Mikhailyuk, Sorokolat & Partners

Patent and Trademark Attorneys

Decree on payment of patent fees took effect in Belarus

Decree on payment of patent fees took effect in Belarus July 31, 2018

Decree on payment of patent fees took effect in Belarus

According to the Law "On Amendments and Additions to the Law of the Republic of Belarus "On Patents for Inventions, Utility Models, Industrial Designs" which came into force earlier on July 7, 2018 the duration of utility model was changed from 8 to 10 years from the date of filing and a new procedure was introduced - "Conducting an examination of the utility model for compliance with the conditions of patentability".

Regarding coming into force the above-mentioned law, the Science and Technology Committee of the Republic of Belarus prepared Decree of the President of the Republic of Belarus No. 298 "On Payment of Patent Fees" (hereinafter - the Decree) which took effect on July 29, 2018. The Decree provides the following patent fees:

1. For conducting a utility model examination of:

  • one utility model containing up to ten (inclusive) dependent claims, - 12 basic values;

  • one utility model containing more than ten dependent claims, - 12 basic values and 1 basic value for each dependent claim in excess of ten;
  • groups of utility models - 12 basic values and 6 basic values for each utility model in excess of one.

2. For maintaining the patent for utility model in force (annual fees):

  • ninth - 7 basic values;

  • tenth - 7 basic values.

Also, the Decree stipulates a 3-month period for conducting an examination of the utility model for compliance with the conditions of patentability which is carried out on the basis of the applicant’s request and is subject of payment of the relevant fee. However, it is worth noting that this procedure is not mandatory for the utility model registration. It is carried out in case of filing an opposition by third parties against the utility model registration.