of May 7, 2018 No. 340
About approval of the Regulations on procedure for conducting check of useful model on compliance to conditions of patentability and decision making by its results
According to the paragraph the fourth article 3 of the Law of the Republic of Belarus of December 18, 2017 "About modification and amendments in the Law of the Republic of Belarus "About patents for inventions, useful models, industrial designs" the Council of Ministers of the Republic of Belarus DECIDES:
Prime Minister of the Republic of Belarus
Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 7, 2018 No. 340
1. Are determined by this Provision procedure for conducting check of useful model on compliance to the patentability conditions established by the Law of the Republic of Belarus of December 16, 2002 "About patents for inventions, useful models, industrial designs" (The national register of legal acts of the Republic of Belarus, 2003, No. 1, 2/909), and decision makings by its results, and also requirements to the survey request of useful model on compliance to patentability conditions (further - the petition).
2. The useful model on compliance to conditions of patentability is performed by public institution "National center of intellectual property" (further - patent body) according to the petition of physical person or legal entity.
3. The petition moves in Appeal council under patent body along with objection against patent grant on useful model which basis is discrepancy to the protected useful model to conditions of novelty and industrial applicability.
4. The petition moves in writing and shall contain request for conducting check of useful model on compliance to patentability conditions, number of the patent for useful model and the name of useful model.
5. Along with the petition the document confirming payment of patent fee in the established size is submitted.
6. The useful model on compliance to conditions of patentability is performed on priority date of useful model based on the documents submitted to patent body before decision making about patent grant on useful model and which are not changing essence of the declared useful model.
7. If in the petition the group of useful models is declared, patentability is performed concerning each of the useful models entering it.
8. Check of novelty of useful model consists in comparison of its signs with equipment level. For determination of level of the equipment information search according to the procedure, is carried out by the provided Regulations on procedure for carrying out information search in the request for useful model approved by the resolution of Council of Ministers of the Republic of Belarus of February 2, 2011 No. 120 "About approval of the Regulations on procedure for creation of the request for patent grant on useful model, conducting on it examination and decision by results of examination and Regulations on procedure for carrying out information search in the request for useful model" (The national register of legal acts of the Republic of Belarus, 2011, No. 20, 5/33274).
9. When checking novelty of useful model the level of the equipment does not join the sources containing the information relating to useful model, opened by the author, the applicant according to the request for patent grant for useful model or any person which obtained from them directly or indirectly this information in such a way that data on essence of useful model became public if the application for patent grant for useful model is submitted to patent body no later than 12 months from the date of disclosure of information.
10. Novelty of useful model is performed concerning all set of the signs containing in independent Item of formula of useful model.
11. Level of the equipment includes any data on devices of the same appointment, as the patented useful model which became public in the world before priority date of useful model, and also data on their open application in the Republic of Belarus.
12. The useful model is recognized known of the level of the equipment and the novelty which is not corresponding to condition if in the level of the equipment the device in which the signs identical to all signs containing in independent Item of formula of useful model including the characteristic of appointment are inherent is revealed.
13. In case of the solution of question of identity of signs content of sign is analyzed. At the same time the form of expression of sign does not matter. For example, if sign of the device is the geometrical form of its any element, then the same form can be expressed verbally, mathematical dependence or graphical. It does not influence qualification of the signs expressed differently as identical. The same treats the device represented graphical (on the drawing) and described verbally.
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