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The procedure for obtaining a patent for an invention

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Consultant # 1306
Consultant # 1306
Lawyer
Ukraine / Kyiv

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Publication date: 07.06.2024

The procedure for obtaining a patent for an invention

In order to protect one's rights to an invention and ensure the monopoly right to its use, one must obtain a patent in accordance with the legislation of Ukraine. This is a lengthy legal process that requires careful preparation and compliance with all established requirements. In this article, we will consider in detail the procedure for obtaining a patent for an invention.

At any stage of patent registration, a qualified "lawyer's consultation" or "lawyer's help online" may be needed. An experienced "lawyer online" will be able to conduct a thorough "legal analysis of the situation" and provide a well-founded "legal opinion", which will help to avoid mistakes and speed up the patenting process.

Preparatory stage First of all, it is necessary to make sure that the object meets the criteria of the invention according to the law. The invention must be new, have an inventive step and industrial applicability. At this stage, it is advisable to seek "lawyer's advice" for a proper assessment of the object and determination of the most profitable patenting strategy.

Submitting an application The next step is to submit an application for the issuance of a patent to Ukrpatent (the National Intellectual Property Authority). The application includes: a statement of the prescribed form, a description of the invention, a formula of the invention, a drawing (if necessary) and an abstract. The requirements for the preparation of these documents are quite strict, so it is recommended to use the "help of a lawyer online" for the proper preparation of the application.

Examination of the application After submitting the application, Ukrpatent conducts a formal, search and qualification examination. This process can last up to 3 years and involves sending requests and comments to the applicant based on the results of the examination.

At this stage, it is extremely important to respond in a timely and competent manner to all requests for expertise. In difficult cases, it will be appropriate to "consult a lawyer", who can provide a qualified "legal opinion" and recommendations for correcting the application materials.

Publication and possible disputes If the examination results are positive, information about the application will be published in the official bulletin "Industrial Property". Within 6 months after publication, any person may submit a reasoned objection to the issuance of a patent.

If there are disputes or objections to the issuance of a patent, immediately seek "attorney help online". A specialist will be able to formulate a convincing legal position, conduct a comprehensive "legal analysis of the situation" and effectively defend your interests.

Issuance of a patent In the absence of objections and successful examination, the applicant will be issued a patent for an invention for a period of 20 years with the possibility of extension.

Obtaining a patent is only the beginning of the journey. Subsequently, there may be a need to transfer the rights to the invention, conclude a license agreement, or protect against infringement of patent rights by third parties. At all these stages, it will be appropriate to "consult a lawyer" to choose the optimal legal strategy.

Obtaining a patent for an invention is a complex and lengthy process with many legal nuances. In order to avoid mistakes and ensure effective protection of your rights, it is recommended to apply for "help of a lawyer online" at all stages. An experienced "online lawyer" will be able to provide a substantiated "legal opinion" and conduct a comprehensive "legal analysis of the situation" in accordance with the requirements of Ukrainian legislation.

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