PATENTS
 

Belarus Patent Law
The Law of the Republic of Belarus On Patents for Inventions, Utility Models, and Industrial Designs was adopted on December 16, 2002 No. 160-Z, Amended as of December 22, 2011.

Belarus Patent Filing Requirements
- Full name and address of the applicant(s);
- Full name and address of inventor(s);
- Invention specification including claims, description, abstract and drawings;
- Certified copy of priority document if convention priority is claimed (can be claimed within two months from the application filing date and filed within 16 months from the priority application filing date);
- International publication, international search report, international preliminary examination report for entry of PCT application into national phase;
- Original signed and stamped Power of Attorney by company's chief executive with the indication of the name and position of the signatory, date and place of signing (can be filed within two months from the application filing date). Legalization and notarization is not required.

Belarus Patent Registration procedure
After completion of the filing procedure the application undergoes preliminary examination within three months. As a result of the preliminary examination a decision concerning acceptance of the application for further examination is issued by the Patent Office. In case of meeting the requirements of preliminary examination the patent application is published upon expiration of 18 months from the application filing date or priority date (if any). The request for substantial examination can be filed within 3 years from the application filing date. On condition of payment of the Official Fee, the substantial examination is conducted. If the application meets the requirements of protectability the grant decision is issued. Upon payment of the official registration fee the invention is registered. The patent is issued and published within 6 months from the registration date. 

Timeframe
The average timeframe of obtaining a patent is about 2-4 years.

* The term for entering the Belarus national phase of a PCT application is 31 months from the priority date. The term for filing a conventional patent application in Belarus is 12 months from the priority date.

Duration
The validity term of a Patent in Belarus is 20 years from the filing date. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of this term for 5 years. In case the patent is extended the Supplementary Protection Certificate (SPC) is issued.

Remarks about the Patent registration procedure in Belarus:
After completion of filing procedure the Belarus patent application undergoes the formal examination. On condition that the applicant submits all required documents, the notification about positive result of the formal examination is issued. On the applicant's request, which should be filed within 3 years from the filing date, the substantive examination is conducted. If the invention meets the requirements of patentability, the grant decision is issued. After payment of the registration fee and the first post grant annuities the patent is issued.

Belarus INDUSTRIAL DESIGN Filing Requirements
- Full name and address of the applicant(s),
- Full name and address of author(s);
- Detailed description of the design including essential features;
- Photos or drawings of the design representing each view of the design;
- Certified copy of priority document if priority is claimed (can be claimed within two months and filed within three months from the filing date);
- Original signed and stamped Power of Attorney by company's chief executive with the indication of the name and position of the signatory, date and place of signing (can be filed within two months from the application filing date). Legalization and notarization is not required.

Belarus Industrial Design Registration procedure
After completion of the filing procedure the application undergoes formal examination within three months. If the application meets the requirements of protectability the grant decision is issued. Upon payment of the official registration fee the design is registered. The design patent is issued and published within 6 months from the registration date. 
Timeframe
The average timeframe of obtaining a design patent is about 12 months.

TRADEMARKS

Belarus Trademark Law
The Law that govern the trademarks in Belarus is the Trademark Act of February 5, 1993. The latest amendments were passed on January 5, 2016.
Belarus is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration.
Classification
Nice classification, 11th edition. Multiple-class applications are possible.
Document required
Simply Signed Power of Attorney. (May be filed to the Belarus Trademark Office within two months from the filing date).
Belarus Trademark Registration Procedure
The application is filed at the National Center of Intellectual Property.
The application process includes a formal examination and a substantive examination (absolute and relative grounds).
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
After registration, the trademark is published in the Official Bulletin.
National Opposition Period
* There is no procedure for official consideration of oppositions throughout the process of application and registration. Informal observations, in the form of a letter of protest, may be submitted to the Trade Marks Registry/Office throughout the process.

* Cancellation of a trademark registration on the basis of a prior registered trademark or appellation of origin is allowed only within 5 years from the date of registration publication of the contested trademark.
* Cancellation on the basis of other grounds is allowed throughout the validity of the trademark registration.
Timeframe
The processing time from first filing to registration or first office action is approx. 20-24 months. An accelerated registration is possible on the condition of payment of additional fees (approx. 12-18 months).
Belarus Trademark Registration Times 
Official notification of the receipt of the Application (3-4 months after filing). Substantive examination (20 months after official notification). 
Certificate of registration (3-4 months after Examination).
Duration
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years. Belarus allow to apply for a trademark renewal within 12 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a stipulated fine. In Belarus is possible to reinstatement of a lapsed trademark (after the expiration of a grace period) is not possible.
Belarus Grounds for trademarks cancellation, institutions and terms for filing a cancellation after registration:
1. Cancellation based on relative grounds may be filed to the Appeal Board within 5 years from publication;
2. Cancellation based on absolute grounds may be filed to the Appeal Board within the entire period of validity of the trademark;
3. Cancellation based on non-use may be filed to Court. The grace period is 3 years from registration, if an application is filed before 2010 the grace period is 5 years from registration.
Remarks of the Belarus Trademark Registration Process
After completion of filing procedure the trademark undergoes formal and substantive examination. On condition that the trademark meets the requirements of protectability the grant decision is issued. Upon payment of the registration fee the certificate of trademark registration is issued and the trademark is published in the Official Bulletin.