Utility model patent – Utility model patenting in Ukraine

According to Ukrainian legislation (the Law of Ukraine “On Protection of Rights to Inventions and Utility Models”), a useful model is the result of a person’s creative, intellectual activity in any technological field. In this case, a patent is a protective document that certifies authorship, priority, rights to a utility model. Patenting of a utility model does not require a qualification examination. The duration of issuing a patent for a utility model is from 10 to 12 months.

By the object of a useful model we mean a device or a method (process). Property rights of intellectual property are valid for 10 years from the moment of submission of the application and subject to the annual payment of fees for maintaining the validity of the Patent for a utility model.

A utility model is patentable under the following conditions:

• Industrial suitability

A utility model can be called industrially suitable in cases where it can be used in industry or another field of activity.

• Novelty

A utility model does not have to be part of the technical layer.

• Inventive level

A technical or technological solution should be different from the generally accepted ones.

A useful model should not contradict generally accepted principles of morality and public order. In order to make sure of the patentability of a useful model, it is worth conducting a patent search. The basis of the patent search should be the so-called principle of “world novelty”. You need to analyze all available and available information on the Internet.

What documents will be needed to patent a utility model?

A patent is issued separately for each utility model (this distinguishes it from an invention, which may refer to a group of inventions).

To apply for a utility model, you must prepare the following documents:

1. Application for state registration of a utility model.
2. The formula.
3. Description.
4. Abstract.
5. Drawings (if they are included in the description).

What is a utility model patent for?

Patenting a utility model allows:

• Get a monopoly on the market

You get an exclusive right to manufacture a product or a certain process (eg treatment, manufacturing, electronic data processing, etc.). In addition, a utility model patent allows you to obtain the exclusive right to use or the right/prohibition to use an object of intellectual property.

• Capitalize the enterprise

The value of the enterprise is increased by placing and evaluating the asset on the balance sheet.

• Get a reward

The inventor may receive remuneration, for example, in the form of a bonus from the employer or a license to use the patent.

Rights to a utility model may be subject to sale and may also be granted for temporary use. The owner of the patent can receive a significant material benefit even without independent use of the object.

• Provide additional advertising

After receiving a patent, more potential buyers will know about your product.

And this is far from a complete list of the advantages of applying for a utility model patent.

The inventor or inventors may obtain a patent for a utility model, unless otherwise provided by current Ukrainian legislation.

In addition, the right to obtain a patent has:

• Employer of the inventor. We are talking about a service invention.
• Successor of the employer or inventor.

Specialists of our law firm “PRIKHODKO & PARTNERS” will provide you with all the necessary information regarding the patenting of a utility model. We will calculate the cost of patent registration and help simplify the procedure for patenting a useful model.

The price of patenting a utility model depends on the following factors:

1. Application type.
2. The complexity of the object to be patented.
3. The person who applied for a patent.

For example, if the application is filed directly by the inventor, the price of patenting will be lower. Payment for patenting services is performed in stages: for application submission, examination, publication, patent issuance, etc.

Important: an issued patent for a utility model is valid only in the territory of the country where it was issued. In other words, a patent issued in accordance with Ukrainian legislation will be valid only on the territory of Ukraine. National patents can be obtained in the country where the applicant plans his professional activity. There are also patents that can be extended to other countries at the same time (for example, Eurasian or European patents).

Among the international agreements that regulate the legislative aspects of the rights of patent owners and the patenting of utility models:

• ISA and IPEA agreements.
• Agreement on patent law.
• Paris Convention on the Protection of Industrial Property.
• Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
• Patent Cooperation Treaty (PCT).

We are waiting for you to consult with the specialists of our legal company “PRIKHODKO & PARTNERS”. Leave a request below to calculate the cost of patent registration for a utility model!