Title I

Legal Protection of Inventions, Utility Models and Industrial Designs

Article 1

Patents for Inventions, Utility Models and Industrial Designs

1. Rights in inventions, utility models and industrial designs shall be protected by the State and attested to by a patent.

2. A patent for an invention, a utility model or an industrial design shall attest to the authorship of the invention, utility model or industrial design, the priority date thereof and the exclusive right to exploit the invention, utility model or industrial design.

3. The term of the patent shall begin on the date of filing of the application with the National Center of Intellectual Property (hereinafter referred to as “the Patent Authority”).

         The term of an invention patent shall be 20 years as from the filing date of the application. Where the use of the substance containing an invention requires, in accordance with legislation in force, the authorization of the competent body, the term of the invention patent shall be extended by the Patent Authority, at the request of the patent owner, for a period not exceeding five years.

         The term of a utility model patent shall be 5 years as from the filing date of the application and may be extended by the Patent Authority, at the request of the patent owner, for a period not exceeding three years.

         The term of an industrial design patent shall be 10 years as from the filing date of the application and may be extended by the Patent Authority, at the request of the patent owner, for a period not exceeding five years.

4. When counting the time limits referred to in the third paragraph of this Article in respect of the patent on the divisional application enjoying the priority in accordance with the sixth paragraph of Article 16 of this Law,  the filing date of the divisional application shall be deemed the filing date of the initial application.

5. The scope of the legal protection  conferred by an invention patent or utility model patent shall be determined by the invention or utility model claims. The invention or utility model claims shall be construed as the logical definition of the invention or utility model by the sum of all essential features thereof.  The description and the drawings may serve only to interpret  the invention or utility model claims.

6. The scope of the legal protection conferred by an industrial design patent shall be determined by the sum of its essential features as shown in the graphic representations of the article (model, design).

7. The procedure for the granting of the legal protection for inventions, utility models and industrial designs  that have been declared secret in the established manner and for the handling of secret inventions, utility models  and industrial designs shall be laid down by law.

Source: Law of the Republic of Belarus on Patents for Inventions, Utility Models and Industrial Designs  Entered into force on 16.12.2002, edition from 29.10.2004