Non-residents of Ukraine, while considering intellectual property related issues with the Patent Agency of Ukraine, can exercise their rights via intellectual property representatives – patent agents of Ukraine.
Patent agents of the Inventa Company provide the following services:
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Help patent an industrial design in Ukraine by preparing all the requisite documents for filing an application;
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Conduct a preliminary search for identifying analogs;
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Provide document execution starting from filing an application and ending with issuance of a patent;
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Prepare a qualified response to an inquiry by the examiner of the Patent Agency of Ukraine;
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Help mitigate the risk of a patent issuance refusal;
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Guarantee confidentiality of customer's information and premium legal services.
Relations arising in connection with acquiring and exercising industrial design property rights in Ukraine are governed by the Civil Code of Ukraine and the Law of Ukraine "On Protection of Industrial Design Rights". The definition of the industrial design concept is given in Article 1 of the said Law. It states that an industrial design is the result of creative activity of a person in the art design area. Hence, the legal protection object can be a shape, sketch or colouring or their combination that defines the external view of an article or its part. Thereat, the object must be a novel thing and commercially applicable.
The form of legal protection of an industrial design is a patent, with a validity term of 10 years since the application filing date. However, upon filing a requisite application, the industrial design validity term can be prolonged to 5 years, and the cumulative term of an industrial design patent in Ukraine will be 15 years since the date of filing an application with the Patent Agency of Ukraine.
On applying for an industrial design of Ukraine, the author can claim several alternate industrial designs, with one patent being granted. The industrial design variations can be objects belonging to one functional group, one ICID class, similar by the combination of essential features and being distinct by their nonessential features.
A feature of compiling application materials is making a description of an industrial design, which indicates the purpose of the article and its application, the topicality of the design efforts and the trends in the stated area, and a list of essential features of the industrial design that demonstrate its essence.
To file an industrial design in Ukraine, the following must be submitted:
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Applicant's particulars – full name, address, and position of person representing the applicant.
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Particulars of the industrial design author(s).
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Industrial design image with good quality, and a brief description of the image.
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Industrial design description, including a list of its essential features.
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The original of the priority application for being granted a convention priority.
Based on the materials received, a file of documents is prepared for registering an industrial design, which includes the following:
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An application for registering an industrial design;
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A description of the object being filed, including its essential features;
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An image of the external view of the industrial design being filed, with good quality;
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Drawings of schematic diagrams of the industrial design (needed as a rule for complex objects with many parts);
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A certified copy of the priority application if available;
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A document confirming payment of a state registration fee;
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A proxy in the name of the patent agent for representing your interests at the Patent Agency of Ukraine.
The pendency of application for registering an industrial design with the Patent Agency of Ukraine is 8-12 months from the date of filing the application with the Patent Agency.
The procedure of registering the industrial design consists of the following stages:
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Submitting the industrial design application to the Patent Agency of Ukraine.
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Examination of the application by the Patent Agency of Ukraine with a subsequent decision on issuing an industrial design patent. At this stage, answers can be prepared to inquiries of the Patent Agency concerning the refinement of statements or on other reasons.
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Registration, publication and granting of an industrial design patent.
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Maintaining an industrial design patent of Ukraine.
The scope of legal protection of an industrial design is determined by the combination of essential features represented in the images.
The rights of the holder of an industrial design:
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The exclusive right to use the industrial design at one's own discretion if such use does not violate the rights of other patent holders.
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The right to prohibit other persons to use the industrial design without a permit of the patent holder.
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The right to assign rights in an industrial design to another person based on an agreement.
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The right to provide a license (a permit) on using the industrial design to another person based on a license agreement.
The tentative cost in USD of registering an industrial design in Ukraine is shown in the following table:
| Action description: | State fee, USD | Company services, USD | |
| Physical person applicant | Legal person applicant | ||
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2.00 | 40.00 | 180.00 |
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1.00 | 5.00 | 30.00 |
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2.00 | 20.00 | 30.00 |
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2.00 | 20.00 | 130.00 |
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1.00 | 5.00 | |
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100.00 | 100.00 | |
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2.00 | 20.00 | |
State fees and charges are shown without account of the cost of banking services related to transferring funds to the account of the Patent Agency of Ukraine that depend on the payment amount.
The cost of the procedure of patenting an industrial design in Ukraine depends on the number of design variations and their images. Hence, an individual cost estimate is drawn up for each separate application.
For each additional action taken during application processing, for instance, revising the application, extending the term of responding to an inquiry of the Patent Agency or the term of paying fees and charges, etc., a respective fee has to be paid.
Ukraine also provides for an accelerated procedure for examining an industrial design by the Patent Agency of Ukraine during 1-3 months from its application filing date, provided an additional fee is paid.
Our experts will offer proposals with account of your interest in obtaining legal protection of an industrial design, and will perform all required procedures and advise you on each stage of patenting an industrial design in Ukraine.
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