Registration of a patent for an invention

An invention patent is an official security document. It certifies the authorship, priority, and ownership of the invention. Registering a patent for an invention allows you to protect the results of your work from unauthorized use.

A patent grants the following rights to its owner:

• The right to use the invention at your own discretion.
• Granting permission to use the invention to third parties based on a license agreement.
• The right to prevent improper use of the exit, including the prohibition of such use.

To obtain a patent, you need to submit an application with relevant documents to the UANIPIO. If the invention meets all the conditions of patentability, the set of documents has been drawn up correctly. Our law firm “Prikhodko and Partners” is professionally engaged in the registration of patents for inventions in Ukraine and around the world. Leave an application on the website and calculate the price of patent registration “turnkey basis” from professionals.

The term of granting a patent for an invention is 20 years. Relations that arise with the acquisition of ownership of inventions in Ukraine are regulated by the Law of Ukraine “On Protection of Rights to Inventions and Utility Models” and the Civil Code of Ukraine.

Importantly:

According to the order of Ukrpatent dated September 30, 2022 No. 214-Н/2022, the effect of some items of the List of paid services is suspended. Services for checking the materials of an invention application for compliance with all the requirements of Article 12 of the Law are suspended until the date of cancellation or termination of martial law in Ukraine.

An invention is the result of human intellectual activity in any field. According to Ukrainian legislation, an invention can be:

1. Method (process).
2. Product (substance, device, etc.).
3. A new application of a known process or product.

An invention receives legal protection in cases where it is new. Also, it must be industrially suitable and meet a certain inventive level.

What does not belong to the category of invention?         

Patents for inventions in Ukraine are issued through the State organization “Ukrainian national office for intellectual property and innovations” (UANIPIO).

The category “invention” does not include:     

1. Animal breeds and plant varieties.
2. Elements of artistic design.
3. Scientific theories, discoveries, mathematical methods.
4. Computer programs.
5. Projects and planning schemes of buildings, structures, territories.
6. Forms of information presentation (diagrams, tables, graphs, visual demonstrations).
7. Conventional signs (routes, road signs, fonts, codes, etc.).

Important: all received patents are exclusively territorial in nature. Is it still being talked about? Patents obtained in Ukraine are valid only on the territory of Ukraine. If you need to obtain a patent abroad, you should contact the patent office of foreign countries, or contact us, because we register patents abroad as well!

The procedure for obtaining a patent for an invention in Ukraine

An invention patent is issued based on the results of the qualification examination of the submitted invention application. During the qualification examination, the compliance of the invention with such conditions as:

• Inventive level.
• Novelty.
• Industrial suitability.

After a formal examination, a patent for an invention is issued. During the review process, correspondence with representatives of UANIPIO is possible regarding the compliance of the submitted application with patentability requirements. Property rights to the invention are terminated in cases of failure to pay the annual fee within the prescribed period.

Documents for registering an invention

The following documents will be required to register an invention:

1. Application for registration.
2. Information about the applicant.
3. Layout of the invention.
4. Description of the invention.
5. Application for registration of the invention in the customs register of intellectual property objects.

The requirements of patent offices for drawing up and processing documents for an application for an invention are quite strict. Failure to do so leads to lengthy correspondence between the patent office and the applicant. As a result, there is a need to correct errors in the application, increase the terms of its review, and pay additional costs. If the case concerns foreign patent offices, mistakes in the registration process lead, in most cases, to the refusal of the patent. In order to significantly save time and correctly prepare an application and other documents for obtaining a patent, it is worth considering the help of professionals.

Contacting the specialists of our PRIKHODKO & PARTNERS law firm is a guarantee of providing qualified assistance in solving various issues in the field of patent registration. We will be able to choose the most optimal option for legal protection of your intellectual creation.

Our specialists:

• A preliminary patent search will be conducted to identify analogues.
• They will help minimize the risk of patent denial.
• Support the application in the process of its examination by the Patent Office.

And this is far from a complete list of our services. We will be happy to help you in registering a patent for an invention in Ukraine and around the world – fill out an application for calculating the cost of patent registration in the form below!