Registration of inventions and utility models in Ukraine

An invention is a unique or novel device, method, composition or process. The invention process is a process within an overall engineering and product development process. It may be an improvement upon a machine or product or a new process for creating an object or a result. An invention that achieves a completely unique function or result may be a radical breakthrough. Such works are novel and not obvious to others skilled in the same field. An inventor may be taking a big step in success or failure.

Objects of the invention:

  • a product (device, substance, microorganism strain, plant or animal cell culture, etc.);
  • a method as an object of technology – an action or set of actions that are applied to products and other material objects, and aimed at obtaining a technical result.

The device is characterized in structural elements and links between them, their mutual disposition, parameters, interaction, embodiment of elements or device in general, links between the elements, the material of which the element or the whole device is made.

The substance may be represented by the small molecular, large molecular and individual compounds.

The composition is characterized in qualitative and quantitative content, its structure and structure of its components.

The method is characterized in action or combination of actions, sequence and conditions of their implementation.

The patentability requirements:

  • novelty;
  • inventive level;
  • industrial applicability.

The owner of the patent for the invention has the following rights:

  • to use the invention, if the use does not violate the rights of other patent owners;
  • to prevent others from using the invention without his permission;
  • to transfer, under the contract, the ownership of the invention to any person who is its legal successor;
  • to grant permission (to license) for the use the invention under a license agreement or agreement on assignment of intellectual property rights.

The term of the patent: 20 years from the date of application.

The scope of the rights is defined by the claim.

The rights deriving from a patent valid from the date of publication of information on extradition, subject to payment of the fee for maintenance of the patent in force.

Rights arising from a patent are valid from the date of publication of information about issuing (granting), under condition of payment of the fee for maintenance of the patent in force.

Before you start the procedure of patenting, we recommend performing a patent search in the databases of Ukraine, Russia, USA, France, Germany, Great Britain, PCT, EPO to determine the appropriateness of patenting and to find the prototype and the closest analogues.

For patenting in Ukraine according to the national procedure, it is necessary to prepare a set of application materials, including:

  • Statement of the invention patenting written in the Ukrainian in the form established by the Rules, for preparing of which the necessary information is the full name of the applicant with indication of its legal address, title of the invention, the details of the inventors;
  • Description;
  • The claim;
  • Abstract;
  • Drawings (if necessary);
  • A document confirming payment of the fee for submitting an application for the patent of Ukraine on the invention;
  • Power of attorney authorizing the patent attorney to perform office work;
  • Additional documents related to claiming of convention priority.

After formal (ex officio) examination, a substantive examination is carried out (subject to payment of duties), which decides whether to grant a patent.

In the case of a positive decision, you must pay the publication fee and fee for an issuance of a patent of Ukraine for invention.

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