PCT Application

For Belarusian applicants patent attorneys of LEXPATENT render services on all aspects of preparing, filing and prosecuting PCT applications.

We usually do the following work related to preparing and filing a PCT application:

making sure your inventive subject-matter qualifies for patent protection,
developing a strategy for the acquisition, implementation and protection of exclusive rights to such inventive subject-matter,
doing a thorough patent search to find similar patents or those patents that are closest to the supposed invention,
preparing the description and claims of the invention,
preparing all of the documentation related to the PCT application and filing the PCT application with the National Center of Intellectual Property.

The documents and particulars required for preparing and filing an application under the Patent Cooperation Treaty (PCT):

the full information relating to a person(s) who seeks a patent (designation and address of the legal person, full name, nationality and address of the natural person);
the full name, nationality and address of the inventor (co-inventors) of the invention;
the description and claims of the invention;
the drawings and other materials, if they are necessary for understanding the essence of the invention;
the abstract;
the document attesting payment of the prescribed patent fees;
the power of attorney.

Our work relating to the prosecution of a РСТ application in the international phase includes:

analyzing the results of the international search and the written opinion of the International Searching Authority on patentability of the claimed technical solution,
assessing the advisability of entering into the national phase, especially in cases where it follows from the search report and written opinion that no patent may be granted on the application,
providing the applicant with expert advice on each stage of application prosecution in the international phase.

Our work relating to the prosecution of a РСТ application in the national phase in foreign countries includes:

choosing legal representative in respect of the application - patent attorney in each of the countries where the patent is sought,
conducting correspondence with patent attorneys in respect of the application,
preparing responses to official actions of foreign patent offices,
monitoring compliance with the procedural time limits,
providing the applicant with expert advice on each stage of application prosecution.

Our services also include:

developing and implementing a strategy for the acquisition of legal protection of inventions/utility models in other countries of the world, including the choice of foreign representatives,
conducting a freedom to operate analysis,
preparing agreements on the grant of rights to use the invention/utility model (licensing agreement), assignment of rights to the patent (agreement on assignment of exclusive rights), and their recordal with the patent authority of the Republic of Belarus or the Eurasian Patent Office,
representing the interests of the client in proceedings before the Appeal Board of the National Center of Intellectual Property, which deal with complaints against the examination decisions, objections made against the grant of the patent,
making conclusions on patent infringement relating to inventions/utility models,
settling disputes related to invention/utility model patent infringement out of court,
representing the interests of the client in proceedings before the Judicial Collegium on Intellectual Property Cases of the Supreme Court of the Republic of Belarus, including complaints against the decisions of the patent authority and disputes in connection with violation of exclusive rights of the patent holder,
representing the interests of the client in administrative and criminal proceedings related to the use of protected industrial property objects.