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RULES RELATING TO FEES
1. Any fee due for obtaining the invention, utility model or industrial design patent and for registering the trademark or service mark shall be paid by:
- natural persons or legal entities having their residence or principal place of business within the territory of the Republic of Belarus - in Belarusian Rouble in the amount which is the equivalent of a fixed portion of the minimum wages applicable on the date of payment;
- natural persons or legal entities having their residence or principal place of business within the territory of any State member of the Commonwealth of Independent States with which the Republic of Belarus is party to an intergovernmental agreement on the protection of industrial property - in Belarusian Rouble or in any freely convertible currency in the amount which is the equivalent of a fixed portion of the minimum wages applicable on the date of payment;
- other natural persons or legal entities having their residence or principal place of business outside the territory of the Republic of Belarus - in any freely convertible currency in the amount which is the equivalent of a fixed amount in United States currency (fixed amounts in United States currency are given herein in parentheses).
2. In order to obtain the patent for invention, the due amounts of the fees and the procedure for paying the fees shall be as follows:
2.1. |  |
Fee for filing each application for the grant of a patent for invention, BLR 0.5 (USD 100).
Additional filing fee for each invention in excess of one where the application filed relates to a group of inventions, BLR 0.2 (USD 40).
Fee for filing a Eurasian application, examining the application as to form and transmitting copies of the application to the Eurasian Patent Office, BLR 1.0 .
A document attesting payment of the filing fee shall be submitted at the time the application is filed or within two months following the date of receipt of the application by the State Patent Committee of the Republic of Belarus (hereinafter referred to as "the Patent Office") .... Where a document attesting payment of the filing fee is not submitted within the said two- month period or where the document submitted is a document attesting payment of that fee in the amount which is less than what is necessary to cover the prescribed fee for filing an application, the application shall be considered as if it had not been filed.
2.2. |  |
Fee for claiming Convention priority, except where the application filed is an application entering the national phase in accordance with the Patent Cooperation Treaty (PCT), BLR 0.25 (USD 50).
2.3. |  | |
2.4. |  |
Fee for filing a request for substantive examination of an application relating to one invention, BLR 3.0 (USD 600).
Additional claims fee for each dependent claim in excess of ten, BLR 0.1 (USD 20).
Additional examination fee in respect of an application relating to a group of inventions, 80% of the amount of the basic examination fee for each independent claim in excess of one.
A document attesting payment of the invention examination fee shall be submitted at the time the request for substantive examination is filed. Where a document attesting payment of the examination fee is not submitted within the applicable time limit, the request shall be considered not to have been filed.
In the case of any deficiency between the amount actually paid and the amount due for requesting substantive examination of the application that relates to a group of inventions or that contains two or more claims , the examination shall be carried out in respect of the inventions or claims as indicated by the applicant or, in the absence of such indication, as mentioned first in the claims, provided their examination has been paid.
Fee for the completion, specification or correction of any element of the application on the applicant's initiative, BLR 0.2 (USD 40).
Where any additional element submitted by the applicant on his own initiative or at the examiner's invitation is expected to include claims that have not been reflected in the application as filed and taken into consideration, additional claims fee for each new claim until a request for substantive examination has been filed - BLR 0.2 (USD 40), and for each new independent claim after the said request has been filed - BLR 2.4 (USD 480).
The amount of the examination fee shall be reduced by 50% where the applicant presents a copy of the international search report or international preliminary examination report established in the application for invention by any International Searching Authority or International Preliminary Examining Authority under the Patent Cooperation Treaty.
2.5. |  |
Fee for requesting an extension of a time limit for response to the examiner's action for each month so requested:
- up to three months from the date of expiration of a set period for response, BLR 0.1 (USD 20);
- from three to six months from the date of expiration of a set period for response, BLR 0.2 (USD 40);
- more than six months from the date of expiration of a set period for response, BLR 0.5 (USD 100).
A document attesting payment of the extension fee shall be submitted at the time of filing of the request to extend a set time limit for response.
2.6.
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Fee for registering each invention in the State Register of Inventions (hereinafter referred to as "the Register of Inventions"), granting a patent for invention, including any such patent which is based on the request to revalidate in Belarus an inventor's certificate granted by the Patent Office of the Soviet Union, BLR 1.0 (USD 200).
A document attesting payment of the grant fee and the maintenance fee to be paid in respect of each expired year of validity of a patent for invention and the year immediately beginning on the anniversary of taking a decision to grant the patent shall be submitted within two months from the date on which the applicant has received the decision.
A document attesting payment of the grant fee and the relevant maintenance fee may be submitted after the said two-month period has expired but not later than six months from the date of expiration of that period, in which case the grant fee and the maintenance fee shall be increased by 50%.
A document attesting payment of the grant fee and the maintenance fee in respect of the first year of validity of a revalidation patent for invention based on an inventor's certificate granted by the Patent Office of the Soviet Union shall be submitted at the time of filing of the request for the grant of that revalidation patent in Belarus.
2.7.
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Fee for maintaining a patent for invention in force (except a revalidation patent), which fee shall be paid for each year of validity of the patent, starting with the third year, counted from the date of receipt of the application by the Patent Office.
Payment of the maintenance fee for each subsequent year of validity of the patent shall be made during the current paid year of validity of that patent.
The maintenance fee for any year of validity of a patent for invention may be paid within a period of six months computed from the beginning of the subsequent unpaid year of validity of the patent, in which case the maintenance fee shall be increased by 50%.
Where a declaration is presented by the owner of the patent to the effect that he undertakes to grant any person the right to use his invention (open license), the maintenance fee shall be reduced, in prescribed manner, by 50%, starting with the year following the year of publication of the declaration.
Any maintenance fee for a revalidation patent for invention based on a valid patent for invention granted by the Patent Office of the Soviet Union shall be payable, starting with the year of validity of the revalidation patent, following the date on which the Patent Office has received a request to grant a patent in Belarus. In such a case the corresponding year of validity of the revalidation patent and the beginning of the year in respect of which the maintenance fee is payable shall be determined by the date of filing of the application with the Patent Office of the Soviet Union or by the international filing date.
Any maintenance fee for a revalidation patent for invention based on an application for a patent for invention or an inventor's certificate, which had been filed with the Patent Office of the Soviet Union or with the Patent Office of the Russian Federation before February 5, 1993, and in respect of which a decision to grant has been taken, and also for a revalidation patent for invention based on an application for a patent for invention, which had been filed with the patent authority of any State party to the Paris Convention for the Protection of Industrial Property, and the processing of which has not been completed and in respect of which a patent has not been granted, shall be payable, starting with the first year of validity of that revalidation patent in the Republic of Belarus.
The amounts of the fees for maintaining a patent for invention in force beyond each full year of validity of the patent shall be as follows:
| Year of validity of invention patent in the Republic of Belarus |
Amounts of maintenance fees per invention |
| in portions of minimum wages | in USD |
| for the 1st year | 0.5 | 100 |
| for the 2nd year | 0.5 | 100 |
| for the 3rd year | 0.5 | 100 |
| for the 4th year | 0.75 | 150 |
| for the 5th year | 0.75 | 150 |
| for the 6th year | 0.75 | 150 |
| for the 7th year | 1.0 | 200 |
| for the 8th year | 1.0 | 200 |
| for the 9th year | 1.5 | 300 |
| for the 10th year | 1.5 | 300 |
| for the 11th year | 1.5 | 300 |
| for the 12th year | 2.0 | 400 |
| for the 13th year | 2.0 | 400 |
| for the 14th year | 2.0 | 400 |
| for the 15th year | 3.0 | 600 |
| for the 16th year | 3.0 | 600 |
| for the 17th year | 3.0 | 600 |
| for the 18th year | 4.0 | 800 |
| for the 19th year | 4.0 | 800 |
| for the 20th year | 4.0 | 800 |
Any fee for maintaining a Eurasian patent in force within the territory of the Republic of Belarus shall be payable every year, following the grant of the Eurasian patent, on the anniversary of filing of the Eurasian application.
The amounts of the fees for maintaining the Eurasian patent in force beyond each full year of validity of the Eurasian patent shall be the equivalent of the amounts of the maintenance fees fixed under these Rules in respect of national patents and shall be in United States currency.
The maintenance fees for a Eurasian patent shall be reduced by 80% with respect of any person specified in subparagraphs 2 and 3 of paragraph 1 of these Rules.
2.8.
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The following fees shall be payable in respect of any international application:
- a transmittal fee for transmitting copies of the international application to the International Bureau of the World Intellectual Property Organization (WIPO), equivalent in Belarusian Rouble of 70 USD;
- a fee for requesting excuse of failure to observe a time limit for entering the national phase, missed due to the fault of the applicant, BLR 1.0 (USD 200).
3. In order to obtain the patent for utility model, the due amounts of the fees and the procedure for paying the fees shall be as follows:
3.1.
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Fee for filing each application for the grant of a patent for utility model, BLR 1.0 (USD 200).
Additional filing fee for each utility model in excess of one where the application filed relates to a group of utility models, BLR 0.15 (USD 30).
A document attesting payment of the filing fee shall be submitted at the time the application is filed or within two months following the date of receipt of the application by the Patent Office.
3.2.
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Fee for claiming Convention priority, BLR 0.25 (USD 50).
3.3.
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Fee for the amendment or correction of any element of the application on the applicant's initiative, BLR 0.15 (USD 30).
3.4.
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Fee for requesting an extension of a time limit for response to the examiner's action for each month so requested:
- up to three months from the date of expiration of a set period for response, BLR 0.1 (USD 20);
- from three to six months from the date of expiration of a set period for response, BLR 0.2 (USD 40);
- more than six months from the date of expiration of a set period for response, BLR 0.5 (USD 100).
A document attesting payment of the extension fee shall be submitted at the time of filing of the request to extend a set time limit for response.
3.5.
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Fee for registering each utility model in the State Register of Utility Models (hereinafter referred to as "the Register of Utility Models"), granting a patent for utility model, BLR 1.0 (USD 200).
3.6.
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Fee for maintaining a patent for utility model in force, which fee shall be paid for each year of validity of the patent, starting with the first year, counted from the date of receipt of the application by the Patent Office.
A document attesting payment of the maintenance fee for the first year of validity of the patent shall be submitted at the time of submitting a document attesting payment of the grant fee.
Payment of the maintenance fee for each subsequent year of validity of the patent may be made during the current paid year of validity of that patent.
The maintenance fee for any year of validity of a patent for utility model may be paid within a period of six months computed from the beginning of the subsequent unpaid year of validity of the patent, in which case the maintenance fee shall be increased by 50%.
Where a declaration is presented by the owner of the patent to the effect that he undertakes to grant any person the right to use his utility model (open license), the maintenance fee shall reduced, in prescribed manner, by 50%, starting with the year following the year of publication of the declaration.
The amounts of the fees for maintaining a patent for utility model in force beyond each full year of validity of the patent shall be as follows:
| Year of validity of utility model patent in the Republic of Belarus |
Amounts of maintenance fees per utility model |
| in portions of minimum wages | in USD |
| for the 1st year | 0.4 | 80 |
| for the 2nd year | 0.4 | 80 |
| for the 3rd year | 0.4 | 80 |
| for the 4th year | 0.6 | 120 |
| for the 5th year | 0.6 | 120 |
| for the 6th year | 0.6 | 120 |
| for the 7th year | 1.0 | 200 |
| for the 8th year | 1.0 | 200 |
3.7.
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Fee for filing a request to convert a utility model application (or patent) into an invention application (or patent), BLR 0.5 (USD 100), and, in addition, for each independent claim in excess of one, BLR 0.2 (USD 40).
3.8.
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Fee for filing a request to convert an invention application or an industrial design application into a utility model application, BLR 0.25 (USD 50).
3.9.
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Fee for filing a request to extend the term of a patent for utility model,
BLR 2.0 (USD 400).
A document attesting payment of the utility model renewal fee shall be submitted at the time of filing of the said request within the last year of validity of the patent .
Such a document may be submitted within six months following the date on which the last year of validity of the utility model patent expires, in which case the amount of the renewal fee shall be increased by 50%.
4. In order to obtain the patent for industrial design,the due amounts of the fees and the procedure for paying the fees shall be as follows:
4.1.
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Fee for filing each application for the grant of a patent for industrial design, BLR 0.25 (USD 50).
Additional filing fee for each alternative form in excess of one where the application filed relates to two or more alternative forms of an industrial design, BLR 0.1 (USD 20).
Fee for carrying out the examination of an application for an industrial design patent, BLR 2.5 (USD 500).
Additional examination fee for each alternative form of an industrial design, BLR 0.2 (USD 40).
A document attesting payment of the examination fee shall be submitted at the time of filing of the application or within two months following the date of receipt of the application by the Patent Office.
Where the document submitted is a document attesting payment of the industrial design examination fee in the amount which is less than the amount necessary for examining the application that presents two or more alternative forms, the examination shall be carried out in respect of the alternative forms as indicated by the applicant or, in the absence of such indication, as mentioned first in the documents of the application, provided their examination has been paid.
4.2.
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Fee for the completion, specification or correction of any element of the application on the applicant's initiative, BLR 0.2 (USD 40).
4.3.
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Fee for requesting an extension of a time limit for response to the examiner's action for each month so requested:
- up to three months from the date of expiration of a set period for response, BLR 0.1 (USD 20);
- from three to six months from the date of expiration of a set period for response, BLR 0.2 (USD 40);
- more than six months from the date of expiration of a set period for response, BLR 0.5 (USD 100).
A document attesting payment of the extension fee shall be submitted at the time of filing of the request to extend a set time limit for response.
4.4.
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4.5.
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Fee for maintaining a patent for industrial design in force (except a revalidation patent), which fee shall be paid, starting with the third year of validity of the patent, counted from the date of receipt of the application by the Patent Office.
Any maintenance fee for a revalidation patent for industrial design based on a valid patent for industrial design granted by the Patent Office of the Soviet Union shall be payable, starting with the year of validity of the revalidation patent, following the date on which the Patent Office has received a request to grant a patent in Belarus. In such a case the corresponding year of validity of the revalidation patent for industrial design and the beginning of the year in respect of which the maintenance fee is payable shall be determined by the date of filing of the application with the Patent Office of the Soviet Union.
A document attesting payment of the maintenance fee for the third year of validity of a patent for industrial design shall be submitted at the time of submitting a document attesting payment of the grant fee or before the third year of validity of the patent has begun.
Payment of the maintenance fee for each subsequesnt year of validity of the patent may be made during the current paid year of validity of that patent.
The maintenance fee for any year of validity of a patent for industrial design may be paid within a period of six months computed from the beginning of the subsequesnt unpaid year of validity of the patent, in which case the maintenance fee shall be increased by 50%.
Any maintenance fee for a revalidation patent for industrial design based on an application for an industrial design certificate or an industrial design patent, which had been filed with the Patent Office of the Soviet Union or with the Patent Office of the Russian Federation before February 5, 1993, and in respect of which a decision to grant has been taken, and also for a revalidation patent for industrial design based on an application for an industrial design patent, which had been filed with the patent authority of any State party to the Paris Convention for the Protection of Industrial Property, and the processing of which has not been completed and in respect of which a patent has not been granted, shall be payable, starting with the first year of validity of that revalidation patent in the Republic of Belarus.
The amounts of the fees for maintaining a patent for industrial design in force beyond each full year of validity of the patent shall be as follows:
| Year of validity of industrial design patent in the Republic of Belarus |
Amounts of maintenance fees per industrial design |
| in portions of minimum wages | in USD |
| for the 1st year | 0.25 | 50 |
| for the 2nd year | 0.25 | 50 |
| for the 3rd year | 0.25 | 50 |
| for the 4th year | 0.4 | 80 |
| for the 5th year | 0.4 | 80 |
| for the 6th year | 0.4 | 80 |
| for the 7th year | 0.5 | 100 |
| for the 8th year | 0.5 | 100 |
| for the 9th year | 0.75 | 150 |
| for the 10th year | 0.75 | 150 |
| for the 11th year | 0.75 | 150 |
| for the 12th year | 1.0 | 200 |
| for the 13th year | 1.0 | 200 |
| for the 14th year | 1.0 | 200 |
| for the 15th year | 1.0 | 200 |
4.6.
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Fee for filing a request to extend the term of a patent for industrial design, BLR 2.0 (USD 400).
5. In order to register the trademark or service mark (hereinafter referred to as "the trademark"), the due amounts of the fees and the procedure for paying the fees shall be as follows:
5.1.
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Fee for filing each application for registration of the trademark and for carrying out substantive examination of the sign in respect of which the application is filed, BLR 3.0 (USD 600), where the filing fee is BLR 1.0 (USD 200) and the substantive examination fee is BLR 2.0 (USD 400), provided the registration is sought for one class of goods or services listed in the International Classification of Goods or Services (hereinafter referred to as "the International Classification").
Supplementary filing fee for each class of goods or services in excess of one where the registration is sought for two or more classes of the International Classification, BLR 0.2 (USD 40).
A document attesting payment of the filing fee shall be submitted at the time the application is filed or within two months following the date of receipt of the application by the Patent Office, and that attesting payment of the substantive examination fee shall be submitted after the date on which the examination as to form has been completed.
Where a document attesting payment of the required fee is not submitted within the said two-month period or where the document submitted is a document attesting payment of the required fee in the amount which is less than what is necessary to cover the filing fee and the substantive examination fee in respect of one class of the International Classification, the application shall be considered as if it had not been filed.
In the case of any deficiency between the amount actually paid and the amount due for filing the application that relates to two or more classes of the International Classification, a document attesting payment of the supplementary filing fee shall be submitted not later than two months after the date on which the applicant has received an invitation to pay that fee.
Where a document attesting payment of the prescribed fee is not submitted within the applicable time limit, the examination shall be carried out in respect of the classes as paid first by the applicant or as specified by the applicant, provided their examination has been paid.
5.2.
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Fee for filing an international application under the Madrid Agreement Concerning the International Registration of Marks, BLR 1.0 ....
5.3.
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Fee for filing a request for reconsideration of the decision to register the trademark, BLR 0.25 (USD 50).
5.4.
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Fee for extending a time limit to file a request for review of the refusal to register the trademark under the Madrid Agreement Concerning the International Registration of Marks for each two months so extended:
- up to six months from the date of expiration of a set period for filing of an appeal, USD 40;
- from six to twelve months from the said date, USD 100:
- more than twelve months from the said date, USD 150.
5.5.
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Fee for the completion, specification or correction of any element of the application on the applicant's initiative, BLR 0.25 (USD 50).
5.6.
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Fee for requesting an extension of a time limit for response to the examiner's action for each two months so requested:
- up to six months from the date of expiration of a set period for response, BLR 0.2 (USD 40);
- from six to twelve months from the said date, BLR 0.5 (USD 100);
- more than twelve months from the said date, BLR 0.75 (USD 150).
5.7.
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Fee for registering each trademark in the State Register of Trademarks and Service Marks (hereinafter referred to as "the Register of Trademarks"), granting a trademark certificate, BLR 1.0 (USD 200).
Fee for registering each collective mark in the Register of Trademarks, granting a collective mark certificate, BLR 4.0 (USD 800).
A document attesting payment of the registration fee shall be submitted within two months following the date on which the applicant has received the decision to register the trademark.
5.8.
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Fee for filing a request to prolong the term of registration of a trademark, BLR 4.0 (USD 800).
A document attesting payment of the renewal fee shall be submitted at the time of filing of the said request within the last year of validity of the trademark's registration .
Such a document may be submitted within a period of six months after the date on which the last year of validity of the trademark's registration has expired, in which case the amount of the renewal fee shall be increased by 50%.
6.
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7.
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8.
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Fee for filing a request to register a license contract, BLR 0.5 (USD 100).
Fee for filing a request to make amendments to the registered license contract, BLR 0.25 (USD 50).
Fee for filing a request to register an assignment agreement in respect of any patent for invention, utility model or industrial design or trademark certificate for each patent or certificate specified in the assignment agreement, BLR 1.0 (USD 200).
Fee for presenting a declaration to grant any person the right to use any industrial property subject matter (open license), BLR 0.2 (USD 40).
A document attesting payment of the required fee shall be submitted on the date on which the request for registration of the license contract or assignment agreement is filed or the declaration to grant an open license is presented.
9.
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Fee for filing any of the following with the Examination Appeal Board of the Patent Office (hereinafter referred to as "the Examination Appeal Board"):
- an appeal against a decision to refuse the grant of a patent for invention, utility model or industrial design, taken on the substantive examination, and also against a decision to refuse the registration of a trademark, taken on the reconsideration, BLR 3.5 (USD 700);
- opposition against the grant of a patent for invention, utility model or industrial design, and also against the registration of a trademark, BLR 4.0 (USD 800).
A document attesting payment of the appeal fee shall be submitted at the time of filing of the appeal (opposition).
Where a document attesting payment of the appeal fee is not submitted, the appeal (opposition) shall be considered not to have been filed.
10.
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Fee for establishing an extract from any official register, BLR 0.15 (USD 30).
11.
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12.
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Any natural person listed below if that person is the author of the invention, utility model or industrial design and applies for a patent in his name or if that person is the owner of a patent shall be eligible for the following exemptions from payment of the fees or reductions in the fees under these Rules:
- Heroes of the Soviet Union, Heroes of Socialist Labour, persons awarded the title of the Hero of Belarus, persons bestowed with the Order of Glory (classes 1-3) or the Order of Labour Glory (classes 1-3), war veterans specified in Article 2 of the Law of the Republic of Belarus "On Veterans", persons who participated in the liquidation of the consequences of the Chernobyl disaster and group I disabled persons shall be exempted from payment of the fees;
- group II or group III disabled persons, secondary school pupils, vocational school students, specialized secondary-education school students, higher school students, and also post-graduate students shall be entitled to a 75% reduction in the fees under these Rules.
Where there are two or more authors who apply for a patent in their name or who are the owners of a patent, any exemption from payment of the fees or reduction in the fees shall only be granted to those of them who are eligible for the exemption or reduction on the basis of the fact that the amounts of the fees to be paid are equally distributed between the payers.
Copies of the document proving the entitlement to any exemption from payment of the fees or reduction in the fees shall be submitted to the Patent Office on the date on which the document attesting payment of those fees is submitted each time any payment is made.
Where a license contract or an assignment agreement is signed, any exemption from payment of the fees or reduction in the fees prescribed under these Rules shall not be granted as from the date on which the license contract or assignment agreement has been signed.
13.
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Fee for passing the qualification examinations leading to the entry on the list of patent agents, BLR 6.0, passing the re-examination, BLR 1.6, entering the name of a patent agent in the State Register of Patent Agents (hereinafter referred to as "the Register of Patent Agents") and issuing a patent agent's certificate, BLR 1.6, filing a request to record an amendment or addition to the Register of Patent Agents, BLR 1.6 .
14.
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Any payment of the fees shall be effected by transfer of the relevant amount into the bank account of the Patent Office.
The document attesting payment of the fee shall be a copy of the payment order certified by the bank or a money receipt made out by the bank.
Where any application or document is filed with the Patent Office after expiration of a period of two months from the date of entering the prescribed fee into the bank account of the Patent Office and where the amount of the minimum wages has changed by the date of receipt of that application or document, the higher amount of the fee shall be due on the basis of the new amount of the minimum wages.
The document attesting payment of the prescribed fee shall relate to only one application and shall indicate the application or protection document number and the category of the act for the performance of which the fee is paid.
Where the application number is not yet known at the time the fee is paid, the said document shall, in addition to the category of the act for the performance of which the fee is paid, also contain the title of the invention, utility model or industrial design or a short description of the trademark.
Any document attesting payment of the prescribed fee in which the particulars mentioned above are missing shall be considered null and void.
15.
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Any fee paid shall not be refunded, except where the amount paid is higher than what is necessary under these Rules or where the act in respect of which the fee was paid has not been performed.
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