RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 2, 2011 No. 121

About approval of the Regulations on procedure for creation of the request for patent grant on industrial design, conducting on it examination and decision making by results of examination

Based on Item 3 of article 12 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 Regulations on procedure for creation of the request for patent grant on industrial design, conducting on it examination and decision making by results of examination it (is applied).

2. To the state committee on science and technologies till February 3, 2011 to develop and establish the following forms:

petitions of the Republic of Belarus on industrial design;

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 industrial design in connection with change of list of authors;

statements for modification of specifying of authors of industrial design 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 industrial design as a result of legal succession;

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

statements for modification of instruction of the applicant (applicants) for the request for patent grant on industrial design 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 form specified in the paragraph the second to part one of this Item is used only in case of submission of documents on paper.

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

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 2, 2011 No. 121

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

Section I. Request for patent grant for industrial design

Chapter 1. General provisions

1. In this Provision requirements to documents of the request for patent grant on industrial design (further – the request for industrial design), procedure for conducting examination of the request for industrial design and decision makings by results of examination are established.

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 statement – the petition of the Republic of Belarus on industrial design;

MKPO – The international classification of industrial designs founded by the Lokarnsky agreement of October 8, 1968;

Parisian convention – The Parisian convention on protection of industrial property of March 20, 1883;

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 general representative;

Register of industrial designs – State register of industrial designs of the Republic of Belarus.

Chapter 2. The request for industrial design and documents attached to it

3. The request for industrial design shall belong to one industrial design or group of the industrial designs belonging to one class MKPO.

One industrial design is understood as the art and design solution of both single product, and set (set) of the products independent in use having general purpose (for example, furniture set, service).

The single product is understood as both the whole product, and the product which is its part (for example, bumper, headlight).

4. The group of industrial designs is understood as the art and design solutions of the same product (set, set) differing on set of the signs determining esthetic features of appearance of industrial design, in particular its form and configuration, ornament and combination of flowers (options of industrial design), or belonging to one class MKPO, one of which determines appearance of product in general, and another (others) - appearance of its independent part (parts) seen in use products.

5. The request for industrial design shall contain:

5.1. statement;

5.2. set of the images giving complete detailed idea of appearance of product, its esthetic features, in particular of form and configuration, ornament and combination of flowers.

5.3. It is excluded.

6. The application for industrial design is submitted 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 industrial design or the directions of other correspondence on the request for industrial design the patent body posts the adequate notice on the official site on the global computer Internet.

7. The application is submitted on Belarusian or Russian.

The documents attached to the request for industrial design are represented in the Belarusian, Russian or foreign language.

The set of images constituted in foreign language shall be followed by the 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 industrial design 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.

8. In case of giving on paper documents of the request for industrial design shall be submitted:

the statement – in duplicate;

set of images – in five copies.

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