Obtaining a patent for an industrial design is becoming more and more popular every year. This is explained by several factors. First, competition in the market of economic relations forces companies to protect their developments and technologies more actively. Secondly, the intensive development of global markets at the international level makes it extremely important to obtain industrial design patents, as it contributes to the reliable protection of intellectual property rights when the company enters international trade. Thirdly, the state’s understanding of stimulating new innovations in the country significantly contributes to the increase in the number of submitted applications for obtaining patents for industrial designs. That is why the registration of a patent for an industrial design in 2023 is extremely urgent. Lawyers from the “Prykhodko and Partners” law office provide assistance in the registration of a patent for an industrial design throughout the territory of Ukraine.
What is the definition of an industrial design in Ukraine?
From the analysis of normative legal acts of Ukraine, it can be said that an industrial design should be understood as the result of a citizen’s creative activity in the field of artistic design.
For example, the following should be considered an industrial design: the shape of a bottle, furniture (chair, sofa, wardrobe), model of clothing and shoes, label design on various products, appearance of a vehicle or smartphone, any other equipment, etc.
It is also worth noting that industrial samples should be divided into:
- volumetric (product models);
- planar (drawings, paintings);
- combined (consist of a volume and have a certain plane).
In addition, it can be said that a patent certifies the acquisition of an intellectual property right to an industrial design and it is a document that performs the function of protecting the result of your creative activity.
How can you get a patent for an industrial design in Ukraine?
Obtaining a patent for an industrial design in Ukraine consists of several stages, namely:
- Submission of application to SE “Ukrainian Institute of Intellectual Property”. At this stage, the applicant personally or through his representative submits the necessary package of documents together with the application, namely: a detailed description of the industrial design; a drawing, diagram or map (if it is necessary to describe the industrial design in more detail); a set of images of the product (be it the product itself, its mock-up, or a drawn picture), which allow you to have a full idea of its future appearance; receipts for payment of relevant fees for obtaining a certificate for an industrial design. The applicant can submit the documents by directly appearing at the state institution, or by sending a package of documents by mail, or get such a service online. The application must be made in Ukrainian;
- Examination. At this stage, at the request of the legislation of Ukraine, an examination of the submitted documents is carried out, namely: a check is made for the correctness of the application and other documents, in addition to this, the classification of the object of the industrial design is carried out. If violations of legal requirements were detected during the examination, in this case, the applicant receives a notification that his documents contain certain deficiencies and a deadline is set for their elimination;
- Issuance of a certificate for an industrial design. In case of successful examination of the submitted documents, the applicant receives the specified decision.
- State registration of the certificate. It is carried out in the event that there are supporting facts about the payment of the relevant duty and fees for issuing a certificate for an industrial design.
Importantly! In the case of obtaining a certificate for an industrial design, its validity period is 5 years. And therefore every 5 years you need to renew the legal validity of this certificate and pay the appropriate fee for this procedure.
What fee is required to obtain a patent for an industrial design?
If your permanent place of residence is in the territory of Ukraine, then the legislative acts establish the cost (fee) for obtaining a patent for an industrial design equal to one tax-free minimum income of citizens.
If you are a foreign national or an out-of-state resident, the fee is $100.
How can the Prykhodko and Partners law firm help in solving the issue of obtaining a patent for an industrial design?
Our specialists can significantly speed up obtaining a patent for industrial communication, while providing the following services:
- consulting – professional consulting on management, accounting and tax accounting;
- study of existing patents and analysis of legal possibilities for obtaining a new patent;
- drawing up a description of the external unique features of the object of the industrial design;
- drawing up the entire necessary package of documents, including an application for obtaining a patent for an industrial design;
- providing support and legal support during the examination;
- direct obtaining of the industrial design certificate without the participation of the applicant;
- payment of all necessary fees;
- provision of international patenting services, etc.
If you need to obtain a patent for an industrial design and you do not know how to do it legally, then in such a situation, be sure to contact the Prykhodko and Partners law office. Our specialists will prepare the entire package of necessary documents for obtaining a patent, and will also provide full legal support during the conduct of your case. To calculate the price of a patent for an industrial design, fill out the form below.