On May 26, 2022, the ninth session of the Intellectual Property Advisory Office for exporters since the beginning of the year is completed.
The manufacturer of furniture fasteners in the form of holders for fixing shelves asked if he violated the patent for the utility model BY11614 U. valid in the Republic of Belarus.
The answer concerned the Law "On Patents for inventions, utility models, industrial designs" in force in our country.
In accordance with Article 9. of the Law, the patent holder's exlusive right is violated when an invention, a utility model or and industrial design is used without the patent holder's permission.
In accordance with paragraph 2 of Article 39 of the Law, manufacturing, application, import, offer for sale, sale, other introduction into civil circulation or storage for these purposes of a device in which the utility model is used is regarded as the use of a utility model.
A utility model is recognized as applied in a device if it uses each feature of the utility model included in a primary claim, or a feature equivalent to it and became known as an equivalent feature in this field of technology before the priority date of the utility model.
Thus, only a comparative analysis of the features of the patented utility model and the manufactured product will reveal the fact of violation of the utility model patent.
Based on the results of the consultation, the manufacturer expressed a desire to order an independent patent examination of its product with a valid utility model patent.
