Invention and utility models patenting in Ukraine

What we need to know about Patenting of Invention and Utility model in Ukraine?

Special legislation (national)

The Constitution of Ukraine,

the Civil code of Ukraine,

the Law of Ukraine on the Inventions and Utility Models protection (On Protection of Rights to Inventions and Utility Models),

the Rules for drafting and filing an application for the Inventions and Utility Models, etc*.

* The list of documents of special legislation is not full.

Stages:1. the filing an application;2. formal examination;3. publication of application;4. substantive examination;5. publication and registration of the patent;6. granting of patent.

Process of patenting of invention:

Stages:1. the filing an application;2. formal examination;3. publication and registration of the declarative patent;4. granting of the declarative patent.

Process of patenting of Utility Model:

The applicant has the right to claim the priority of an earlier application on the same Invention/Utility Model within 12 months from the date of filing of the earlier application with the Office or the relevant body of the State, which is a member of the Paris Convention for the Protection of Industrial Property.

Priority

The terms of patenting

❏ The standard patenting term for invention is 2-3 years; ❏ The standard patenting term for utility model is 7-9 months; ❏ Accelerated patenting term for utility model is 2-3 months.

Bear in mind that international application shall be accomplished in Ukraine

if the Patent Office obtains the translation of this application into Ukrainian

and the document on the payment of the respective fee for filing of the application before the expiry of 31 months from its priority date.

This term can be extended for no more than 2 months provided that you pay respective fee.

The object of an Invention/Utility Model may be:

❏ a product (device, substance, microorganism strain, plant or animal cells culture etc.); ❏ a process

(method);

❏ the novel use of a known product or process.

Patent can not be granted on the: (part 1)

❏ plant varieties and animal breeds;❏ processes of the reproduction of plants and animals that are biological in its

basis and do not belong to non-biological and microbiological processes;❏ topographies of integrated circuits;❏ results of art constructing;❏ discoveries, scientific theories and mathematical methods;❏ methods of intellectual, commercial, organisational and business activity

(planning, financing, supplying, crediting, prognostication, standardization);❏ rules of the doing physical exercises, conducting of the games, contests, auctions;❏ projects and plans of the buildings, houses, territories;

Also patent can not be granted on the:

❏ symbols (road signs, routes, prints etc.), schedules, instructions;❏ computer programs;❏ forms of presentation of information (for instance, in form of tables, diagrams,

graphic, acoustic signals, pronunciation, visual presentations, books, audio- and video disks).

The Applicant

The Applicant of the Invention/Utility Model can be:❏ natural person; ❏ legal entity.

The necessary information for patenting of Invention/Utility Model:

❏ name and address of inventor;❏ name and address of applicant (if applicant is not inventor);❏ description of invention or utility model (at least essence of invention or utility

model);❏ claim of invention or utility model (if applicant can formulate);❏ drawing (if it is necessary for explanation of invention or utility model).

The period of validity

The term of

the patent for an Invention shall be 20 years as from the date of filing of the application.

a declarative patent for a utility model shall be 10 years from the date of filing of the application.

Contact us

Patent Law Company “IPStyle”Telephone: +380 (44) 393 40 12+380 (44) 362 01 89+380 (44) 491 69 30

Adress 43 Chervonoarmiyska Str., of. 29, Kyiv, Ukraine

E-mail [email protected]

WEB http://ipstyle.ua

Thank you for being with us!

Respectfully yours,Patent Law Company IPStyle