Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF BELARUS

of December 16, 2002 No. 160-Z

About patents for inventions, useful models, industrial designs

(as amended on 09-01-2023)

Accepted by the House of Representatives on November 14, 2002

Approved by Council of the Republic on December 2, 2002

This Law regulates the property and related personal non-property relations arising in connection with creation, legal protection and use of inventions, useful models, industrial designs.

Chapter 1. Legal protection of the invention, useful model, industrial design

Article 1. Patent for the invention, useful model, industrial design

1. The right to the invention, useful model, industrial design is protected by the state and makes sure the patent.

2. The patent for the invention, useful model, industrial design certifies authorship, priority of the invention, useful model, industrial design and exclusive right to them.

3. Effective period of the patent is estimated from the date of application for patent grant for the invention, useful model, industrial design (further, unless otherwise specified, - the request) in public institution "National center of intellectual property" (further - patent body) and on condition of observance of the requirements established by this Law constitutes:

on the invention – twenty years. If from the date of application for patent grant for the invention (further, unless otherwise specified, - the request for the invention) relating to medicine, pesticide or agrochemical which use according to the legislation requires their state registration before date of initial state registration there passed more than five years, the validity of the patent for this invention is extended by patent body for the petition of the patentee. The validity of the patent is extended for time which passed from the date of application for the invention before date of initial state registration of medicine, pesticide or agrochemical in which the invention, less five years is worked. At the same time the validity of the patent cannot be extended more than for five years. The petition for prolongation of effective period of the patent moves during action of the patent before the expiration of six months from the date of receipt of the first permission to use of medicine, pesticide or agrochemical in which the invention is worked, or date of the publication of data on the patent in the statement of patent body (further - the statement) depending on what of these terms expires later;

on useful model – five years with possible prolongation of this term by patent body for the petition of the patentee, but no more than for five years. The petition for prolongation of effective period of the patent for useful model moves in patent body before expiration of the patent;

on industrial design – ten years with possible prolongation of this term by patent body for the petition of the patentee, but no more than for five years. The petition for prolongation of effective period of the patent for industrial design moves in patent body before expiration of the patent.

The procedure for prolongation of effective periods of the patent for the invention, the patent for useful model, the patent for industrial design is determined by Council of Ministers of the Republic of Belarus if other is not established by the President of the Republic of Belarus.

After cancellation of exclusive right on the invention, useful model, industrial design in connection with expiration of the patent, and also early termination of action of the patent on the bases provided by subitems 1.1 and 1.3 of Item 1 of article 34 of this Law, the invention, the useful model, industrial design turn into public property and can freely be used by any physical person or legal entity without someone's permission and without remuneration payment, but with respect for copyright.

4. In case of calculation of the terms specified in Item 3 of this Article concerning the patent granted according to the selected request with establishment of priority according to Item 6 of article 16 of this Law, date of application date of submission of the initial request is recognized.

5. The amount of the legal protection provided by the patent for the invention or useful model is determined by formula of the invention or useful model. Invention formula (useful model) - logical determination of the invention (useful model) set of all his (her) essential signs. The description and drawings serve only for interpretation of formula of the invention (useful model).

6. The amount of the legal protection provided by the patent for industrial design is determined by graphical representations of product (prototype, the drawing) (further - images).

7. Procedure for provision of legal protection to the inventions and useful models recognized in accordance with the established procedure confidential and procedure for the address with requests for confidential inventions and useful models are established by Council of Ministers of the Republic of Belarus.

Article 2. Conditions of provision of legal protection to the invention

1. This Law the invention to which legal protection is provided the technical solution in any area relating to product or method, and also to application of product or method on certain appointment and meeting the following conditions of patentability is recognized: novelty, inventive level and industrial applicability.

For the purposes of this Law the product means subject as result of human labor (in particular, the device, substance, microorganism strain, culture of cages of plants or animals), method – process, acceptance or method of accomplishment of the interconnected actions over material object (objects) by means of appliances.

The invention is new if it is not part of level of the equipment.

The invention has inventive level if it for the specialist explicitly does not follow from equipment level.

Level of the equipment includes any data which became public in the world before priority date of the invention. In case of establishment of novelty of the invention equipment level also joins on condition of their earlier priority all not withdrawn requests for patent grant for the invention and useful model and inventions and useful models patented in the Republic of Belarus served in the Republic of Belarus other persons.

The invention is industrially applicable if it can be used in the industry, agricultural industry, health care and other fields of activity.

Is not recognized the circumstance interfering recognition of patentability of the invention, such disclosure of information relating to the invention, the author, the applicant or any person who obtained from them directly or indirectly this information in case of whom data on essence of the invention became public if the application for the invention is submitted to patent body no later than twelve months from the date of disclosure of information. At the same time the obligation of proof of this fact lies on the applicant.

2. Are not considered as inventions:

opening, and also scientific theories and mathematical methods;

the decisions concerning only appearance of product and directed to satisfaction of esthetic requirements;

plans, rules and methods of intellectual activities, holding games or implementation of business activities, and also program for electronic computers;

simple submission of information.

The called objects and types of activity are not considered as inventions according to this Law only if the request for the invention concerns only these objects and types of activity as such.

3. This Law does not provide legal protection as the invention:

to plant varieties and breeds of animals;

to topology of integrated chips.

According to this Law methods of delivery of health care (medical prevention, diagnostics, treatment, medical rehabilitation and prosthetics), and also the inventions contradicting public concerns, the principles of humanity and morals are not recognized patentable.

Article 3. Conditions of provision of legal protection of useful model

1. This Law useful model to which legal protection is provided the technical solution relating to devices and meeting the following conditions of patentability is recognized: novelty and industrial applicability.

The useful model is new if set of its essential signs is not part of level of the equipment.

Level of the equipment includes any data on devices of the same appointment, as the declared 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. In case of establishment of novelty of useful model equipment level also joins on condition of their earlier priority all not withdrawn requests for patent grant for the invention and useful model, and also inventions and useful models patented in the Republic of Belarus served in the Republic of Belarus other persons.

The useful model is industrially applicable if it can be used in the industry, agricultural industry, health care and other fields of activity.

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