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Obtaining a patent for an invention or utility model has always been an important issue in Ukraine. This is due to the fact that the patent is a key tool for protecting intellectual property and stimulating innovative development in the country. In addition, this form of legal protection allows inventors to have exclusive rights to use their technology for a certain period, and therefore obtaining it is necessary for citizens. And therefore consideration of this topic is relevant today. In this article, we will analyze how to obtain a patent for an invention or utility model in Ukraine.
What does the concept of a patent entail?
The Law of Ukraine “On Protection of Rights to Inventions and Utility Models” contains the following definition of a patent – a protective document certifying priority, authorship and rights to an invention (utility model). Thus, with the help of a patent, the inventor not only receives protection of his intellectual property within the framework of the law, but also priority in the manufacture of his invention or utility model.
Which subjects can get a patent?
As a general rule, the inventor has the right to obtain a patent for an invention or a utility model, unless other legal provisions are provided by the legislation of Ukraine. If citizens jointly created an invention or a useful model, they have equal rights to obtain a patent. However, they can also enter into an agreement between themselves in which to additionally determine who has the right to receive a patent in the future. If a citizen made an official invention, his employer has the right to obtain a patent.
Importantly! Citizens who did not make any contribution to the development or creation of an invention, but provided the inventor with some financial, technical or organizational support during its creation, cannot be recognized as inventors.
What is the procedure for obtaining a patent in Ukraine?
A natural person who is the author of an invention or a utility model and wishes to obtain a patent must apply to the Ukrainian Intellectual Property Institute. The application can be submitted both in electronic form and in paper form at the following address – st. Dmytra Godzenka, 1, Kyiv, 01601, Ukraine.
The application must be:
- written in the state language;
- contain a description of the invention and its formula;
- have drawings (when they are mentioned in the description of the application);
- submitted with an abstract;
- if the applicant does not submit the application independently, but through a representative, then a notarized power of attorney confirming his authority should also be added.
In addition, a document on the payment of the application fee must also be added to the above package of documents. Such a document should be considered a copy of the receipt or payment order for the transfer of the fee with the appropriate mark of the financial institution. After considering the application, Ukrpatent conducts formal and qualification examinations.
In the process of conducting a formal examination, a check is made to see if the submitted application meets all the formal requirements, namely: whether the necessary documents are available, whether they are filled out correctly, whether they meet the legal requirements, and whether the object for which the applicant is requesting a patent should be classified as an invention. If everything is met, the applicant is notified in writing of the completion of the formal examination and the transition to the next stage of application evaluation.
The next stage is the qualification examination. It is carried out in order to obtain key information regarding the compliance of the invention with the legal conditions of patentability, namely:
- inventive level,
- industrial suitability, etc.
In the course of its implementation, the state enterprise may also ask the applicant to provide additional documents confirming the patentability of the invention.
The result of the qualification examination is a decision on the possibility of the applicant to carry out state registration of his invention, for which the latter will have to pay the appropriate fee. The period during which payment can be made is 3 months from the date of receipt of the decision on the state registration of the patent.
After payment of all fees, the state enterprise publishes information about the state registration of a patent for an invention or a utility model. And then, within one month, a patent is directly issued to an individual.
If you need to obtain a patent for an invention or a utility model in Ukraine, but do not know how to properly implement it in practice, then be sure to contact the Prykhodko and Partners law office.
We will advise you on all issues related to obtaining patents in Ukraine, as we have many years of experience working with similar cases. So don’t delay and ask for help!