MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to utility model registration in Belarus including patent search, translation of an application, filing and further prosecution of the Belarus utility model application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing clients before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
The term of protection of a Utility Model in Belarus is 10 years from the filing date, i.e. 5 basic years extendible for 5-year term.
Novelty grace period 12 months from disclosure of the information on utility model before filing the application.
According to the Belarus legislation, the application for a utility model should relate to one utility model or a group of utility models, united by the single inventive idea. However, the object of the utility model application may be only a technical solution (in contrast, the object of the patent application may be a product and a process/method).
Overview of the Utility Model registration procedure in Belarus:
After completion of filing procedure the Belarus utility model application undergoes the formal examination within 3-4 months from the filing date. On condition that the applicant submits all required documents the grant decision is issued. The stage of the substantive examination is absent for the utility model in Belarus. The Examination Board examines only formal requirements and the fact that the utility model complies with the subject matter protected as utility models. If the registration fee and the first post grant annuities are paid, the decision is published in the Official Bulletin and the patent is issued. Term for payment of the prescribed fees is 2 months from the date of receipt of the decision.
The procedure of the utility model registration in Belarus takes about 1-2 years.
Foreign applicants must be represented before the Office by a registered Belarus patent attorney.
For filing a utility model application in Belarus we need:
- your filing instructions with applicant's and inventor's names, addresses and citizenships;
- filing number and date of priority application or PCT application;
- specification with claims, abstract and drawings;
- Power of Attorney simply signed and stamped by the applicant(s), legalization and notarization are not required (may be provided to the Belarus Patent Office within 2 months from filing the application).
The term for filing a utility model application claiming priority in Belarus is 12 months from the priority date. The term for entering the Belarus national phase of a PCT application as utility model is 31 months from the priority date.
For more information about registration of the utility model in Belarus or quotation for filing and prosecution of the Belarus utility model application please contact us.