PCT Applicant's Guide Belarus EQE - Valid as from 31 Oct 2023

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: National Center of Intellectual Property (Belarus)

BPL: Belarus Law on Patents for Inventions, Utility Models and Industrial Designs (as revised on 18 December 2017, effective from 7 July 2018)

BDEDR: Regulations on Application Drafting Procedure for an Invention Patent, Application Examination and Decision Making upon Results of the Examination (effective from 3 February 2011)

BTC: Belarus Taxation Code (as revised on 9 January 2017)

List of currencies used in this document:

BYN (Belarussian Ruble), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Article 64(5)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Belarus

Two-letter code:

Name of Office:

National Center of Intellectual Property (Belarus)

Location:

20, ul. Kozlova
220034 Minsk
Belarus

Mailing address:

Same as above

Telephone:

(375-17) 272 46 96

E-mail:

icd@ncip.by
ncip@ncip.by

Website:

http://www.ncip.by

Facsimile:

(375-17) 272 97 51

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within 14 days from the date of the transmission

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes

provided that the delivery service is:
DHL
Federal Express
TNT

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

BY,

EA,

Does national legislation restrict the filing of international applications with foreign Offices?

Law on Patents for Inventions, Utility Models and Industrial Designs, Article 32

Yes

Filing restrictions apply to:

Applications by natural or legal persons having a residence or principal place of business in Belarus

Competent designated (or elected) Office(s) for this State:

National protection: BY

Eurasian patent: EA

Types of protection available via the PCT:

National:

Patents

Utility models

Eurasian:

Patents

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

Where the designation is made for the purposes of a national patent:

After international publication, the furnishing of a translation into Russian or, if the international application was filed in Russian, of a copy of the application as filed, gives the applicant provisional protection in the sense that he, upon grant of the patent, is entitled to damages.

Where the designation is made for the purposes of a Eurasian patent:

After the international publication (if in Russian) or, where that publication was in a language other than Russian, after the publication by the EAPO of the translation into Russian of the international application, the applicant is entitled to provisional protection in conformity with the national legislation.

Information of interest if this Contracting State is designated (or elected)

For national protection

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

For a Eurasian patent

Refer to Annex B(EA)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Belarus

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

English,

Russian

Language in which the request may be filed:

English,

Russian

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “unintentional” criterion to such requests

Competent International Searching Authority:

EA,

EP,

Competent International Preliminary Examining Authority:

EA,

EP ¹,

Fees payable to the receiving Office:

For residents of Belarus, the payment of fees shall be effected in Belarusian rouble in accordance with the rate of the base value

For non-residents of Belarus the payment of fees shall be effected in US dollar, euro, Swiss franc or Russian rouble, unless otherwise provided for by international agreements with the Republic of Belarus, in accordance with the rate of the base value and the exchange rate established by the National Bank of the Republic of Belarus applicable on the date of payment

Transmittal fee:

90.65 BYN

International filing fee:

1,435 USD

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

16 USD

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Search fee:

Refer to
Annex D(EA)
Annex D(EP)
Annex D(RU)

Fee for priority document (PCT Rule 17.1(b)):

For further details refer to the “Patent Information Services, Price List” (page 6, items 1.1 and 1.3) at https://www.ncip.by/en/uslugi-i-informaciya/patentno-informacionnye-uslugi/

— for each copy of priority document up to 35 pages

42 BYN

— for each page of one copy in excess of 35 pages

plus 1.20 BYN

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

185 BYN

Is an agent required by the receiving Office?

Who can act as agent?

Any patent attorney registered to practice before the Office

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Where there is a change in representation, that is, where any action before the Office is performed by an agent or a common representative who was not indicated on the request form at the time of filing

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

The name of the depositary institution and the accession number at the time of filing (must be in the description)

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

None

Additional information

For the purposes of patent procedure before the National Center of Intellectual Property (Belarus), a deposit may be made not later than the priority date of the international application with any international or Belarusian depositary institution specialized for that purpose.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished within two months from the expiration of the time limit applicable under PCT Article 22 or 39(1)

Belarussian,

Russian

Required contents of the translation for entry into the national phase:

Must be furnished within two months from the expiration of the time limit applicable under PCT Article 22 or 39(1)

The Request is not required if the form for entry into the national phase is used

Under PCT Article 22: Request, description, claims (if amended, both as originally filed and as amended together with any statement under PCT Article 19), any text matter of drawings

Under PCT Article 39(1): Request, description, claims, any text matter of drawings (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

A copy is required only if the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2) or 40(2).

National fees:

For residents of Belarus, the payment of fees shall be effected in Belarusian rouble in accordance with the rate of the base value

Patents

Filing fee

If not already paid within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to pay within a time limit of two months from the date of entry into the national phase

90.65 BYN

Claim fee for each independent claim in excess of one

38.85 BYN

Examination fee

440.30 BYN

Claim examination fee for each independent claim in excess of one

259 BYN

Annual fee for the 3^rd year

90.65 BYN

Utility models

Filing fee

181.30 BYN

Claim fee for each independent claim in excess of one

90.65 BYN

Exemptions, reductions or refunds of fees:

The examination fee is reduced by 50% where an international search report or an international preliminary examination report has been established

Special requirements of the Office (PCT Rule 51bis):

Instrument of assignment of the priority right where the applicants are not identical ²

Translation of the international application to be furnished in two copies ³

Verification of translation ³

Who can act as agent?

Any patent attorney registered to practice before the Office

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “unintentional” criterion to such requests

The procedure in the national Phase

BY.01 FORM FOR ENTERING THE NATIONAL PHASE

BPL Art. 13, BPL Art. 14, BDEDR Sec. 306.1
The Office has available special forms for entering the national phase (refer to Annex BY.II and BY.III). These forms should preferably be used.

BY.02 TRANSLATION (VERIFICATION)

BDEDR Sec. 308
The required verification of the translation of the international application into Russian or Belarusian consists of a simple statement signed by the applicant or by his agent.

BY.03 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

BY.04 REPRESENTATION

BPL Art. 12, BDEDR Sec. 18
Any patent attorney registered to practice before the Office may represent the applicant. The patent attorney may be appointed before entry into the national phase or during the application proceedings.

BY.05 FEES (MANNER OF PAYMENT)

BPL Art. 31, BTC Art. 262, Sec 1.1, Sec 1.2
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex BY.I.

BY.06 CLAIMS FEE

BDEDR Sec. 283
The claims fee must be computed on the basis of the number of claims valid at the beginning of the national phase (i.e., where amendments have been filed, the claims as amended under PCT Article 19 or 34(2) or the claims as submitted by the applicant under PCT Article 28 or 41 upon entering the national phase). Where the applicant fails to pay the correct amount of the claims fee upon entering the national phase, the Office will invite him to pay the missing amount within two months from the date on which he has received the invitation.

BY.07 REQUEST FOR EXAMINATION

BPL Art. 21, BDEDR Sec. 317
A patent will be granted only after examination as to substance which must be requested by the applicant or by any interested party. There is no special form for the request.

BY.08 TIME LIMIT FOR REQUESTING EXAMINATION

BPL Art. 21, BDEDR Sec. 318
Examination must be requested within three years from the international filing date. That period may not be extended or reinstated. If the request for examination is not received within that said period, the decision to refuse the grant of a patent is made.

BY.09 FEE FOR REQUESTING EXAMINATION

BPL Art. 31, BDEDR Sec. 321, BTC Art. 262, Sec. 1.1.5, Art. 263, Sec. 2
The request for examination is only effective if a fee for requesting examination has been paid. The amount of the said fee is indicated in Annex BY.I. It is reduced by 50% where an international search report or an international preliminary examination report has been established.

BY.10 FEE FOR GRANT

BPL Art. 31, BTC Art. 264, Sec. 6.8
A fee for grant must be paid within two months after receipt by the applicant of the decision to grant the patent. The amount of the fee is indicated in Annex BY.I. The fee for grant must be paid on the expiry of a specified period, but not later than six months from the date of expiry. In the latter case, the fee is increased by 50%.

BY.11 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, BPL Art. 18, BDEDR Sec. 239
Subject to payment of the prescribed fee, the applicant has the right to amend the claims, the description and the drawing(s) of his own volition, provided that the scope of the subject matter of the application is not broadened thereby, until the final decision of the Office to grant or reject the patent. The amount of the fee for amendment is indicated in Annex BY.I.

BY.12 MAINTENANCE FEES

BPL Art. 31(3), BTC Art. 264, Sec. 6.9
After a patent has been granted, maintenance fees must be paid for maintaining the patent in force. They are payable for the third and each subsequent year following the international filing date. The maintenance fee for each subsequent year must be paid within the current paid year of the patent’s term. Payment can still be made, upon filing a request for extension of time together with a 50% surcharge for late payment, within six months calculated from the beginning of the next unpaid year of the patent’s term. The amounts of maintenance fees are indicated in Annex BY.I.

BY.13 REQUEST FOR EARLIER START OF THE NATIONAL PHASE

PCT Art. 23(2), PCT Art. 40(2), BDEDR Sec. 304
If the applicant wishes the processing and the examination of his application to start before the expiration of the time limit applicable under PCT Article 22(3) or 39(1)(b), he must submit an express request therefor to the Office and at the same time furnish a copy of the international application and comply with the acts prescribed for entering the national phase.

BY.14 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), BPL Art. 27, BTC Art. 262, Sec 1.8.10
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Reinstatement may be requested where the applicant, due to legitimate reasons, has failed to comply with a time limit before the Office and non-compliance is prejudicial to his rights. A request for reinstatement of rights must be presented not later than one year from the expiration of the time limit which has not been complied with. Within the said period the omitted act must be performed, the fee for reinstatement of rights must be paid (refer to Annex BY.I) and the request must state the facts which justify the reinstatement.

BY.15 EXTENSION FEE

BPL Art. 19, Sec. 5, Art. 21.3, BTC Art. 262, Sec 1.1.9
The applicant may, against payment of an extension fee indicated in Annex BY.I, file a request for extension of a time limit for response fixed by the Examiner for a certain procedure before the Office. The request and extension fee must be filed within three months from the date on which the invitation to the applicant to take action was sent. The filing of the request and extension fee will extend the time limit for response by up to three months in case of preliminary examination and to 12 months in case of patent examination from the date of filing the extension request and depending on the amount of the extension fee paid.

BY.16 REINSTATEMENT OF RIGHTS

PCT Rule 49.6, PCT Rule 82bis, BDEDR Sec. 305, BTC Art. 262, Sec. 1.1.13
In the case of failure to perform the acts referred to in PCT Article 22 within the applicable time limit, the applicant may obtain reinstatement of his rights by presenting a request to that effect and performing the omitted acts within 12 months from the date of expiration of the applicable time limit under PCT Article 22, and by paying a prescribed reinstatement fee (refer to Annex BY.I).

BY.17

BPL Art. 35, BTC Art. 262, Sec. 1.1.15
If a patent ceases through non-payment of maintenance fees and its term of validity has not yet expired, the patent may be restored upon request of the patent owner and payment of a patent restoration fee (refer to Annex BY.I) and the maintenance fee arrears.

BY.18 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, BPL Art. 25
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the Board of Appeal of the Office within one year from the date of receipt of the decision. The ruling of the Appeal Board may be appealed against to a court of justice within six months from the date of its receipt.

BY.19 UTILITY MODEL

PCT Rule 49bis, BPL Art. 14
If, upon entering the national phase in Belarus, the applicant wishes the international application to be treated as an application for the grant of a utility model, he must use a special form to that effect (refer to Annex BY.III).

BY.20

BPL Art. 23
If the international application is for a utility model, the requirements for the national phase are basically the same as for patents, except that the applicant is not required to make a request for substantive examination.

BY.21 MAINTENANCE FEE FOR A UTILITY MODEL

BPL Art. 1, BPL Art. 3, BTC Art. 262, Sec. 1.2.8
Maintenance fees for a utility model are payable for each year of the utility model’s term, starting with the first year counted from the international filing date. The first maintenance fee must be paid jointly with the grant fee. After the expiration of five years, the term of a utility model may be extended by the Office, at the request of the owner of the utility model, for a period not exceeding five years. This request must be accompanied by a utility model renewal fee.

BY.22 CONVERSION

BPL Art. 26, BTC Art. 262, Sec. 1.2.7
The applicant may, prior to publication of the particulars of a patent application, but not later than the date on which he has received the decision to grant a patent, convert the said application into a utility model application by filing a request to that effect with the Office. The utility model application may be converted into a patent application at any time before the applicant has received the decision to grant a patent for utility model or, if the decision to refuse the grant of a patent for utility model is taken, before the expiration of the time limit for lodging an appeal against that decision. The converted application will have the priority date and the filing date of the initial application.

Annexes

Annex BY.I - Fees

For residents of Belarus, the payment of fees shall be effected in Belarusian rouble in accordance with the rate of the base value

Patents

Filing fee

90.65 BYN

Claim fee for each independent claim in excess of one

38.85 BYN

Examination fee (reduced by 50% where an international search report or an international preliminary examination report has been established)

440.30 BYN

Claim examination fee for each independent claim in excess of one

259 BYN

Fee for amendment

38.85 BYN

Fee for grant

181.30 BYN

Maintenance fees:

— for the 1^st and the 2^nd years, per year

None

— for the 3^rd and the 4^th years, per year

90.65 BYN

— for the 5^th and the 6^th years, per year

129.50 BYN

— for the 7^th and the 8^th years, per year

181.30 BYN

— for the 9^th and the 10^th years, per year

220.15 BYN

— for the 11^th and the 12^th years, per year

259 BYN

— for the 13^th and the 14^th years, per year

310.80 BYN

— for the 15^th and the 16^th years, per year

349.65 BYN

— for the 17^th and the 18^th years, per year

401.45 BYN

— for the 19^th and the 20^th years, per year

440.30 BYN

— for the 21^st year to the 25^th year, per year

595.70 BYN

Fee for reinstatement of rights (BPL Art. 27)

185 BYN

Fee for reinstatement of rights (PCT Rule 49.6)

349.65 BYN

Fee for extension of a time limit for response (per month):

— up to three months

25.90 BYN

— from three to six months

51.80 BYN

— above six months

90.65 BYN

Fee for restoration of the right of priority

185 BYN

Surcharge for late payment of the annual fee

50% of the applicable annual fee

Utility models

Filing fee

181.30 BYN

Claim fee for each independent claim in excess of one

90.65 BYN

Fee for grant

181.30 BYN

Renewal fee

349.65 BYN

Maintenance fees:

— from the 1^st year to the 3^rd year, per year

77.70 BYN

— from the 4^th year to the 6^th year, per year

103.60 BYN

— from the 7^th to the 10^th year, per year

181.30 BYN

Conversion fee

90.65 BYN

How can payment of fees be effected?

The payment of fees shall be effected in Belarusian roubles or in the equivalent amount in US dollars, euros, Swiss francs or Russian roubles. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid

Payment must be effected by transfer to one of the following accounts in:

BYN
BY04AKBB3603900000082

CHF
BY49AKBB3603900000079

EUR
BY84AKBB3603900000109

RUB
BY50AKBB3603900000066

USD
BY03AKBB3603900000095

Beneficiary’s name
National Center of Intellectual Property (Belarus)

Name of bank
JSC “SB Belarusbank”

Address
Minsk

BIC/SWIFT Code
AKBBBY 2X

GCEOR (General Classifier of Enterprises and Organizations)
00040175

TIN (taxpayer’s identification number)
190310695

Non-residents should refer to correspondent banks for payment of fees and duties

The list of accounts of JSC “SB Belarusbank” correspondent banks is available at the Office’s website (refer to: List of correspondent accounts “Nostro” at https://belarusbank.by/en/10582/10926)

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex BY.II - National processing request form for patents

Annex BY.III - National processing request form for utility models

Notes:
¹ ^aThe Office is competent only if the international search is or has been carried out by that Office.
² ^aThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
³ ^a ^bMust be furnished within two months from the expiration of the time limit applicable under PCT Article 22 or 39(1).

Processing

BY - Belarus
National Center of Intellectual Property (Belarus)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

BY - Belarus National Center of Intellectual Property (Belarus)

Error Information Warning Confirmation

BY - Belarus
National Center of Intellectual Property (Belarus)