Patenting inventions and utility models in Ukraine

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Publication date: 09.07.2024

Patenting inventions and utility models in Ukraine
 

Patenting is an important process of protecting intellectual property rights, which provides legal protection for inventions and utility models. This allows inventors and utility model owners to obtain exclusive rights to their innovations, which stimulates scientific and technological progress and economic development. In Ukraine, patenting is regulated by a number of legislative acts, including the Law of Ukraine "On Protection of Rights to Inventions and Utility Models". In this article, we will review the main stages, procedures and requirements for patenting inventions and utility models in Ukraine.
 

Key concepts
 

Invention
 

An invention is a technical solution that is new, has an inventive step and is industrially applicable. An invention can relate to a product (device, substance, biological material, etc.) or a process (a process of performing actions on a material object).
 

Utility model
 

A utility model is a technical solution that is new and industrially applicable, but has a lower level of inventive activity than an invention. A utility model usually relates to the structural design of a device.
 

Legal and regulatory framework
 

The main legal acts governing the patenting of inventions and utility models in Ukraine are:
 

1. TheLaw of Ukraine "On Protection of Rights to Inventions and Utility Models".
    
2. TheCivil Code of Ukraine.
    
3. TheResolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Filing and Examination of Applications for Inventions and Utility Models".
    
4. Rules for Preparing and Filing an Application for Invention and Utility Model.
    

The procedure for patenting inventions
 

Preparatory stage
 

1. Search for previous patents: Before filing an application, it is recommended to conduct a patent search to ensure that the invention is novel.
    
2. Preparation of the application: An application for an invention must contain a patent application, a description of the invention, claims, drawings (if necessary) and an abstract.
    

Filing an application
 

1. Filing anapplication with Ukrpatent: An application is filed with the State Enterprise "Ukrainian Institute of Intellectual Property" (Ukrpatent). The application can be filed both in electronic form and on paper.
    
2. Payment of the fee: An application fee is payable for filing an application. The amount of the fee depends on the complexity of the invention and the category of the applicant.
    

Examination of the application
 

1. Formal examination: Ukrpatent checks whether the application meets the formal requirements. If the application does not meet the requirements, the applicant is given time to make corrections.
    
2. Qualification examination: The invention is examined for compliance with the criteria of novelty, inventive step and industrial applicability. If the result is positive, a patent is granted.
    

Granting a patent
 

1. Decision to grant apatent: In case of successful examination, Ukrpatent decides to grant a patent for the invention.
    
2. Publication ofinformation about the patent: Information about the granted patent is published in the official bulletin of Ukrpatent.
    
3. Granting of apatent: The patent is granted to the applicant upon payment of the relevant patent fee.
    

The procedure for patenting utility models
 

Preparatory stage
 

1. Search for previous patents: Before filing an application, it is recommended to conduct a patent search to ensure that the utility model is novel.
    
2. Preparation of the application: A utility model application must contain a patent application, a description of the utility model, utility model claims, drawings (if necessary) and an abstract.
    

Filing an application
 

1. Filing anapplication with Ukrpatent: The application is filed with Ukrpatent both in electronic form and on paper.
    
2. Payment of fees: A fee is payable for filing an application. The amount of the fee depends on the complexity of the utility model and the category of the applicant.
    

Examination of the application
 

1. Formal examination: Ukrpatent checks whether the application meets the formal requirements. If the application does not meet the requirements, the applicant is given time to make corrections.
    
2. Qualification examination: The utility model is examined for compliance with the criteria of novelty and industrial applicability. If the result is positive, a patent is granted.
    

Granting a patent
 

1. Decision to grant a patent: If the examination is successful, Ukrpatent decides to grant a patent for the utility model.
    
2. Publication ofinformation about the patent: Information about the granted patent is published in the official bulletin of Ukrpatent.
    
3. Granting of apatent: A patent is granted to an applicant upon payment of the relevant patent fee.
    

Rights and obligations of patent holders
 

Rights of patent holders
 

1. Exclusive right to use: A patentee has the exclusive right to use an invention or utility model in the territory of Ukraine.
    
2. Theright to allow or prohibit use: The patentee has the right to grant permits (licences) for the use of an invention or utility model to other persons, as well as to prohibit their use without permission.
    
3. Theright to compensation for damages: A patentee has the right to claim damages in case of infringement of his or her rights.
    

Obligations of patent holders
 

1. Payment of fees: The patentee is obliged to pay annual fees for maintaining the validity of the patent.
    
2. Compliance withlicence agreements: A patentee is obliged to comply with the terms of licence agreements concluded with other parties.
    

Protection of patent holders' rights
 

Administrative protection
 

1. Appeal to Ukrpatent: A patentee may apply to Ukrpatent with a request to stop infringement of its rights.
    
2. Appeal to the Antimonopoly Committee of Ukraine: In case of infringement of patent holder's rights by unfair competition, the patent holder may apply to the Antimonopoly Committee of Ukraine.
    

Judicial protection
 

1. Lawsuits for recognition of rights: A patent holder may file a lawsuit to the court seeking recognition of the right to an invention or utility model.
    
2. Claims for damages: A patent holder may file a lawsuit for damages caused by infringement of its rights.
    

International protection.
 

1. Madrid Agreement Concerning the International Registration of Marks: Ukraine is a party to the Madrid Agreement, which allows for the protection of rights to inventions and utility models in other countries that are party to the agreement.
    
2. Patent Cooperation Treaty (PCT): Ukraine is a party to the Patent Cooperation Treaty (PCT), which allows for the filing of international patent applications.
    

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