNATORY
Paris Convention for the protection of Industrial Property
Patent Co-operation Treaty PCT.
Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS.
Eurasian Patent Convention.
Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
PATENT LEGISLATION IN BELARUS
Patents in Belarus can be granted by: – The Eurasian Patents Office – EAPO
BASICS REGARDING PATENTABILITY OF INVENTIONS IN BELARUS
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
Are New or Novel
Involve an inventive step
Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered “obvious” when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”
FILING REQUIREMENTS OF PATENTS IN BELARUS
(i). A formal request for the grant of a patent of invention.
(ii). The name and address or head office of the applicant or his representative
(iii). Short adequate Title of the Invention to be patented.
(iv). Summary of the invention and Priority data if any.
(v). Description of the invention along with drawings if any.
(vi). Claims along with Abstract.
(vii). Drawings necessary to understand the invention.
(IX). Priority Data if any.
EXAMINATION OF THE PATENT APPLICATION IN BELARUS
Once the application is filed, the application is scrutinised for defence & security aspects.
The invention patentability.
The patent application unitary aspects.
The correctness of priority claimed.
The invention compliance with patentability conditions.
Formality & Substantial requisites.
RIGHTS OF THE PATENTEE IN BELARUS
(i) Patents with a term of 20 yrs.
(ii) Utility Models with a term of 10 yrs.
Patents confer to its holders or his successors an exclusive right to work the invention.
Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
He may authorise the working of the patent either by a manufacturer or by an importer.
Patentee may even assign, lease or licence the patent.
He is entitled to take legal action against infringers.
He is entitled to retain moral right over the invention as “the author of the invention”.
The patent can be pledged for which it has to be registered in the patent register to become effective.
COMPULSORY LICENCES OF PATENTS IN BELARUS
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Belarus, can assist you comprehensively with Compulsory Licence matters.