INDUSTRIAL DESIGN PATENT. HOW TO APPLY? Print

An artistic or design solution for an item (article) identifying its appearance and being new and original is recognized as an industrial design that is granted legal protection. An industrial or handicraft product is considered as an item.

An application for a patent of the Republic of Belarus for an industrial design is filed with the National Center of Intellectual Property.

An application for an industrial design has to concern one or a group of industrial designs belonging to the same class of the International Classification of Industrial Designs (the Locarno Classification).

An application must contain:

  • a request for the grant of a patent, the author (coauthors) of an industrial design, a person (persons) in favor of whom a patent is sought and their place of residence or place of business being indicated;
  • a set of representations disclosing the appearance of an item in a detailed manner;
  • a description of an industrial design containing its essential features. As essential features of an industrial design are recognized the features that determine aesthetic and/or ergonomic characteristics of the appearance of an item, its shape and configuration, ornament and colour combination.

An application is accompanied with the following documents:

  • an acknowledgment of payment of the patent fee or patent fee relief, or an acknowledgment of partial payment together with the confirmation of the grounds for fee reduction;
  • a power of attorney if it is filed with a patent attorney.

Examination of an application for an industrial design doesn’t concern the compliance of the claimed industrial design with the conditions of patentability (novelty and originality).

The term of a design patent is 10 years from the filing date. At the request of the patent holder this term may be extended for no longer than 5 years.

The application materials must be drawn up in compliance with the following normative legal acts:

  • the Law of the Republic of Belarus “On Patents for Inventions, Utility Models and Industrial Designs”;
  • the Regulations on the procedure of drafting an application for a patent for an industrial design, carrying out examination and delivering the decision upon the examination;
  • the Resolution of the State Committee on Science and Technologies of the Republic of Belarus No. 4 “On Fixing Forms of Documents for a Patent for an Industrial Design” from February 2, 2011.

You can get advice on drafting an application:

Industrial designs. Q&A