Conditions for granting of legal protection

Legal protection to a utility model shall be granted if it is considered to be a new and industrially applicable technical solution.

Novelty of a utility model

A utility model is new, if the scope of its essential features is not part of the technical level.

Evaluation of “novelty” of a utility model differs from the evaluation of “novelty” of an invention. A utility model requires novelty concerning the scope of its essential features (i.e. lack of information about the technical level of an identical technical solution).

Technical level includes any data available in the world about the devices that have the same purpose as the claimed utility model that has become open to public in the world before the date of a utility model priority, as well as any data about their open application in the Republic of Belarus.

While determining the novelty of a utility model the technical level shall include, on condition of the earlier priority, all unrecalled applications for the grant of a patent for an invention and a utility model filed in the Republic of Belarus by other persons, as well as patented inventions and utility models in the Republic of Belarus.

A utility model shall be industrially applicable, if it can be used in industry, agriculture, healthcare and other spheres of activity, i.e., a utility model as an invention must be applicable for use in any sectors of economy.

Legal protection is not granted to:

• solutions concerning only external appearance of a product and aimed at satisfaction of aesthetic needs;
• solutions contradicting to public interests, principles of humanity and morality.