Patent registration in Belarus

Currently, the number of patent registration in Belarus has increased significantly thanks to a number of specific benefits. Belarus has a highly qualified workforce in the field of ICT, with many talented and experienced professionals. The government has also invested significantly in information and communication technology infrastructure, facilitating the development and deployment of new technologies. Potential areas include artificial intelligence (AI), machine learning, software development, cybersecurity, and blockchain technology. Belarus has a long tradition of engineering and manufacturing, especially in areas such as agricultural machinery, industrial equipment, and automobiles. The country also has a strong network of research institutes and universities, supporting research and development in these fields. Potential areas include automation, robotics, 3D printing, and advanced materials. Belarus is actively transitioning to renewable energy and energy efficiency. The government has set ambitious targets to increase the share of renewable energy in total energy consumption and reduce the energy intensity of the economy. Potential sectors include solar energy, wind energy, biomass energy, and energy storage technology. The Belarusian government has taken a number of measures to promote innovation and protect intellectual property rights, including reducing patent fees for scientific organizations and expanding the network of Technology and Innovation Support Centers (TISCs). These efforts are intended to encourage local inventors to create, protect, and commercialize their research results, and to promote business growth through startups and universities. Viet An Law would like to guide clients through the preliminary procedures for patent registration in Belarus through the article below.

Legal Basis

• Law No. 160-Z of the Republic of Belarus of December 16, 2002, on Patents for Patents, Industrial Designs and Industrial Designs (amended additionally to Law No. 243-Z of January 9, 2023).

Definition of an invention in Belarus

In Belarus, a patent is an exclusive right granted to a new, innovative, and industry-applicable invention. It gives the patent holder the exclusive right to use the invention in Belarus, including the right to create, use, sell, or import a patented product or process. Others are prohibited from using the invention without the permission of the patent owner.

Conditions for registering a patent in Belarus

Patented object

• The invention must be a new technical solution to a problem.
• It must be in the field of technology (e.g., product, process, or use of the product or process).
• It cannot be excluded from patentability (e.g., scientific theory, mathematical methods, discovery, aesthetic creation, etc.).

Novelty

• The invention must be new, which means that it has not been published anywhere in the world before the date of filing the patent application.
• Belarus has a 12-month grace period for disclosures made by the inventor or with their consent.

Innovation step

The invention must not be obvious to a person with expertise in the field of engineering. It must involve an innovative step that is not easily deduced from existing knowledge or technology.

Industrial Applicability

The invention must be capable of being created or used in any type of industry.

Types of industrial designs that can be registered in Belarus

• Patents for Inventions: This type of patent is granted to new technical solutions in any field of technology, whether they are related to products or processes. It provides the strongest form of protection and is valid for 20 years from the date of filing.
• Industrial Design Patents: This type of patent is granted to new and applicable solutions in industry related to the shape, structure, or layout of an item. In general, it is easier and faster to apply for an industrial design patent than a patent for an invention, but the term of protection is shorter (10 years from the date of filing).

Patent registration dossier in Belarus

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Some questions in the process of registering a patent in Belarus

Do I need to translate documents into Belarusian or Russian?

Yes, all documents related to the patent application must be filed in Belarusian or Russian. If your document is in another language, you will need to have a notarized translation into either of these languages.

How long does the application and review process take?

The processing time for a patent application in Belarus can vary depending on the type of patent and whether or not you require due diligence. Typically, this process can take anywhere from a few months to several years.

Patent registration in Belarus through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Belarus.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application Fee: The applicant needs to pay the PCT application fee to the International Receiving Office (IB)

Patent registration service in Belarus by Viet An Law Firm

• Perform the search and notify the client in writing of the results of the patent search in Belarus;
• Drafting dossiers and directly filing and monitoring the status of patent applications filed in Belarus on behalf of the patent owner;
• Notifying, advising and handling shortcomings/rejections of competent State agencies (if any) in the process of monitoring patent applications in Belarus;
• Assist in monitoring and representing the settlement of objections and feedback to the intellectual property representative carrying out procedures in Belarus.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to file an application for patent registration, trademark registration, industrial design registration, please contact Viet An Law for the most effective support.