PCT NATIONAL PHASE ENTRY
Belarus

Belarus has been a prominent Contracting Party to the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) since December 25, 1991, solidifying its position in the global intellectual property landscape. Furthermore, Belarus is an active participant in the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedures and the Patent Law Treaty (PLT), demonstrating its commitment to international patent standards. In addition, Belarus has been an influential member of the Eurasian Patent Organization (EAPO) since August 12, 1995, further enhancing its role as a key player in regional and global intellectual property matters.

The protection and management of intellectual property in Belarus involves several key organizations and bodies. These include the State Committee on Science and Technology, the National Center of Intellectual Property, and various divisions within government agencies, scientific and industrial organizations, and higher education institutions. Additionally, the judicial board on intellectual property cases at the Supreme Court, the Ministry of Internal Affairs, the Investigative Committee, and the State Customs Committee all play a crucial role in safeguarding intellectual property rights. Furthermore, patent attorneys and appraisers specializing in intellectual property and proprietary rights also contribute to the protection and enforcement of these rights.

The deadline for entering the Belarusian national phase of a PCT application is 31 months from the priority date.

A PCT-based patent application in Belarus can be processed in either Belarusian or Russian. The international application can be filed with the Belarusian Patent Office in its original language, but a translation must be submitted within two months from the date of entering the national phase in Belarus.

The 31-month deadline can be reinstated within 12 months of its expiration if the failure to meet the deadline was unintentional.

The necessary documents for filing a national phase application in Belarus include:

Power of Attorney: The original Power of Attorney must be provided to the Belarusian Patent Office within 2 months of entering the PCT national phase. Legalization or notarization of the POA is not necessary.

In Belarus, a significant 50% reduction in the examination fee is granted if an international search report or an international preliminary examination report has been conducted and submitted to the Office, offering a valuable opportunity for cost savings while ensuring a more efficient patent process.

Both formal and substantive examinations are carried out for patent applications in Belarus. A request for substantive examination must be submitted within three years from the international filing date. There is no provision for the restoration of this deadline.

The first post-grant renewals, from the 3rd year until the grant decision is made, must be paid within this period. After that, renewals are due before the start of each new year. Late payments can be made within a six-month grace period, but a 50% late fee will apply.

The validity of a patent in Belarus is 20 years from the filing date. For pharmaceutical and agrochemical patents, it is possible to apply for a 5-year extension. If the patent is extended, a Supplementary Protection Certificate (SPC) will be issued.

Belarus ranks a remarkable 26th among the 34 economies in the upper-middle-income group, highlighting its strong economic standing. Additionally, it holds the 39th position among the 39 economies in Europe, emphasizing its strategic role and influence within the region.

Belarus has a rich cultural history with significant contributions to literature, art, and music. Its economy is largely state-controlled, with major sectors including manufacturing, agriculture, and energy. The country is known for producing machinery, tractors, and textiles. It is known for its extensive forests, which cover about 40% of its land area. It also has large deposits of peat, which are used for energy production. It has a well-developed transportation system, with extensive railroads and a network of highways.