We recommend you to get acquainted with various notions and conceptions related to objects of intellectual property, with the procedure of registration of rights thereto, as well as the official fees of the Ukrainian patent office, the Ukrainian Institute of Intellectual Property (Ukrpatent) for activities associated with the protection of rights to various objects of intellectual property.
The Law of Ukraine "On the Protection of Rights to Inventions and Utility Models" as amended on May 22, 2003 is the principal legislative act in Ukraine with respect to inventions and utility models.
Referred to as an invention (utility model) is a result of intellectual activity of a human being in any field of technology. Under the above Law, the object of an invention (utility model) may include:
A product (device, substance, microorganism strain, plant or animal cell culture, etc.);
A process (method); and
The novel use of a known product or process.
A product, in particular, may be a device, a mechanism, a system (complex) of interacting devices, structure, article, substance, matter, microorganism strain, plant or animal cell culture and another biological material including without limitation transgenic plants and animals.
A process may be an action or an aggregate of actions performed on products and other material objects with the aids of at least one product and aimed at the achievement of a certain technical result. More specifically, such a process comprises the manufacture, treatment, and processing of a product and quality control thereof; the conversion of a substance, matter, energy, data; the measurement of parameters; diagnosis; treatment; the control of a process which is an object of technology.
An invention may obtain protection if it is novel, inventive and industrially applicable. A utility model may obtain protection if it is novel and industrially applicable.
The right, title and interest in and to, the priority of, and authorship to an invention (utility model) are certified by a patent. In Ukraine, the term of an invention patent is 20 years of the date of filing. The term of utility model patent is 10 years.
In order to obtain a Ukrainian invention patent or utility model patent, you should apply for the grant of such patent by filing an application with the Ukraine’s patent office (Ukrpatent). Such application is a package of properly executed documents. In order to obtain a patent in any foreign country, you should file your application with the patent office of such country or file an international application or PCT application with a suitable patent office, called a Receiving Office, with the aids whereof a patent may be then obtained in substantially any country(ies) worldwide.
Ukrpatent, as soon as practicable after receiving an invention application, first performs an examination as to form and then an examination. Under a utility model application, an examination only is performed.
When performing an examination as to form, the examiner determines whether an object stated in the application is included in the list of objects which may be recognized as inventions (utility models) and whether the application and its execution comply with the requirements prescribed. When performing an examination, the examiner determines whether the invention complies with the patentability requirements (novelty, inventive step, and industrial applicability).
In the event that the examiner is satisfied, an invention patent (utility model patent) is granted to the applicant. For each operation (for example, for filing the application, the examination, amendments incorporated with the application, an extension of time for reply, etc.), the applicant should pay the prescribed fee to Ukrpatent. For basic fees, please refer to the table below.
Because patent offices’ requirements for the preparation and execution of documents of a invention (utility model) patent application are rather strict, failure to comply with them may result in a long-lasting correspondence between the applicant and the patent office (this especially is the case in the event of overseas patent offices); the necessity to correct some or other errors in application materials; increase in periods of time of the examination of the application; and, as a result, the necessity to pay additional fees. When filing an application with the patent office of a foreign country, any errors during the preparation of the application are fraught later on with large financial costs. Furthermore, any errors and inaccuracies increase many times the risk of the rejection of your application.
The patent attorneys and experts of Patent Law Company INVENTA will take upon themselves the preparation and execution of all of the requisite documents of an application, carry out a search to discover the prior relevant art (if any) contained in the application, prepare a competent answer to a request of a patent office’s examiner, provide any advice or consultation concerning your application, help you to save both time and money as well as to reduce substantially the risk of the rejection of your application. Inventa’s experts warrant the nondisclosure of our customers’ application materials to any third parties.
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When filing an invention (utility model) patent application, you should submit the following documents:
Materials which disclose the essence of the invention or a utility model (specification and drawings);
The full name of the applicant in the Ukrainian language (company’s name and legal address or individual’s name and place of residence);
A certified copy of a priority document (only for an application claiming priority under the Paris Convention);
The particulars of an inventor(s) in the Ukrainian language (name(s) and place(s) of residence);
Power of attorney granted to the patent attorneys to represent the interests of the applicant before the respective establishments and organizations; and
Service agreement by and between the applicant and our Company.