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. No. 493 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 28.07.2023
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
M. Myasnikovich
Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 2, 2011 No. 121
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 Eurasian request – the request for issue of the Eurasian patent for industrial design according to the Protocol on protection of industrial designs to the Eurasian patent convention of September 9, 1994;
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;
Patent instruction – The patent instruction to the Eurasian patent convention of September 9, 1994;
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;
Protocol – The protocol on protection of industrial designs to the Eurasian patent convention of September 9, 1994;
Register of industrial designs – State register of industrial designs of the Republic of Belarus.
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:
5.2. 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.
9. The set of images bearing texts in foreign language is represented in one copy.
10. Documents of the request for industrial design shall not contain the expressions, drawings, drawings, photos and other materials contradicting public order and morals, scornful statements in relation to industrial designs and other results of creative activities of other persons and also the data which do not have relations to industrial design.
11. 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 industrial design.
The specified documents are submitted along with the request for industrial design or in time, established in item 4 of article 15 of the Law.
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