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Belarus PCT national phase entry

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  • Patent fees

Fees associated with Belarusian PCT national phase entry as well as other patent fees are available in the fee calculator.

  • Deadline for the PCT national stage entry in Belarus

The term for entry into the Belarusian national phase of a PCT application is 31 months from the priority date. This term may be restored within 12 months from its expiration if failure to meet the deadline was unintentional.

  • Filing requirements in Belarus

The patent application based on PCT in Belarus may be prosecuted in Belarusian or Russian language. The international application may be filed with the Belarusian Patent Office in initial language; however, the translation thereof must be provided within two months from the date of entering the national phase in Belarus.

To obtain the filing date, it is necessary to provide the Patent Office with:
- a request to grant a patent;
- applicant's and author's data;
- international application materials.

The original Power of Attorney must be submitted to the Belarusian Patent Office within 2 months from the PCT national phase entry. Legalisation or notarisation of the POA is not required.

  • Examination of a Belarusian patent application

Formal and substantive examinations are conducted in respect of patent applications in Belarus. A request to conduct substantive examination must be filed within three years from the International filing date. The restoration of this term is not stipulated.

  • Novelty grace period

Disclosure of the information about the invention shall not disprove its novelty if it was made by the inventor or the applicant or a third party that obtained said information directly or indirectly from them and if said disclosure occurred within 12 months before filing the application with the Belarus Patent Office.

  • Grant, validity term and maintenance fees

The official fee for grant of a patent should be paid within three months from the date of receipt of the decision to grant a patent. The first post-grant annuities starting from the 3rd year until the year when the grant decision is issued must be paid within this term as well. All next annuities are paid before the beginning of the next year of validity. Late payment of annuities is possible within a six-month grace period with a 50% surcharge. The maximum validity period constitutes 20 years from the filing date.

  • Duration of registration procedure

If the prosecution process goes smoothly, it takes approximately 3 years to obtain a patent in Belarus.

  • Utility Model

It is possible to enter the national phase of Belarus of a PCT application as a utility model. Validity term of a utility model is 5 years from the filing date and may be extended for 5 additional years. Average time from filing up to grant of a utility model patent in Belarus is 1-2 years. Utility models should be new and industrially applicable.

  • Representation by a patent attorney

It is necessary for foreigners to perform a patent prosecution in Belarus through an agent, a registered Belarusian patent attorney.

  •  Notes

1. Online Search Databases: Belarusian Patents, Belarusian Utility Models, Eurasian Patents (EAPO).
2. Patent protection in Belarus may also be obtained via Eurasian Patent.

Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 09.04.2024
Please contact us if the above information is not in conformity with Belarusian IP Laws