of December 15, 2010 No. 1824
About approval of the Regulations on procedure for prolongation of effective periods of patents for the invention, useful model, industrial design
According to part two of Item 3 of article 1 of the Law of the Republic of Belarus of December 16, 2002 "About patents for inventions, useful models, industrial designs" the Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the enclosed Regulations on procedure for prolongation of effective periods of patents for the invention, useful model, industrial design.
2. Authorize the State committee on science and technologies within one month from the date of the introduction of this resolution in force to develop and approve forms of petitions for prolongation of effective periods of patents on:
invention;
useful model;
industrial design.
3. This resolution becomes effective since February 3, 2011, except for Item 2, becoming effective from the date of its acceptance.
Prime Minister of the Republic of Belarus S. Sidorsky
Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 15, 2010 No. 1824
1. In this Provision developed according to part two of Item 3 of article 1 of 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), is established procedure for prolongation of effective periods of patents for the invention, useful model, industrial design.
2. For the purposes of this provision concepts of the values determined in the Law of the Republic of Belarus "About patents for inventions, useful models, industrial designs" (further - the Law), both the following terms and their determinations are used:
the patent agent - the physical person certified and registered in the State register of patent agents of the Republic of Belarus;
the representative - the patent agent or the patentee's worker who is acting on the basis of the power of attorney, issued by the patentee, or one of patentees who is acting on the basis of the power of attorney, issued by other patentees;
permission to application medicinal the sredstvaregistratsionny certificate issued by the Ministry of Health by results of state registration of medicine;
permission to the use of pesticide or agrokhimikataudostovereniye about state registration of remedy of plants issued by public institution "Main state inspectorate for seed farming, quarantine and protection of plants" by results of state registration of remedy of plants;
authorized body - the Ministry of Health, authorized to issue permission to use of medicine, public institution "Main state inspectorate for seed farming, quarantine and protection of plants", authorized to issue permission to use of pesticide or agrochemical;
the petition - the petition for prolongation of effective period of the patent for the invention, either useful model, or industrial design if other is not established in this Provision.
3. The petition shall belong to one patent for the invention, or one patent for useful model, or one patent for industrial design.
4. The petition moves on Belarusian or Russian in the forms approved by the State committee on science and technologies.
5. The petition moves in patent body during acceptance, goes by mail or the courier (courier).
6. If no data can be placed in the corresponding graphs of the petition, they are represented in the same form on additional leaf with indication of in the corresponding column of the petition "watch continuation on additional leaf".
The additional leaf is signed by the patentee (patentees) or his representative.
7. The document confirming payment of patent fee for prolongation of effective period of the patent for the invention, either useful model, or industrial design in the established size is attached to the petition.
8. If the documents necessary for prolongation of effective period of the patent for the invention, either useful model, or industrial design, are not provided or the requirements to contents of the petition established in this Provision, and (or) the form of the petition approved by the State committee on science and technologies are not observed, the patent body within three days from the date of submission of the petition refuses its acceptance and returns to the patentee (patentees) the submitted documents.
9. The petition is considered in the terms established by the legislation on ministerial procedures.
10. The petition for prolongation of effective period of the patent for the invention relating to medicine, pesticide or agrochemical which use according to the legislation requires receipt of permission of authorized body moves in patent body according to the procedure, established in this Provision, during action of the patent for the invention 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, or dates of the publication of data on the patent for the invention in the statement of patent body depending on what of these terms expires later is worked.
11. The validity of the patent for the invention can be extended in the relation:
all independent Items of formula of the invention if the inventions characterized in each independent Item of formula of the invention are used in medicine, pesticide or agrochemical which use according to the legislation requires receipt of permission;
one or several independent Items of formula of the invention if the patent is granted on the invention with the multilink formula having several independent Items, one or several of which characterize the invention worked in medicine, pesticide or agrochemical which use according to the legislation requires receipt of permission;
one or several connections from the group of connections described by general formula in one independent Item if specified one or several connections are used in medicine, pesticide or agrochemical which use according to the legislation requires receipt of permission.
12. The petition for prolongation of effective period of the patent for the invention shall contain:
12.1. number of the patent for the invention;
12.2. name of the invention;
12.3. specifying of the corresponding independent Item (Items) of formula of the invention or connection (connections) from the group of connections described by general formula in one independent Item concerning which, (which) prolongation of effective period of the patent for the invention is asked;
12.4. date of application for patent grant on the invention;
12.5. information about the patentee (patentees):
full name of the legal entity;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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