Patenting inventions and utility models under Ukrainian law and the PCT procedure
Registration of industrial designs
Patent maintenance for invention/utility model
Identification of a patenting object
Invention and Utility Model
A patent (for for invention, utility model) is a title document certifying the authorship and the ownership of an invention (a utility model).
In accordance with the Ukrainian rules, invention (a utility model) shall be the result of human intellectual activity in any field of technology.
The object of invention (a utility model) may be:
- a product (device, substance, microbial strain, plant and animal cell culture, etc.);
- a process (method),
- new application of a known product or process.
The main criteria for granting legal protection to an invention is its novelty, inventive level, and industrial applicability.
The main criteria for granting legal protection to a utility model is its novelty and industrial applicability.
A patent for an invention/a utility model may be held by an individual or a legal entity. Non-residents of Ukraine shall have the rights equal to those of citizens of Ukraine.
A patent for an invention/a utility model certifies its holder’s ownership and vests in its holder the exclusive right to use the invention/utility model, to authorize the same being used by others and to prohibit unlawful use thereof.
A patent for an invention/a utility model is valid provided that annual fees are paid for maintaining the patent validity.
ORBIS services of patenting inventions and utility models include:
Identification of a patenting object;
Conduct of a preliminary search for the possibility of patenting an invention/utility model;
Preparation and submission of the application to obtain a patent for an invention/a utility model;
Obtaining of a patent for an invention/a utility model;
Maintenance of validity of a patent for an invention/a utility model;
Preparation (and registration, if needed) of licensing agreements for the right to use an invention/a utility model;
Preparation and registration of agreements of assignment of the rights to an invention/a utility model;
Patenting of inventions under the PCT procedure.
Industrial design can be a product shape, picture or colouring or a combination thereof, which determine the appearance of the product.
The advantages of design registration:
(і) a patent (registration document) will certify the ownership of the object;
(іі) a patent will allow its owner to prohibit the industrial design from being unlawfully used;
(ііі) or, on the contrary, a patent entitle the owner to authorize any person to use the design.
For the purposes of design registration:
- An industrial design must be new. Novelty is the main condition for patentability of an industrial design. In other words, a shape, a picture, a colouring or a combination of all these features must be different from anything that has existed before the date of application for an industrial design.
- An industrial design may not be in conflict with the public order, the principles of morality and humanity.
Applications for industrial design shall not be a subject to a qualifying examination. If the object meets all the above requirements, then in 11 to 13 months following the application date, there will be issued an industrial design patent.
Objects which are not subject to legal protection as an industrial design:
- objects of architecture (other than small architectural forms), industrial, water development and other station-based facilities;
- printed matter proper;
- objects of unstable form of liquid, gaseous, powdery or similar substances.
The registration for industrial design is valid for 10 years following the application date, provided however that annual fees are paid for maintaining the validity. At the option of its holder, an industrial design registration may be extended for another 5 years.
ORBIS services of industrial designs registration include:
Conduct of a preliminary search in the database of registered industrial designs;
Preparation and submission of an application filing for industrial design registration;
Maintenance of validity of an industrial design registration;
Preparation of licensing agreements for the right to use industrial designs;
Preparation and registration of agreements of assignment of the rights to industrial designs;
Settlement of matters between authors and owners of industrial designs.