Patent Registration

Patent registration is the only universally recognized way to obtain the right to a temporary monopoly. The global patent system is based on the International Agreement of 1883 - the Paris Convention for the Protection of Industrial Property.

In business patents are long-term investments that increase the importance and value of any company in the market. Especially in a high-tech market. Today, a transnational corporation may not have its own production, but it must have a portfolio of patents and trademarks if it wants to do business.

The current international patent system offers a wide range of legal protection for the results of intellectual work. The applicant can choose both a national patent protection system (to obtain independent patents in each country) and a regional system (for example, a European Union patent, a Eurasian patent, etc.).

Belarus keeps up with international trends and develops its patent legislation. Belarusian applicants have access to both the national patent protection system and the regional system (the Eurasian Patent System). Belarusian applicants are entitled to receive patents in other countries only after filing an application in Belarus (according to the National or Eurasian system).

The main advantage of the Eurasian patent system is the ability to obtain one patent for an invention, which will be valid for twenty years in eight countries: Belarus, Azerbaijan, Russian Federation, Tajikistan, Kazakhstan, Turkmenistan, Armenia, and Kyrgyzstan. The disadvantage of the Eurasian patent system is that it is impossible to obtain a patent for an industrial design or a utility model. In this case, the Belarusian applicant should use only the national patent protection system.

The National Center of Intellectual Property of the Republic of Belarus (abbreviated NCIP) is directly responsible for the registration and grant of patents in the Republic of Belarus.

How to obtain a patent in the Republic of Belarus

·         Firstly, you need to invent something.

·         Secondly, it is necessary to determine which object of intellectual labor you have created. For example, if it is a combination of words and images that are applied to manufactured products, then they can be registered as a trademark. If it is the design of the appearance of the goods, then this can become an industrial design. If it is a new technical device, then this could be a utility model or an invention.

·         Thirdly, it is necessary to fill an application and proceed it to the NCIP.

·         Fourthly, accompany the application until a patent is received, including the responding to the requests from experts, paying fees, etc.

·         Fifthly, after obtaining a patent, you should remember to pay the annual fee for keeping a patent valid. Patent protection will stop if the renewal fee is not paid.

You can go through all these steps by yourself, or use the help of a specialist - a patent attorney. He/She will assist you in everything except the first stage - inventing something new.

In Belarus, patents are valid since the date of filing of the application. Moreover, the validity of patents varies. The invention is protected for twenty years. The utility model is protected for five years. The industrial design is protected for ten years. Under certain conditions and requirements, a patent can be extended for another five years.

An invention or a utility model itself is disclosed in the claims of the invention. It is the formula that determines what is protected by a particular patent, in other words, it determines the scope of legal protection. According to the legislation, an invention or a utility model is what is described in the formula, not the result of this description.

An industrial design is disclosed by the graphic images attached to the patent (there’s no any industrial design formula). That means that the way an industrial design is depicted, the way it is protected, any explanations and descriptions do not have legal significance.

After obtaining a patent, an applicant becomes a patent holder and gets exclusive rights from the State. This allows to use the invention or industrial design or utility model legally and allows to prohibit or permit their use by others. The exclusive right shall come into effect from the date of publication of the information on the grant of a patent in the official NCIP bulletin.

We are inviting you to visit our specialized sites on intellectual property: bvpatent.by and trademarks: trademarks.by

Patent attorneys of our company have extensive experience in patent registration and know all the nuances of this process. Leave a request on the website or call us to get professional legal advice!