Patent system of Ukraine
According to Ukrainian law a patent is a document evidencing the priority, authorship and ownership to invention or utility model.
There are two types of patents in Ukraine:
- Patent of invention;
- Patent of utility model.
“Invention” (as well as “utility model”) is defiled as the result of people`s intellectual activity in any field of technology. Both types of patent provide their owners with exclusive rights, but each of them has some features that should be taken into consideration before the patent procedure.
What can be patented?
In accordance with Ukrainian patent law a patent may be obtained for technical solution related to a product (in particular, a device, a substance, a microorganism strain, or a culture of cells of plants or animals) or to a method (process), or to a new application of a product or process.
The following can be patented as invention or utility model in Ukraine:
-products: devices, substance; cultures of microorganisms;
– new application of products or processes.
However, the following can not be patented as invention or utility model in Ukraine:
– plant varieties and animal breeds;
– processes of the reproduction of plants and animals that are biological in its basis and do not belong to non-biological and microbiological processes;
– integrated circuit topography; and industrial design;
– results of art constructing.
– theoretical or scientific principles, mathematical methods, plans, rules and methods for carrying out mental processes, playing games or doing business, computer programs, etc.
According to the general principles legal protection shall be granted to invention or utility model which does not contravene the public policy, humanity and morality and which complies with the requirements (conditions) of patentability.
Which are requirements of patentability?
Patent for invention shall be granted for an invention which is new, shows an inventive step and is qualified as industrially applicable.
As to utility model – a patent for utility model shall be granted for an utility model which is new and is qualified as industrially applicable. Thus, for utility model an inventive step is not required.
Term of patent`s validity
The term of patent for invention validity is 20 years.
The patent for utility model is valid for 10 years.
Patenting procedure and the requirements to the filing
The full procedure of invention patenting shall contain the following stages:
filing an application; formal examination stage; publication of application;
substantial examination stage; publication of the patent issuance and and registration thereof; granting the patent document.
The procedure of utility model patenting is more simple and shall contain less stages: filing an application; formal examination stage; publication of patent issuance and registration thereof; granting the patent document.
The main differences between patent to invention and patent to utility model
|Features||Patent for invention||Patent for utility model|
|Terms of validity||20 years||10 years|
|Terms of procedure||2-3 years||7-8 months (2-3 months)|
|Conditions of patentability||Novelty
|Patent examination||Formal examination
Substantial examination (the object is checked if it meets the conditions of patentability)
|Objects in one application||One object or a group of objects concerned with general idea||One object only|
To summarize all mentioned above, both types of patents provide their owners with the similar scope of exclusive rights. Depending on the targets of patenting and the object the applicant may chose which procedure shall be more appropriate to him.
Indeed, patent to invention shall be deemed as a “strong patent”, since before granting thereof an application shall pass the full substantial examination. During such examination the experts shall check the conformity of the patenting object with all the conditions of patentability. In contrary, application to utility model shall pass only formal examination where it is checked if all the documents have been filled, if the application has contained all information as required and if the objects are referring to objects of technology. Thus, the patent to utility model shall be granted by the Patent Office on “owner`s risk” basis, without the guarantee of the patent`s validity.
Author: Olena Gupal