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Legislative Implementation of Flexibilities - Belarus

Title:Section 3 of the Law on Patents for Inventions, Utility Models and Industrial Designs No. 160-Z of 16/12/2002
Field of IP:Patents
Type of flexibility:Utility models
Summary table:PDF

Provisions of Law

Conditions of Patentability of Utility Models

3.-(1) A technical solution relating to a device shall constitute a utility model eligible for legal protection under this Law if it is novel and industrially applicable.A utility model shall be considered novel if the sum of its essential features does not form part of the prior art.The prior art shall consist of any kind of information which has been made available to the public anywhere in the world, before the priority date of the claimed utility model, concerning devices of similar function and their use in the Republic of Belarus. When determining the novelty of a utility model, the prior art shall likewise include all applications for the protection of inventions and utility models that have been filed in the Republic of Belarus, that enjoy earlier priority and that have not been withdrawn, and also inventions and utility models that have been patented in the Republic of Belarus.A utility model shall be considered industrially applicable if it can be used in industry, agriculture, public health and other fields of activity. Disclosure of information concerning the utility model shall not adversely affect its patentability where it has the effect of making information on the utility model generally accessible, where such disclosure is made by the applicant (or author) or by any other person who has obtained such information directly or indirectly from them and where such disclosure occurred during the 12 months preceding the filing of the application with the Patent Office. The burden of proof of the foregoing shall be on the applicant.

(2) Under paragraph (1) of this Law, no legal protection shall be granted for:

- solutions concerning solely the outward appearance of manufactured articles and intended to satisfy aesthetic requirements;

- solutions contrary to public interest, humanitarian principles or morality.

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