Patent registration for intellectual property in Ukraine

Different countries of the world have their own laws and regulations in the field of intellectual property. Accordingly, there are different criteria and requirements regarding which of the technical solutions fall under the patent. Ukraine also has its own peculiarities of patent registration.

Types of patents

A patent is a document certifying the authorship and rights of a person to the result of intellectual work or an invention. Among the inventions are distinguished: devices, substances or the process itself (a method of processing or manufacturing something).

Patents are systematized according to the classification of IPC-2021.01. This is an international classification in which all patents are divided into three large groups:

• Inventions

These are useful in the economy, new technical solutions. They can be applied in practice. They must necessarily correspond to the inventive level. A patent can be obtained after a qualification examination. The term of its completion is more than 18 months. The term of patent for an invention is 20 years. The term can be extended for plants, animal protection products, and medicinal products.

• Industrial samples

We are talking about the results of artistic construction. The author creates new configurations, shapes, colors of the product, etc. The industrial sample is also formally tested. Specialists compare whether this or that industrial model has the characteristics specified in the documentation. The patent is valid for 10 years with a possible extension of 5 years.

• Useful models

Examination of new, industrially suitable technical solutions is also carried out formally. This means more emphasis is placed on the documentation itself, rather than a useful model.

The duration of obtaining a patent for utility models is 6 months. The patent is valid for 10 years. After the patent expires, the invention falls under the definition of public domain. So, anyone can use it.

Our legal company “PRIKHODKO & PARTNERS” can quickly and guaranteed register a patent for your intellectual property in Ukraine or around the world and, if necessary, help with its protection in court.

Patent in Ukraine: to get or not?

A protection document can be obtained by a person or a company that has created a utility model or made a certain invention. If the inventor and the patent owner are the same person, there are discounts on the payment of official fees.

A patent for a utility model, invention, industrial design is not mandatory. However, with a patent, the inventor will have exclusive rights to use or manufacture the product. Also, the owner of the patent will be able to prohibit its use by all others, sell or transfer the rights to its use for a certain time.

If the author refuses to register the patent, anyone can copy or sell it.

The rights to own a patent.

Patents can be owned by:

• Individuals. They can be both residents and non-residents of Ukraine.
• Entities. Residents/non-residents of Ukraine.
• Groups of individuals/legal entities.

Peculiarities of patent registration in Ukraine

If you want to obtain a patent for a utility model or other invention and have the right to do so, you need to submit an application to the National Intellectual Property Authority. It is this body that accepts and considers applications.

The content and design of the application are determined by the Law of Ukraine “On Protection of Rights to Inventions and Utility Models”. An application on behalf of the applicant can be submitted through an official representative in intellectual property affairs.

An application is a set of documents that are required for state registration of a utility model or other inventions. An application for an invention can refer to one invention or to a group of inventions that are connected by a single idea.

The application contains the following data:

1. Application for issuing a patent for an invention.
2. Description of the invention.
3. The formula of the invention.
4. Drawing.
5. Abstract.

The procedure for payment of fees, application deadlines are contained in the Procedure for payment of fees for actions related to the protection of rights to intellectual property objects (Decree of the Cabinet of Ministers of Ukraine dated 23.12.2004). The application is only one of the stages of patent registration.

Also, the registration of a useful invention provides for:

• Conducting a patent information search.
• Formal examination of the application.
• Qualification examination.
• State registration and issuance of a patent.

The process of registering a patent in Ukraine may seem, at first glance, not so complicated. In practice, everything is different. If the author of the invention is not an expert in the field of intellectual property law, it is better to contact lawyers who specialize in patenting. Employees of the legal company “PRIKHODKO & PARTNERS” will help you not only to save time, but also to be sure of the correctness of all your actions. The validity of a patent for an invention begins immediately after the date of state registration and lasts for 20 years. The only requirement is timely payment of all annual fees.

Get help from real professionals in intellectual property! We guarantee you professional paperwork and obtaining a patent in cases where your invention / industrial design / utility model meets all the criteria for patentability.