Elena Beliaeva, Nina Vasilieva & Partners

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Intellectual property registration
Inventions

Patents of the Republic of Belarus

We provide the following patent services in the Republic of Belarus:

About patents of the Republic of Belarus

Conditions of Patentability of Inventions (in the National Center of Intellectual Property of the Republic of Belarus (Patent Office of the Republic of Belarus): an invention in any field of technology, whether a product or process, shall be granted legal protection if it is novel, involves an inventive step and is industrially applicable.

The term «product» means any article as a result of the human work.

The term «process» means any process, art or method for performing interconnected actions upon an object (or objects), and also the application of a process, art or method or the use of a product for a desired purpose.

An invention shall be considered novel if it does not form part of the prior art.

An invention shall be considered to involve an inventive step if, having regard to the prior art, it is not obvious to a person skilled in the art.

The prior art shall consist of any kind of information which has been made available to the public anywhere in the world before the priority date of the claimed invention. When determining the novelty of an invention, the prior art shall likewise include all applications for the protection of inventions and utility models that have been filed by other persons in the Republic of Belarus, that enjoy earlier priority and that have not been withdrawn, and also inventions and utility models that have been patented in the Republic of Belarus.

An invention shall be considered industrially applicable if it can be used in industry, agriculture, public health or other fields of activity.


The right to the patent shall belong:

The priority right. The priority of an invention or utility model shall be determined

The scope of the legal protection conferred by an invention patent shall be determined by the claims relating to the invention. The invention claims shall represent a logical definition of the subject matter of the invention by the sum of all the essential features thereof. The description and the drawings may serve only to interpret the claims of the invention.

The Belarusian patent shall have a term of 20 years as from the date of filing of the application.

If more than five years have passed since the date of filing of the application for a patent for invention referring to drug, pesticide or agrochemical, for the use of which, in accordance with the legislation, the authorization of the competent authority is required, to the date of the initial authorization, the term of such invention patent may be extended, at the request of the owner of the patent, by the Patent Office. The term of the patent shall be extended for a period which has passed since the date of filing of the application for invention to the date of the initial authorization to use drug, pesticide or agrochemical incorporating an invention deducting five years. The patent may be extended for a period not exceeding five years.

Patent rights.

The exclusive right to use the patented invention shall belong to the owner of the Belarusian patent The exclusive right to use an invention shall consist in the right of the owner of the patent to use the invention at his discretion, insofar as such use does not infringe the rights of other persons, and also in the right to prohibit other persons from using the invention.

The exclusive right to use the patented invention which is a process for obtaining a product shall also extend to the product directly obtained through such process. In the absence of proof to the contrary, a new product shall be deemed to have been obtained through the patented process.

Acts Constituting Infringement of the Exclusive Rights of Patent Owners

The following acts shall be considered infringements of the exclusive right of the owner of the patent if performed without his authorization:

Acts Not Constituting Infringement of the Exclusive Rights of Patent Owners

The following shall not be considered infringements of the exclusive right of the owner of the patent:

Documents and data necessary for application.

  1. a description, disclosing the claimed invention in sufficient detail for it to be carried out;
  2. the claims defining the subject matter of the invention and fully supported by the description;
  3. drawings and other material where they are necessary for the understanding of the subject matter of the invention;
  4. an abstract;
  5. the power of attorney for handling the cases signed by all the applicants with the indication of the names and position of the persons who signed it. Notarization or legalization of the power of attorney is not required;
  6. notarized copies of all the initial applications (in case of claiming a priority by the date of filing initial application).

If required, the documents specified in items 1 - 4 will be prepared by our corporate employees.

Eurasian Patents

We provide the following patent services:

About Eurasian Patents

The subject matter of the invention may be the technical results obtained from a creative activity in the form of tangible material objects or processes.

The subject matters of the invention are as follows:


Patentability of an invention. A Eurasian patent shall be granted for any invention that is novel, involves an inventive step and is industrially applicable.

Duration of a patent granted for a process for obtaining a product shall extend also to a product which is directly obtained by this process.

An invention shall be considered novel if it is not anticipated by prior art. Separate items of the prior art may only be taken into account separately for the purpose of determining the novelty of the invention.

The prior art shall consist of any kind of information made available in the world before the date of filing of the Eurasian application or, where priority is claimed, before the priority date of the application.

An invention shall be considered to involve an inventive step if, having regard to the prior art, it is not obvious to a person skilled in the art. While verifying the compliance of the claimed invention with the patentability criterion relating to "inventive step," availability of cause and effect relationship between inventive features and expected technical result is established.

An invention shall be considered industrially applicable if it can be used in industry, agriculture, public health or other fields of human activity.

The following shall not, as such, be recognized as inventions:

Eurasian patents shall not be granted for:

The rights to a Eurasian patent

The right to a Eurasian patent shall belong to the inventor or his successor in title. Where the inventor is an employee, the right to the Eurasian Patent shall be determined in accordance with the law of the State in which the employee is mainly employed; if the State in which the employee is mainly employed cannot be determined, the law to be applied shall be that of the State in which the employer has a place of business in which the employee is engaged.

The right of priority shall be recognized under the Paris Convention for the Protection of Industrial Property.

Patent rights. The owner of a Eurasian patent shall have the exclusive right to use, and also to authorize the use or prohibit others from using, the patented invention. A Eurasian patent owner may assign or grant a license to his rights. After publication of a Eurasian patent application the provisional protection shall be granted to the applicant in accordance with the national legislation of the contracting states.

The extent of the legal protection conferred by a Eurasian patent shall be determined by the claims.

A Eurasian invention patent shall have a term of 20 years as from the date of filing a Eurasian application.

Documents and data necessary for application.

  1. A description, disclosing the claimed invention in sufficient detail for it to be carried out;
  2. The claims defining the subject matter of the invention and fully supported by the description;
  3. Drawings and other material where they are essential to understanding of the subject matter of the invention;
  4. An abstract
  5. The power of attorney for handling the cases signed by all the applicants with the indication of the name and position of the persons who signed it. Notarization or legalization of the power of attorney is not required.
  6. Notarized copies of all the initial applications (in case of claiming a priority by the date of filing of the initial application).

If necessary, the employees of our company will prepare all the documents specified in items 1 - 4.

About the Eurasian Patent Organization

The Eurasian patent organization currently unites 8 countries of the Eurasian region which are the contracting states to the Eurasian Patent Convention: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russian Federation, Tajikistan and Turkmenistan, within the framework of interstate patent integration. The Eurasian patent convention (hereinafter referred to as the Convention) entered into force on August 12, 1995.

The main objective of the Convention and the Eurasian Patent Organization is the creation of the international regional system of legal protection of inventions on the basis of the single Eurasian patent valid on the territory of all State Parties to the Convention.

Контактные данные

Elena Beliaeva, Nina Vasilieva & Partners, LTD
23 Svoboda Square, office 55, 220030 Minsk , Republic of Belarus

Working hours:
Mon-Thu 9.00 – 18.00
Fri 9.00 – 15.00

Telephone/fax:+375 17 327 17 90
Telephone/fax:+375 17 327 05 30
E-mail: office@bvpatent.by