Industrial design protection in Belarus allows to secure exclusive rights to the appearance of a product.

Moscow Patent Service provides the full range of legal services related to patent registration in Belarus, including:

• patent search
• patent translation
• filing and further prosecution of a patent application
• patent maintenance
• preparing and recordal of assignment and license agreements
• representing applicants before courts

We represent clients before the Belarus Patent Office and ensure a strategically sound and cost-efficient approach at every stage.

Design protection in Belarus may also be obtained via a Eurasian industrial design patent, covering multiple jurisdictions under a single procedure.

Term of Protection

The maximum term of protection of an industrial design in Belarus is 15 years from the filing date:

• 10-year initial term
• renewable for an additional 5 years

Novelty grace period: 6 months from disclosure of the design prior to filing.

What Can Be Registered as an Industrial Design?

An industrial design protects the appearance of a product, including its shape, configuration, ornamentation, and combination of elements.

A single application may include:

• one design, or
• multiple designs (variants), provided that they relate to the same object or may be identified as a kit of goods and have a single design concept.

Industrial Design Registration Procedure in Belarus

The registration procedure in Belarus is formal examination-based and does not include substantive examination.

1. Filing and Formal Examination

After filing, the application undergoes a formal examination, which takes approximately 3 months. The Patent Office verifies compliance with formal requirements.

2. Grant Decision

If the application meets all formal requirements, a decision to grant a patent is issued.

3. Grant and Publication

To proceed to registration:

• the grant fee must be paid
• the first post grant annuities must be paid

After payment, the Patent Office issues the registration certificate of the design.

The procedure of the design registration in Belarus usually takes from 6 to 12 months.

Requirements for Filing an Industrial Design Application

To file an industrial design application in Belarus, the following must be provided:

• applicant’s and author’s names, addresses, and citizenships
• figures (photographs, photocopies or files) with the general view of the design and, if possible, front, top, side, back and bottom views of the design;
• Power of Attorney signed and stamped by the applicant
  
  • notarization and legalization are not required
  • may be submitted within 2 months from filing

Priority deadline (Paris Convention): 6 months from the priority date

Foreign applicants must be represented before the Belarusian Patent Office by a registered Belarusian patent attorney.

• 1. What is the novelty grace period?
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  Disclosure of the design within 6 months before filing does not destroy its novelty, provided it was made by the inventor or the applicant or a third party that obtained said information directly or indirectly from them.
• 2. Can multiple designs be included in one application?
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  Yes. Multiple designs may be filed in one application if they belong to the same Locarno class and relate to the same object or form a set of goods and share a single design concept.
• 3. In which language should an industrial design application be filed in Belarus?
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  The official languages of an industrial design application are Russian and Belarusian.
• 4. Is a priority document required?
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  No, submission of a priority document is not required.
• 5. Who can file an industrial design application in Belarus?
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  Both local and foreign applicants can file, but foreign applicants must be represented by a registered Belarusian patent attorney.