In view of that the Patent Office of Ukraine conducts a formalities examination of a utility model application, the patent owner, on being granted a patent of Ukraine, will wonder to what extent does the registered utility model satisfy patentability conditions?
This question arises under different circumstances.
In spite of the option of doing a patent search on one’s own to answer this question, the patent owner could be interested in state examination of the granted utility model patent because an examination by the Patent Office of Ukraine will ensure the following conditions:
- increase the reliability of a utility model patent because it will identify its weak points, and hence, draw a conclusion on the practicality of further progress of the granted patent or of the need to develop a new patenting strategy with account of the actual circumstances;
- enable the patent owner to assess more accurately the court risks and the chances of success if third parties will file claims on infringement of a utility model patent;
- allow a well-timed reduction in the cost of maintaining the utility model patent and patenting it in other countries if the filed utility model will fail to meet patentability conditions (novelty and commercial applicability);
- provide a report on the utility model patent examination, thus improving the chances of finding investors that could be involved in using the utility model commercially; and
- identify third parties who are challenging the granting of a utility model patent and could provide information on its prior knowledge before the date of filing the application with the Patent Office of Ukraine.
Utility model examination includes the following actions:
- filing a request on examination of a utility model patent of Ukraine and paying the appropriate fee;
- examination by the Patent Office and drafting a report on compliance of the utility model to patentability conditions.
Depending on the actual circumstances of the case, along with filing a request on examination of a utility model patent of Ukraine, it would be reasonable to submit materials on the closest analog of the technical solution being filed, which were known to the patent owner prior to filing an application with the Patent Office. If a convention priority was requested, materials known before the priority date should be submitted.
Besides, when filing a request, it would be practical to identify the weak and strong points of the utility model patent of Ukraine and submit one’s opinion to the Patent Office examiner to account for during the examination.
The cost of examination of a utility model patent of Ukraine is summarised in the Table below:
|Description of service
|Government fee, USD
|Company services, USD
|If the inventor is the applicant
|If a legal entity is the applicant
|1. Filing a request for examination of a utility model patent of Ukraine
Inventa experts offer you the entire range of services for examination of a utility model patent of Ukraine.Print