Patent protection in Belarus ensures legal protection of an invention and grants exclusive rights within the jurisdiction.

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 an 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.

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

Term of Protection

The validity term of a patent in Belarus is 20 years from the filing date.

Extension: up to 5 additional years for inventions relating to pharmaceuticals and agrochemicals. In such cases, a Supplementary Protection Certificate (SPC) is issued.

Novelty grace period: 12 months from disclosure of the invention before filing an application.

Patent Registration Procedure in Belarus

The patent registration procedure in Belarus is examination-based and includes the following stages:

1. Filing and formal examination

After filing, the application undergoes a formal examination.

The Patent Office verifies compliance with formal requirements and completeness of documentation. If all requirements are met, a notification of a positive result of the formal examination is issued.

2. Substantive examination

Substantive examination is conducted upon request, which must be filed within 3 years from the filing date.

During this phase, the examiner conducts a search and evaluates novelty, inventive step and industrial applicability.

3. Grant decision and patent issuance

If the invention meets all patentability requirements, a decision to grant is issued.

To proceed to grant:

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

Deadline: 3 months from receipt of a grant decision.

Timeline: in practice, the patent registration procedure in Belarus takes approximately 3 to 5 years.

Requirements for Filing a Patent Application

To file a patent application in Belarus, the following must be provided:

• applicant’s and inventor’s names, addresses, and citizenships;
• a filing number and filing date of a priority application or a PCT application;
• a specification with claims, abstract and drawings;
• a copy of amendments (if any);
• an original Power of Attorney simply signed and stamped by the applicant(s). Legalization and notarization are not required unless the PoA is signed by a proxy-holder.

Deadline for submitting PoA: 2 months from filing the application.

If priority is claimed:

• a certified copy of the priority document must be provided
• deadline: 16 months from the priority date

Belarus is a member of the Patent Cooperation Treaty (PCT).

• Entry into the Belarus national phase: 31 months from the priority date
• Direct (Paris Convention) filing: 12 months from the priority date

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

• 1. In which language should a patent application be filed in Belarus?
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  The official languages are Russian and Belarusian. If the application is initially filed in another language, a translation must be submitted two months from the date of filing.
• 2. Is a Power of Attorney required for filing?
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  Yes, an original Power of Attorney is required for filing a patent application in Belarus.
• 3. What is the deadline for submitting an examination request?
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  A request for substantive examination must be filed within three years from the filing date. This term cannot be restored if missed. For PCT applications entering the Belarus national phase, the same term applies from the international filing date.
• 4. Is there a grace period for novelty in Belarus?
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  Public disclosure by the inventor, applicant, or a third party who obtained the information from them within 12 months before filing does not affect the novelty of the invention.
• 5. Do foreign applicants need a local representative in Belarus?
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  Yes. Foreign applicants must conduct patent prosecution in Belarus through a registered Belarusian patent attorney. Direct filing without a local agent is not allowed.