In Ukraine, rights to registered utility models and inventions are protected. Utility model protection lasts for a period of ten years while invention protection is effective for a period of twenty years from the date filing an application for the registration of invention (utility model).

The right to an invention (utility model) arises in Ukraine on the day following the date of registration thereof.

In Ukraine, the following rights are granted to an invention (utility model) holder:

  • - the right to use an invention (utility model);
  • - the right to permit to use the invention (utility model); and
  • - the right to prohibit improper use of the invention (utility model).

Invention (utility model) rights are protected in a judicial proceeding or otherwise in accordance with law, for example, in antimonopoly litigation, administrative litigation, and criminal litigation.

In Ukraine, courts adjudicate disputes on:

  • - authorship to an invention (utility model);
  • - identifying the invention (utility model) holder;
  • - invalidating a patent for an invention (utility model);
  • - the violation of invention (utility model) holder’s rights;
  • - the right of prior use of an invention (utility model); and
  • - the use of an invention (utility model).

The violation of rights to an invention (utility model) in Ukraine includes the use of the invention (utility model) without the invention (utility model) holder’s consent, as well as the preparation for committing such actions.

The aforementioned use shall cover, in particular; making, offering for sale, including without limitation via the Internet, putting on the market, importing, exporting or using a product in which the invention (utility model) is incorporated or to which it is applied, or stocking such a product for those purposes.

In Ukraine, nonresidents and stateless persons shall protect their rights to an invention (utility model) via Ukrainian representatives on intellectual property matters (patent attorneys).

Experts and counsels of our company will help you to prepare all the requisite representative documents and documents of title and to represent the interests of foreign right holders through the pre-trial process or legal proceedings in accordance with Ukrainian law as such law shall from time to time be in effect.