The patent for an industrial sample will allow to protect design of a product from the label to a chair

The contemporary IP legal base in Ukraine was founded in 1992, when the country attained sovereignty. At present we have an efficient system for protecting intellectual property that is based on several international conventions and agreements. The Ukrainian laws are currently being harmonised with the laws of the European Union.

   Ukraine is one of the Contracting Parties of the following international acts concerning industrial designs:

  • Paris Convention for the Protection of Industrial Property
  • Convention establishing the World Intellectual Property Organization (WIPO Convention)
  • Locarno Agreement establishing an International Classification for Industrial Designs
  • Hague Agreement Concerning the International Registration of Industrial Designs.

   Foreign and stateless persons have the same rights as Ukrainian citizens according to international conventions, the Constitution of Ukraine, and the Code of Laws of Ukraine. However, they can communicate with the Ukrainian Patent Office only through registered Patent Attorneys of Ukraine.

What can be an industrial design?

   An industrial design is the result of the designer's work on the appearance of an object or a product. Shape, configuration, color of an article or any combination of these features, determining appearance of manufactured articles, can be qualified as an industrial design.

The following categories cannot be qualified as an industrial design and obtain legal protection:

  • architectural objects (except small architectural forms), industrial, civil engineering works and other permanent constructions
  • printed matter
  • objects of unstable (amorphous) state consisting of liquid, gaseous, friable or similar substances.

   Though the law does not provide for the issue of design patents for printed matter, the Ukrainian Patent Office permits issue of patents for promotional postcards, stickers, packings and similar products. But it is necessary to mention that a design patent does not protect the text printed on these products. We recommend to register any text element as a trademark to obtain its protection.

The criteria that your industrial designs should meet

  • Industrial design is patentable if it is new.

 

Documentary evidence of industrial design rights

   The right of ownership to and authorship of an industrial design shall be evidenced by a patent issued by the Ministry of Economic Development and Trade. The term of industrial design patent is 10 years from the filing date of the application. The term of patent may be extended for up to an additional five-year period.

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How can you file an industrial design application in Ukraine?

There are three ways to this:

  • to file a national industrial design application
  • to file a national industrial design application according to the Paris Convention
  • to file an international industrial design application according to the Hague Agreement.

Forms (documents) required for filing an industrial design application are as follows:

  • Filing particulars – name, country of incorporation and address of the applicant(s), name, country of residence and address of the creator(s)
  • Set of images (photographs, drawings) depicting the industrial design, which give a full presentation of the outlook of the design
  • Description of the industrial design, covering all its essential features
  • Certified copy of the priority application (if claiming priority according to Paris Convention)
  • Power of Attorney signed by authorized person on behalf of applicant.

Power of Attorney does not require notarization or legalization. The copy of the priority application should be duly certified by the Patent Office of the state where the application was first filed. No other notarization or legalization is required.

 How long does it take to obtain a patent?

The Patent Office reviews a patent application within approximately 10-12 months, but there are legal ways to accelerate the procedure.

Prior tempore - potior jure

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