Patent protection is the most reliable way to safeguard innovative technical achievements which provides you the right to prohibit third persons from making, using, selling, advertising, or importing in the country your invention (utility model) and exporting it. On the other hand using patents only on own facilities is not always possible and in some cases not advantageous. Thus under Ukrainian legislation patent holder has a right to dispose of his intellectual property: to use it at own enterprise or assign rights to other parties.
Patent owner can transfer his exclusive property rights to dispose of an invention or utility model to other persons through the following agreements:
- Non-exclusive license or
- Exclusive license.
Each of the above agreements has its own features, namely:
a non-exclusive license, also called licensing agreement, provides to licensee the appropriate and defined scope of rights to use the intellectual property. It specifies royalty fees and the ways in which the licensed party can use the patented invention or utility model. On the other hand under such kind of agreement the licensor remains free to exploit the same invention (utility model) and to allow any number of other licensees to also exploit the same intellectual property. A non-exclusive license can undergo state registration and is valid without it. However, parties are free of choice to register it or not.
An exclusive license, also called agreement on the assignment of exclusive intellectual property rights, provides to licensee exclusive rights to use an invention (utility model). It means that no other natural person or legal entity, including licensor, can exploit intellectual property rights. Note that an exclusive license is a subject to state registration.
Preparing of any contract related with intellectual property rights demand an appropriate experience and professional skills which can be obtained in the day-to-day practice in this area. Thus it is obviously that conclusion of such treaties requires the involvement of a specialist. Skilled professionals of our company will give you a professional consultations and help on disposition on Ukrainian patents.
The table below represents the basic costs of legally relevant actions related to disposal of intellectual property rights in Ukraine.
Schedule of charges for disposal of inventions and utility models in Ukraine
|Governmental fee, Euro
|Company services, Euro
|1. Drafting of the license (exclusive or non-exclusive)
|2. Preparation of documentation and filling a request for state registration of a license (exclusive or non-exclusive)
|3. Preparing and submitting documents for the purpose of making amendments to the State Registry on the license granted
|4. Making an inquiry about patent’s legal status (invention or utility model) in Ukraine
|5. Filing a request for a copy of the registered agreement on disposal of rights in an invention of Ukraine
|6. Translation from English or German into Ukrainian (100 words)