RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 28, 2018 No. 499

About modification and amendments in Resolutions of Council of Ministers of the Republic of Belarus

According to article 3 of the Law of the Republic of Belarus of December 18, 2017 "About modification and amendments in the Law of the Republic of Belarus "About patents for inventions, useful models, industrial designs" the Council of Ministers of the Republic of Belarus DECIDES:

1. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

1.1. in the resolution of Council of Ministers of the Republic of Belarus of February 2, 2011 No. 119 "About approval of the Regulations on procedure for creation of the request for patent grant on the invention, conducting on it examination and decision by results of examination" (The national register of legal acts of the Republic of Belarus, 2011, No. 23, 5/33282; National legal Internet portal of the Republic of Belarus, 12.10. 2012, 5/36333; 05:03. 2014, 5/38504; 05:05. 2015, 5/40468):

1.1.1. in the name and Item 1 to replace the word of "removal" with the word "acceptances";

1.1.2. in Item 2:

after the paragraph of the fifth to add Item with paragraphs of the following content:

"statements for modification of specifying of inventors in connection with change of list of authors;

statements for modification of specifying of inventors in connection with change of surname, own name, middle name (if that is available) the author (authors) and (or) its residential address (the place of stay);

statements for modification of specifying of the applicant (applicants) upon transition of the right to the patent for the invention as a result of legal succession;";

to consider the paragraph of the sixth the paragraph the ninth;

the ninth to add the paragraph with the words "under the agreement";

add Item with the paragraph the tenth the following content:

"statements for modification of instruction of the applicant (applicants) for the request for patent grant on the invention in connection with change of surname, own name, middle name (if that is available) or names of the applicant (applicants) and (or) its residential addresses (the place of stay) or the location.";

1.1.3. in Regulations on the procedure for creation of the request for patent grant on the invention, conducting on it examination and decision by results of examination approved by this resolution:

in the name and Item 1 to replace the word of "removal" with the word "acceptances";

in Item 2:

the ninth to exclude the paragraph;

the tenth or fifteenth to consider paragraphs respectively paragraphs the ninth or fourteenth;

state Item 3 in the following edition:

"3. The invention to which legal protection is provided the technical solution in any area which is relating to product (in particular, to the device, substance, microorganism strain, culture of cages of plants or animals, other biotechnological product) or to method, and also application of product or method on certain appointment, being new, having inventive level and industrially applicable is recognized.";

exclude Item 5;

to state subitem 6.3 of Item 6 in the following edition:

"6.3. invention formula which shall express its essence, to be clear, exact and completely to be based on the description;";

in Items 10 and 11 to replace the word of "three" with the word of "two";

from Item 26 paragraph two the second offer to exclude;

in Item 44:

in subitem 44.2:

in the paragraph the second shall be replaced with words the words "in the presence" "if that is available";

the paragraph third after the word "structure" to add with the word "(system)";

add Item with subitem 44.4-1 of the following content:

"44.4-1. data on creation of the invention fully or partially at the expense of means republican and (or) local budgets, including the state trust budget funds, and also state non-budgetary funds within implementation of scientific and scientific and technical activities (further - the specifications and technical documentation) if the invention is created within such activities (for national applicants). At the same time are specified:

the program within which it was performed by the specifications and technical documentation;

whom is the applicant (applicants) within the program - the state customer, the contractor, person to whom the rights to the patent for the invention are transferred by the state customer (contractor);

sources of financing of the specifications and technical documentation;";

in subitem 44. The paragraph the second subitem 44.9 and the paragraph the second subitem 44.13 of the word "in the presence" shall be replaced with words 8, "if that is available";

state subitem 44.12 in the following edition:

"44.12. number of the figure of drawings (if figures a little) offered for the publication with invention formula in the statement of patent body. If number of figure is not specified, then the first figure of drawings is published;";

from part two of Item 46 of the word "Republic of Belarus" and ", the signature is sealed the legal entity" to exclude;

in Item 49:

in subitem 49.6:

in the paragraph the second shall be replaced with words the words "in the presence" "if that is available";

the paragraph third after the word "structure" to add with the word "(system)";

in subitem 49. The paragraph the second subitem 49.10 and the paragraph the second subitem 49.13 of the word "in the presence" shall be replaced with words 9, "if that is available";

add Item 55 with part two of the following content:

"The name of the invention serves the information purposes and can not match with the generic term given in invention formula reflecting purpose of the invention.";

in Item 56:

the paragraph one after the word "Exception" to add with words ", in particular,";

add Item with subitem 56.3 of the following content:

"56.3. names of the inventions entering into group of inventions and relating to means of one appointment, but not being options (for example, methods of obtaining, production).";

", for example," to exclude the word from Item 57;

the second offer of part one of Item 102 to state in the following edition: "Digital designation of structural element in the description shall be specified directly after the word to which it belongs and to correspond to its digital designation on drawing figure.";

in Items 106, of 107, parts one and the second Item 116 to replace the word "realization" with the word "uses";

exclude Item 111;

from Item 113 the second offer to exclude;

add the Provision with Item 113-1 of the following content:

"113-1. For chemical compound with the established structure, chemical compound or other substance with unspecified structure the method by which they are received is described, and the possibility of use of connection or substance on the declared appointment proves to be true, and for biologically active agents indicators of their activity (if necessary - toxicity and (or) selectivity of action) and other indicators are given.";

in Item 125 to replace the word of "connections" with the word of "products";

state Item 129 in the following edition:

"129. For the invention relating to application of product or method on the certain (declared) appointment the description joins the data confirming sales opportunity of the invention on this declared appointment with indication of properties and characteristics of the object which is used.

If the invention belongs to application of product for treatment, diagnostics or prevention of certain disease of people or to application of product or method for treatment, diagnostics or prevention of certain disease of animals, the authentic data confirming suitability of object respectively for treatment, diagnostics or prevention of this disease are specified.";

state Item 131 in the following edition:

"131. The formula of the invention shall be clear and exact, that is signs in formula shall be expressed so that to provide possibility of their identification, unambiguous understanding by the specialist based on the known level of the technology of semantic content of concepts by which these signs are characterized.";

add Item 146 with part three of the following content:

"The independent Item of formula shall not contain the signs characterizing the invention in the special cases of its implementation specified in brackets or entered with use of parenthesises such as "for example", "in particular", it is "preferential", "preferable" also similar.";

in Item 147:

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