DESIGNS REGISTRATION IN BELARUS

Priority Deadline: For filing of a design application in Belarus with claiming priority, the application would have to be filed within six (6) months from the priority date. A certified copy of the priority application should be filed with the ByPTO within two (2) months following the design application filing date.

Novelty Period: The novelty grace period for a design in Belarus is twelve (12) months after the disclosure of the design and before application filing.

Representation: A foreign client must be represented at the Belarus Patent office by a registered Belarusian Patent Attorney.

Translation: Application materials should be translated and filed in the Russian language.

Formal Examination: The process for the examination of Design Applications in Belarus includes a formal examination within three (3) months for the crosschecking of required documentation. In the case of accurate documentation, a decision to grant the patent will be issued at the responsibility of the applicant.

Substantive Examination: There is no substantive examination for design applications in Belarus.

Office Action: In case of Office Action, our Belarusian Patent Attorney will carefully review the Office Action to provide a Legal Opinion and discuss with the Applicant or representing Attorney, options available in overcoming said Office Action.

Duration: The procedure for registration of a design patent in Belarus usually takes nine (9) months in case of smooth registration.

Maintenance: Maintenance fees regarding the maintenance of the design patent in force, are required to be paid annually with annuity for the following year being made in the current year of validity. A six (6) month grace period is foreseen but will incur an increase of the fees by 50%. Failure to pay maintenance fees can result in the cancellation of the design patent.

Fees: The patent is issued after payment of the relevant issuance and annuity fees.

Validity: In Belarus a patent is valid for ten (10) years with a possibility to renew for another five (5) years.

Required documents for Filing a Design Application in Belarus:

  1. Applicant’s information (name and address).
  2. Designer’s information (name and address).
  3. Representations of the design(s) (photos or drawings); number of representations and views is not limited but must be sufficient to give a complete idea of the design.
  4. Description and list of dominant features (if available).
  5. POA signed by Applicant(s). Notarization or Legalization is not required.