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Inventions & Utility models
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«APL Patents»,

Lesi Ukrainki Blvd, 24, оffice 39, Kiev, 01133,Ukraine

+38(067) 444-57-82, +38(068) 761-47-47, +38(099) 635-80-40

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Registration of Inventions and Utility Models

 

Objects of an invention (utility model)

The object of an invention (utility model), to which the legal protection is granted in Ukraine, may be:

- a product (device, substance, microorganism strain, plant or animal cells culture etc.);

- a process (method) as well as the novel use of a known product or process.

 

Objects that may not be registered as an invention (utility model) 

The legal protection according to the Law on the Protection of Rights to Inventions and Utility Models shall not extend to such technology objects:

- 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;

- topographies of integrated circuits;

- results of art constructing.

 

Patentability Requirements to an Invention, Utility Model 

An invention meets the patentability requirements provided that it is novel, involves an inventive step and is industrially applicable.

A utility model meets the patentability requirements provided that it is novel and industrially applicable.

The recognition of an invention (utility model) as a patentable one does not depend on the disclosure of information on the invention (utility model) by an inventor or by a person which has received such an information directly from an inventor or indirectly within 12 months before the date of filing of the application with the Office or, if the priority has been claimed, before the priority date. In this case, the person, who is interested in using this provision, is obliged to prove the circumstances of the disclosure of information.

 

Kinds and durations of the protection documents 

The priority, authorship and property right to an invention are certified by a Patent (Declarative Patent).

The priority, authorship and property right to a utility model are certified by a Declarative Patent.

The term of the Patent for an invention shall be 20 years as from the date of filing of the application with the Office.

The term of the Declarative Patent for a utility model shall be 6 years as from the date of filing of the application with the Office.

The term of the Patent for an invention, the object of which is a drug, means for the protection of animals, means for the protection of plants and for the use of which a permission of the relevant authorized body is required, may be extended at the request of the owner of this patent for a period that is equal to the period between the date of filing of the application and the date of the receipt of such a permission, but for no more than 5 years. The filing of a request is subject to the payment of the respective fee.

The term of a Declarative Patent for a utility model shall be 10 years from the date of filing of the application with the Office.

The validity of a Patent (Declarative Patent) that has been granted for a method of obtaining a product shall also extend to the product directly obtained by such method.

 

The scope of protection

The scope of the granted legal protection is defined by the patent (utility model) claims. The interpretation of the patent claims shall be accomplished within the description of an Invention (Utility Model) and relevant drawings.

 

The right for obtaining a patent

An inventor shall have a right to obtain a patent unless otherwise stated by law.

Inventors, that have jointly created an invention (utility model), shall have equal rights for obtaining a patent unless otherwise stated in the agreement between them.

An employer of an inventor shall have the right to obtain a patent for an employee’s invention (utility model).

The successor in title of an employer or of an inventor shall have the right to obtain a patent.

 

The Right of the First Applicant

If an invention (utility model) has been created by two or more inventors independently from each other, the right to obtain a patent (declarative patent) for this invention or a declarative patent for an utility model shall belong to the inventor whose application has been earlier filed to the Patent Office or, if the priority has been claimed, to the applicant whose application has the earlier date of priority, provided that the mentioned application is not considered withdrawn, was not withdrawn, or the Office did not make a decision to refuse the granting of a patent

 

Procedure for obtaining a patent

Foreign persons and stateless persons residing or having a permanent location outside Ukraine exercise their rights in relations with the Patent Office via representatives on intellectual property matters (patent attorneys) registered under the Law.

The application for an invention shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (requirement of unity of invention).

The application for utility model shall relate to one utility model (requirement of unity of utility model).

The application shall be presented in Ukrainian and shall contain:

a request for granting a patent for an invention or a declarative patent for an invention (utility model);

a description of the invention (utility model);

invention (utility model) claims;

drawings (if there is a reference to them in a description);

an abstract.

The filing of an application shall be subject to the payment of the respective fee. The document on the payment of fee shall be received by the Patent Office together with the application or within two months after the date of filing of the application. This period may be extended but for no more than 6 months provided that the relevant request has been filed before the expiry of the period and the respective fee for filing the request has been paid

 

Examination of Application

Examination of the application consists of the preliminary examination, formal examination and, by the application for a patent for an invention, - qualifying examination. The examination shall be made by the examination institute according to Law and regulations issued by the Patent Office in compliance with Law.

 

Rights Deriving From a Patent

The rights deriving from a patent shall be effective from the date of publishing the data on granting a patent.

A patent shall give the exclusive right to the owner of a patent to use an invention (utility model) at his own discretion if such a use does not infringe rights of other owners of patents.

 

Obligations Deriving From a Patent

The patent owner shall pay the respective fees for maintaining the validity of a patent and use honestly the exclusive right deriving from a patent.

 

Infringement of Rights of the Patent Owner

Any offence against rights of the patent owner that are defined in Article 28 of this Law shall be considered to be the infringement of the patent owner rights, which is prosecuted according to the current legislation of Ukraine.

On the request of the patent owner, the said infringement shall be terminated, and the infringer shall indemnify the actual damage to the certificate owner.

The person who has been granted a license shall also have the right to demand the restoration of the affected rights of the patent owner by the patent owner consent.

 

The term of obtaining a patent

The normal term of obtaining a patent - 1.5-2 years.

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