of June 16, 2003 No. 18
About approval of Rules of creation, giving and consideration of the request for patent grant on industrial design
According to the Law of the Republic of Belarus of December 16, 2002. "About patents for inventions, useful models, industrial designs" (2003, No. 1, 2/909) the Committee on science and technologies under Council of Ministers of the Republic of Belarus decides the national register of legal acts of the Republic of Belarus:
1. Approve the enclosed Rules of creation, giving and consideration of the request for patent grant on industrial design.
2. Recognize invalid Corrected creation and applications for industrial design approved by the State patent committee of the Republic of Belarus of May 29, 1997. (Bulletin of normative legal information, 1997, No. 14).
Chairman A. M. Rusetsky
Approved by the Resolution of Committee on science and technologies under Council of Ministers of the Republic of Belarus of June 16, 2003 No. 18
Rules of creation, giving and consideration of the request for patent grant on industrial design are approved according to the Law of the Republic of Belarus of December 16, 2002. "About patents for inventions, useful models, industrial designs" (The national register of legal acts of the Republic of Belarus, 2003, No. 1, 2/909) also establish procedure for creation, giving and consideration of the request for patent grant for industrial design (further - the request).
1. The art or art and design solution of product determining its appearance and being new and original belongs to industrial designs. At the same time the product is understood as subject of industrial or handicraft work.
2. Industrial designs can be volume (models), plane (drawings) or constitute their combination.
3. Volume industrial designs represent composition which cornerstone the volume and space structure, for example, the art and design decisions determining appearance of the machine, farm vehicle, the motorcycle, the suspended boat motor, etc. is.
4. Plane industrial designs represent the composition with two-dimensional structure which is characterized linearly - graphical ratio of elements, for example, the art and design decisions determining appearance of carpet, kerchief, scarf, fabric, etc.
5. Legal protection is not represented and the patent for industrial design is not granted:
to the decisions caused by exclusively technical function of product;
to the decisions contradicting public concerns, the principles of humanity and morals;
to architecture objects (including to industrial, hydraulic engineering and other fixed constructions), except small architectural forms;
printed materials as such;
to objects of unstable form from liquid, gaseous, loose and it similar substances.
6. The requirement of unity of industrial design means that the request shall belong to one industrial design or group of the industrial designs connected among themselves so that they form single creative intention.
7. One industrial design is understood as the art and design solution of both single product, and set (set) of the products having general purpose (for example, furniture set, service, etc.).
The single product is understood as the whole product (for example, the car), and as the product which is its part (for example, bumper, headlight).
8. The group of industrial designs (further - options of industrial design) is understood as the art and design solutions of the same product (set, set) differing on set of the essential signs determining identical esthetic and (or) ergonomic features of product.
9. The request shall contain the documents specified in Item 2 of article 15 of the Law of the Republic of Belarus "About patents for inventions, useful models, industrial designs".
10. Along with the request for industrial design or in time, stipulated in Item 4 articles 15 of the Law of the Republic of Belarus "About patents for inventions, useful models, industrial designs", the document confirming payment of duty on application in the established size or the copy of the document confirming the bases for duty relief or reduction of its size, certified in accordance with the established procedure is submitted.
11. With purchase of conventional priority (the daleekonventsionny request) the verified copy of the first application submitted by the applicant in the State Party of the Parisian convention on protection of industrial property (further - the first request) which is submitted in time, established by part three of Item 3 of article 16 of the Law of the Republic of Belarus "About patents for inventions, useful models, industrial designs" is attached to the request. If it is several first requests, copies of all these requests are attached.
The request for establishment of conventional priority can be submitted in case of application (it is provided in the corresponding column of the petition) or during the term established by part three of Item 3 of article 16 of the Law of the Republic of Belarus "About patents for inventions, useful models, industrial designs".
12. The power of attorney confirming powers of the patent agent is attached to the application submitted through the patent agent.
The power of attorney is submitted along with the request or within two months from receipt date of the request in patent body.
13. The petition is submitted in form according to appendix 1 to these rules and shall contain all necessary data. The application shall be signed by the applicant or the patent agent.
If no data can be placed in the corresponding graphs of the statement, they are represented in the same form on additional leaf with indication of in the corresponding column of the statement "see continuation on additional leaf" or "Data are provided on the additional sheet".
The additional leaf is signed by the applicant or the patent agent.
14. The columns of the application blank located over the word "Statement" are not filled in with the applicant.
The exception is constituted by the column "see appendix" which is filled in if the statement has continuation on additional leaf, by prostanovka of the sign "X" in the corresponding empty square of this column.
15. The information about the applicant (applicants) is provided in the column containing request for extradition of the patent of the Republic of Belarus after the words "Applicant(s)": the surname, name and middle name (if it is used) physical person, and surname is specified before name, and/or full name of the legal entity according to the constituent document in the Nominative case, and also according to data on their residence, the location, including the name of the country and the address.
Data on residence of the applicants who are authors of industrial design are not provided in this column, and given in the column "Residential address" on the second page of the statement.
For the legal entities or physical persons which are applicants the country code according to the standard of the ST.3 World Intellectual Property Organization (WIPO) is specified (if it is established).
If it is several applicants, the specified data are provided for each of them.
16. The column containing request for establishment of priority is filled in only when the priority earlier, than date of application in public institution "National center of intellectual property" is asked (further - patent body).
In this case the sign "X" in the corresponding squares notes the bases for purchase of priority and are specified: number of earlier request based on which or additional materials to which the priority, and date of the asked priority is asked (date of submission of earlier request or receipt date of additional materials to earlier submitted application).
If the priority is asked based on several requests, numbers of all requests and in appropriate cases several dates of the asked priority are specified. In case of purchase of conventional priority the giving country code according to the VOIS ST.3 standard is specified.
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The document ceased to be valid according to the Resolution of the State committee on science and technologies of the Republic of Belarus of December 2, 2010 No. 22