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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 making by results of examination and Regulations on procedure for carrying out information search in the request for useful model

(as amended on 23-06-2022)

Based on Item 3 of Article 12, of Item 10 of article 23 of the Law of the Republic of Belarus of December 16, 2002 "About patents for inventions, useful models, industrial designs" (further – the Law) the Council of Ministers of the Republic of Belarus DECIDES: No. 160-Z

1. Approve:

The regulations on procedure for creation of the request for patent grant on useful model, conducting on it examination and decision making by results of examination (are applied);

The regulations on procedure for carrying out information search in the request for useful model (are applied).

2. To the state committee on science and technologies to develop and establish the following forms:

petitions of the Republic of Belarus on useful model;

statements for the translation of the international request for national stage of consideration;

powers of attorney on representation of interests of the applicant (applicants) before patent body in Russian;

powers of attorney on representation of interests of the applicant (applicants) before patent body in English;

statements for modification of specifying of authors of useful model in connection with change of list of authors;

statements for modification of specifying of authors of useful model in connection with change of surname, own name, middle name (if that is available) the author (authors) and (or) its residential address (the place of stay);

statements for modification of specifying of the applicant (applicants) upon transition of the right to the patent for useful model as a result of legal succession;

statements for modification of specifying of the applicant (applicants) by transfer of the right to the patent for useful model under the agreement;

statements for modification of instruction of the applicant (applicants) for the request for patent grant on useful model in connection with change of surname, own name, middle name (if that is available) or names of the applicant (applicants) and (or) its residential addresses (the place of stay) or the location.

The forms specified in paragraphs second and third to part one of this Item are used only in case of submission of documents on paper.

3. This resolution becomes effective since February 3, 2011, except for Item 2, of this resolution which is becoming effective from the date of acceptance.

Prime Minister of the Republic of Belarus

M. Myasnikovich

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 2, 2011 No. 120

Regulations on procedure for creation of the request for patent grant on useful model, conducting on it examination and decision making by results of examination

Section I. Request for patent grant for useful model

Chapter 1. General provisions

1. This Provision establishes requirements to documents of the request for patent grant on useful model (further - the request for useful model), procedure for conducting examination of the request for useful model and decision makings by its results.

2. In this Provision terms in the values established in the Law and the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature" and also the following terms are used:

AIS "Electronic Submission of Requests" – the automated information system "The Internet Portal for Electronic Submission of Requests for Objects of Industrial Property";

VOIS – World Intellectual Property Organization;

GKNT – State committee on science and technologies;

the power of attorney – the power of attorney on representation of interests of the applicant (applicants) before patent body;

the statement – the petition of the Republic of Belarus on useful model;

the international request – the application submitted according to the Agreement on patent cooperation of June 19, 1970;

MPK – International patent classification;

the patent agent – the physical person certified and registered in the State register of patent agents of the Republic of Belarus;

the first request – the application submitted by the applicant in foreign state – the participant of the Parisian convention on protection of industrial property of March 20, 1883;

the representative – the patent agent or the general representative;

RUTI – The agreement on patent cooperation of June 19, 1970;

Register of useful models – State register of useful models of the Republic of Belarus.

Chapter 2. The request for useful model and documents attached to it

3. The request for useful model shall belong to one useful model or to group of the useful models connected among themselves so that they form single creative plan.

4. The requirement of unity of useful model is recognized observed if in formula of useful model one useful model or group of useful models is characterized.

5. The requirement of unity of useful model is considered observed if the request for useful model belongs to one useful model, that is to one device, or to one useful model characterized with development and (or) refining of signs for the special cases of accomplishment and (or) use which are not leading to replacement or exception of one or several signs.

6. The requirement of unity of useful model is considered observed for group of useful models:

one of which is intended for production another (for example, the device and the device for its production), uses another or in another (for example, the device and its component);

identical appointment, providing the same technical result (options).

7. The request for useful model shall contain:

7.1. statement;

7.2. the description of useful model opening it with the completeness sufficient for implementation of useful model;

7.3. formula of useful model which shall express its essence, to be clear, exact and completely to be based on the description;

7.4. drawings if they are necessary for understanding of essence of useful model;

7.5. paper.

8. The application for useful model is submitted to patent body on paper or by means of AIS "Electronic Submission of Requests" by the applicant (applicants) independently or through the patent agent.

In case of impossibility of use of AIS "Electronic Submission of Requests" for application for useful model or the directions of other correspondence on the request for useful model the patent body posts the adequate notice on the official site on the global computer Internet.

9. In case of giving on paper documents of the request for useful model are submitted in duplicate.

10. The application is submitted on Belarusian or Russian.

The description and formula of useful model, drawings, the paper can be constituted in the Belarusian, Russian or foreign language. The request for useful model containing the documents constituted in foreign language shall be followed by their translation on Belarusian or Russian. Correctness of the translation makes sure the signature of the applicant (applicants) or his patent agent. The translation shall be provided in case of application for useful model or no later than two months from receipt date of this request to patent body. Before translation representation the documents filed in foreign language are considered as not arrived.

11. Instead of the translation of the first request by the applicant (applicants) the application, confirmatory can be submitted that the application for useful model submitted to patent body is full translation of the first request.

12. The document confirming payment of patent fee in the established size or exemption of patent fee, or the document confirming partial payment of patent fee along with the documents confirming availability of the bases for reduction of its size is attached to the request for useful model.

The specified documents are submitted along with the request for useful model or in time, established in item 4 of article 13 of the Law.

13. The applicant (applicants) can appoint the representative for business management according to the request for useful model, representations of the interests by consideration of the questions arising during examination of the request for useful model.

14. Powers of the representative before patent body make sure the power of attorney.

The power of attorney can be issued by both the applicant (applicants), and his representative according to the procedure of retrust.

15. Person which is directly specified in the power of attorney is considered the representative of the applicant (applicants). If the power of attorney is issued addressed to several physical persons, the representative of the applicant (applicants) each of them is recognized.

16. The power of attorney does not require the notarial certificate, except as specified retrust.

17. Forms of the power of attorney in the Russian and English languages are established by GKNT.

If the power of attorney is drawn up by the applicant (applicants) not on Belarusian or Russian, its translation executed on the single sheet on Belarusian or Russian which correctness is certified by the patent agent addressed to whom such power of attorney is issued shall be attached to it.

18. In patent body the original of the power of attorney or its copy is submitted.

The original of the power of attorney can be provided on paper and signed with own hand the applicant or is presented in the form of the electronic document signed by the digital signature which owner of personal key is the applicant.

The copy of the power of attorney can be provided on paper and certified with own hand by the applicant or his representative or is presented in the form of the electronic copy of the paper document, the signed digital signature which owner of personal key is the applicant or his representative.

In case of submission of the copy of the power of attorney the original of the power of attorney can be in case of need requested by patent body by the direction of the corresponding request.

19. The power of attorney shall meet the following requirements:

the power of attorney shall be signed by the issued her face with indication of its surname, initials and post (if the power of attorney is issued on behalf of the legal entity). If the power of attorney is issued on behalf of the legal entity, the signature of the corresponding official with indication of post, surname and initials shall be under seal;

in the power of attorney shall be specified amount of the powers conferred to the representative, date and the place of making.

20. The power of attorney can belong to one or several requests for useful models as existing and future.

21. Number is assigned to the request for useful model which arrived in patent body, and on it receipt date in patent body is put down.

22. Materials of the registered request for useful model are not subject to return.

Chapter 3. The selected request for useful model

23. The applicant (applicants) has the right to submit the selected application for useful model if:

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