MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys

PCT NATIONAL PHASE IN BELARUS


Entering national phase of PCT application in Belarus


General filing requirements

Deadline
The deadline for entering the Belarus national phase is 31 months from the priority date. It is possible to restore a prescribed term in Belarus within 2 months from the missed deadline provided that the corresponding fee is paid.

Substantive examination request
The substantive examination of the Belarus patent application should be requested within 3 years from filing the application.

Power of attorney
A power of attorney should be provided with the Belarus Patent Office within 2 months from the filing date. Legalisation or notarisation of a power of attorney are not required.

Translation of the application
International application is prosecuted in Belarus or Russian languages. If the international application has been filed in any foreign language the deadline for provision of the Belarus or Russian translation of an application is 2 months from filing the application.

Amendments on the national phase
Within 2 months from filing the application no official fee for amendments of the application is stipulated. After the expiration of this term the amendments of the application can be introduced provided that the corresponding official fee is paid. The amendments of the application can be made before the decision to grant a patent is issued.

Patent maintenance
Payment of annuities is not stipulated for the pending patent applications in Belarus. The first annuities for a patent starting from the 3rd year till the year when the grant decision is issued are paid simultaneously with the official grant fee. All next annuities are counted starting from the filing date and are paid before the beginning of the next year.

Basic procedure of entering PCT application into the national phase in Belarus

After completion of filing procedure the application undergoes the formal examination. On condition that the applicant submits all required documents, the notification about positive result of the formal examination is issued. On an applicant's request, which should be filed within 3 years from the filing date, the substantive examination will be conducted. If the invention meets the requirements of patentability, the grant decision is issued. After the payment of the registration fee and the first post grant annuities the patent will be issued.

The procedure of the invention registration takes from 2 to 3 years.

The validity term of an invention patent in Belarus is 20 years counting from the filing date.

Please feel free to contact us for specific questions or a cost estimate for entering PCT application into the Belarus national phase.


Minsk

20 b, Platonova Str., Block 3

Off. 201

Minsk, 220005

Belarus

Fax: +375 (17) 234 82 16

Email: office@msp.by