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INDUSTRIAL PROPERTY INDUSTRIAL PROPERTY OBJECTS UTILITY MODELS
HOW TO FILE AN APPLICATION?


As a utility model it is admitted a technical decision related to devices and being new and industrially applicable. Devices include constructions and articles.

An application for the grant of a patent of the Republic of Belarus for a utility model is filed with the National Center of Intellectual Property (hereinafter the Center).

An application for a utility model should refer to one utility model or a group of utility models interconnected in such a way that they form a united creative concept (the requirement of utility model unity).

An application for a utility model should contain:

  • a petition for the grant of a patent with indication of a creator (co-creators) of a utility model and a person (persons) in whose name the patent is claimed;
  • a description that gives an account of the utility model sufficiently full for it to be carried out;
  • claims defining the subject matter of the utility model and fully supported by the description;
  • drawings;
  • an abstract.

To an application there are attached the following documents:

  • a document attesting payment of the patent fee (a copy of a payment order with a bank note or a bank receipt), or a document attesting the grounds for exemption from its payment or for its payment in a reduced amount; 
  • a power of attorney if an application is filed through a patent attorney;
  • a certified copy of the first application if an application is filed in accordance with the Paris Convention for the Protection of Industrial Property (a convention application). 

In the course of examination the test of a claimed utility model for patentability is not carried out.

Until the date when an applicant receives a decision of grant or in case of a refusal decision until the moment of expiration of the appealing period it is possible to convert a utility model application into an invention application.

A utility model patent is valid for five years from the date of application filing with the patent organ. The term of a utility model patent is extended by the patent organ on the petition of a  patent holder but not more than for three years.

A utility model application should be prepared and filed in accordance with the following normative-legal documents:

It is possible to consult on preparation of an application with patent attorneys of the Republic of Belarus. 

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