Legal protection of technical innovations by patenting inventions and utility models

   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 regulating protection of inventions and utility models:

  •  Paris Convention for the Protection of Industrial Property
  • Convention establishing the World Intellectual Property Organization (WIPO Convention)
  • Patent Cooperation Treaty (PCT)
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Patent Law Treaty
  • Strasbourg Agreement Concerning the International Patent Classification (IPC)

  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 invention (utility model)?

  An invention (utility model) is a result of intellectual activity of a human being in any field of technology. The object of an invention (utility model) may be:

  •  a device, a substance, a strain of microorganisms, a plant or animal cell culture
  • a process or a method
  • a novel use of a known device, substance or process.

  A device as the object of invention is characterised by constructive (arrangement) features, such as the position of the elements (parts or units) and their interconnection, the shapes of the elements, the relative size of the elements, and the material, from which the elements are produced. Devices include assemblies, machines, mechanisms, apparatuses, tools, etc.

   A substance as the object of invention is characterised by its components or chemical composition. In this case, we differentiate between non-chemically produced substances and chemical compositions. The former are characterised by their ingredients and their ratio (percentage, proportion, weight) and in some cases by the structure of the ingredients. They include: mixtures, compositions, metals, putties, structural substances, alloys, ceramics, glass, etc. A chemical compound is a substance obtained chemically, i.e. an individual chemical substance formed by any transformation of a molecule at the electronic level under various types of influences (chemical, physical, mechanical, microbiological, heat, light radiation, etc.).

   A process or method is a combination of actions performed upon material objects and aimed to attain a certain technical result. Among the examples are the following: manufacturing, treatment, recycling and quality control; transformation of substance, energy or data; measurement of parameters, diagnostics, treatments, etc.

   An invention “concerning the use of a known product or process” is characterised by discovering a new relationship of a known object with others that gives new unconventional ways to use it. The essence of this type of invention is to find an opportunity to use the known properties of an object under new conditions or to find new properties in a known object. In any of these cases, the known object should be used under new unconventional conditions (“new application”). A tongue-in-cheek example could be the use of chicken eggs as a drilling agent.

The criteria that your invention (utility model) should meet

  To receive legal protection, your invention should meet three criteria:

  •  the invention should be novel
  • the invention should be non-obvious (i.e. it should involve an inventive step)
  • the invention should be industrially applicable.

  To receive legal protection, your utility model should meet two criteria:

  • the utility model should be novel
  • the utility model should be industrially applicable.
 What cannot be considered an invention (utility model)?

  The following objects cannot be considered an invention (utility model):

  •  plant varieties and animal breeds
  • essentially biological processes for the production of plants or animals, which are not related to non-biological and microbiological processes
  • topologies of integrated microcircuits
  • industrial designs and styling
  • discoveries, scientific theories, and mathematical methods
  • methods of intellectual, economic, organisational and business activity (planning, financing, supplying, accounting, crediting, forecasting, rate setting, etc.)
  • guidelines and rules for physical exercise, games, competitions, and auctions
  • projects and plans for installations, housing, compounds
  • conventional signs (road signs, routes, codes, types, etc.), timetables, instructions
  • computer software
  • the form of presentation of information (e.g. charts, diagrams, graphs, auditory, verbal, visual, books, audio and video discs).
 What is the documentary evidence of your right to your invention (utility model)?

  The right of ownership to, priority and authorship of an invention (utility model) is proved by a patent. In Ukraine, the duration of a patent for invention is 20 years from the filing date of the application. The duration of a patent for utility model is 10 years. If the invention concerns medicines, pesticides or agrochemicals, the duration of the patent can be extended up to 25 years.

Download the patent for invention

 

 

Download the patent for utility model

 

 How long does it take to obtain a patent?

  The Patent Office reviews patent applications within

  •  approximately 2 years (for invention patents)
  • approximately 8 months (for utility patents).

  There are legal ways to accelerate the procedure.

How to file a patent application in Ukraine?

    There are two ways:

  •  file an application for an invention or utility model according to the Paris Convention
  • file an international application (PCT application).

    To file an application for an invention or utility model according to the Paris Convention, the following documents should be submitted:

  •  Full name/title of the applicant (the name and registered office address for companies; the full name and place of residence for natural persons)
  • Information about the inventors (full name, place of residence)
  • Description of the invention or utility model, claims, drawings, and abstract
  • Certified copy of the priority document
  • Power of Attorney

    Ukrainian translation of the description, claims, drawings, and abstract (the translation is provided by our agency)

    The translations, copies of priority documents, and power of attorney can be submitted to the Ukrainian Patent Office within 2 months after the filing date. The application for qualifying examination can be submitted within 3 years after the application was filed to the Ukrainian Patent Office.

    To enter the national phase of PCT application, the following documents are required:

  •  Copy of the international publication
  • Copy of the international preliminary examination report (if available)
  • Ukrainian translation of the description, claims, drawings, and abstract (the translation is provided by our agency)
  • Power of Attorney

   The translations, copies of priority documents, and power of attorney can be submitted to the Ukrainian Patent Office within 2 months after the filing date. The application for qualifying examination can be submitted within 3 years after the application was filed to the Ukrainian Patent Office.

Prior tempore - potior jure

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