Publication date: 09.07.2024
Legal regulation of patent law in Ukraine
Introduction.
Patent law is an important part of the intellectual property system that provides legal protection for inventions, utility models and industrial designs. Patents stimulate the development of science and technology by granting inventors exclusive rights to their developments and the possibility of commercializing their inventions. The legal regulation of patent law in Ukraine is aimed at ensuring proper protection of the rights of inventors and other patent holders, as well as at creating favorable conditions for innovation. In this article, we will review the main principles, regulations and bodies that regulate patent law in Ukraine, as well as the rights and obligations of patent subjects.
Basic principles of patent law
The legal regulation of patent law in Ukraine is based on several basic principles that ensure effective protection of the rights of inventors and other patent rights holders:
Theprinciple of novelty. An invention or utility model must be new, i.e. not known from the state of the art prior to the date of filing a patent application.
Theprinciple of inventive step. The invention must have an inventive step, i.e. not be obvious to a person skilled in the art.
Theprinciple of industrial applicability. An invention or utility model must be suitable for use in industry, agriculture, healthcare and other fields.
Theprinciple of exclusivity of rights. A patent grants its holder the exclusive right to use an invention or utility model, including the right to prohibit the use of the invention by third parties without the patent holder's permission.
Main regulatory acts
The legal regulation of patent law in Ukraine is based on a number of regulations, among which the key ones are:
TheLaw of Ukraine "On Protection of Rights to Inventions and Utility Models". This law establishes the legal and organizational framework for the protection of rights to inventions and utility models, and defines the procedure for acquiring, exercising and enforcing these rights.
TheLaw of Ukraine "On Protection of Rights to Industrial Designs". The law regulates the legal and organizational framework for the protection of industrial design rights, and defines the procedure for the acquisition, exercise and enforcement of these rights.
TheCivil Code of Ukraine. The Civil Code contains general provisions on intellectual property, including patent law, and defines the procedure for protecting the rights of inventors and other subjects of patent law.
International agreements. Ukraine is a party to a number of international agreements in the field of patent law, including the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty (PCT), the European Patent Convention and others.
State regulatory authorities
The main governmental authorities that regulate and supervise patent law in Ukraine are:
TheMinistry of Economy of Ukraine. The Ministry is responsible for formulation and implementation of the state policy in the field of intellectual property, including patent law, development of regulations and coordination of activities of other state bodies in this field.
Ukrainian Intellectual Property Institute (Ukrpatent). Ukrpatent receives, reviews and examines applications for patents for inventions, utility models and industrial designs, conducts state registration of rights to these objects and issues patents.
The Board ofAppeals of Ukrpatent. The Chamber of Appeals considers appeals against decisions of Ukrpatent on granting or refusing to grant patents, as well as resolves other disputes in the field of patent law.
Rights and obligations of patent subjects
Subjects of patent law are individuals and legal entities that have rights to inventions, utility models and industrial designs. The main rights and obligations of patent subjects include:
Rights of patent subjects
Theright to obtain a patent. Inventors have the right to apply for a patent for their invention, utility model or industrial design and obtain a patent if the application meets the requirements of the law.
Theright to use the object of patent law. Patent holders have the exclusive right to use their invention, utility model or industrial design, including manufacturing, use, offering for sale, selling, importing and other actions.
Theright to transfer rights. Patent holders have the right to transfer their patent rights to other persons on the basis of a rights transfer agreement or a license agreement.
Theright to protect patent rights. Patent holders have the right to apply to the court or other competent authorities to protect their patent rights in case of their infringement.
Obligations of patent law subjects
The obligation tomaintain the validity of a patent. Patent holders are obliged to pay annual fees to maintain the validity of a patent throughout its term.
The obligation to comply with theterms of patent law. Patent holders are obliged to comply with the terms of patent law, including requirements for filing an application, correctness of information and other requirements.
The obligation to grantlicenses. In certain cases provided for by law, patent holders may be obliged to grant licenses to use their invention, utility model or industrial design.
The procedure for obtaining a patent
The procedure for obtaining a patent in Ukraine includes several main stages:
Preparation of the application. The applicant prepares a patent application, which must contain a description of the invention, claims, drawings (if necessary) and an abstract. For industrial designs, the application must contain a picture of the design and a description of its appearance.
Filing anapplication. The application is filed with Ukrpatent together with the relevant documents and payment of the established fees.
Examination of theapplication. Ukrpatent examines the application, which includes formal examination (checking the correctness of the application) and qualification examination (checking whether the invention meets the criteria of novelty, inventive step and industrial applicability).
Decision to grant a patent. If the application meets the requirements of the law, Ukrpatent makes a decision on granting a patent, which is published in the official bulletin.
Granting of apatent. Upon payment of the established patent fees, Ukrpatent issues a patent to the applicant.
Protection of patent rights
Patent rights are enforced through various legal mechanisms that ensure the proper implementation of patent law. The main ways to enforce patent rights include:
Administrative protection. It is carried out by applying to state authorities, in particular to Ukrpatent or the Ministry of Economy of Ukraine.
Civil remedies. This includes filing lawsuits for recognition of rights, damages, compensation for patent infringement, cessation of actions that infringe patent rights, and other claims.
Criminal defense. Certain types of patent infringement, including the unlawful use of inventions, utility models or industrial designs, are subject to criminal liability.
Administrative sanctions. Administrative fines and other sanctions may be imposed for patent infringement in accordance with Ukrainian law.
International patenting
Ukraine is a party to a number of international patent law treaties, which provides for international patenting for Ukrainian inventors. The main mechanisms of international patenting include:
Paris Convention for the Protection of Industrial Property. This convention provides for the possibility to file a patent application in any member state within 12 months from the date of filing the first application in one of the member states.
Patent Cooperation Treaty (PCT). This treaty allows filing an international application that has the same effect as filing national applications in all PCT member states.
European Patent Convention (EPC). Ukrainian inventors can apply for a European patent, which is valid in all EPC member states.
Conclusion.
The legal regulation of patent law in Ukraine is an important tool for ensuring the protection of the rights of inventors and other subjects of patent law, stimulating innovation and commercial use of inventions. It includes the regulatory framework, activities of state regulatory and supervisory authorities, rights and obligations of patentees, and mechanisms for the enforcement of patent rights. Effective legal regulation contributes to the development of science and technology, raising the level of respect for intellectual property and ensuring a stable legal environment in Ukraine.
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