A technical solution in Ukraine can be protected with a utility model patent of Ukraine.
The term of a utility model patent of Ukraine is 10 years from the date of filing a utility model registration application with the Patent Office of Ukraine
The scope of legal protection of a utility model is defined by the utility model claim.
In Ukraine, a utility model is meant to be the result of intellectual activities of a person in an engineering area.
In Ukraine, the following subject-matter can be patented as a utility model:
- - a product: a device, a substance, a microorganism strain, a culture of plant and animal cells;
- - a process, meant to be a method of performing certain actions to achieve an engineering result;
- - using a known product or process for a new purpose.
The following objects are not granted legal protection as utility models in Ukraine:
- - plant varieties and animal breeds;
- - biological processes for reproduction of plants and animals;
- - integrated circuits artwork; and
- - results of ornamental design.
The conditions of utility model patentability are as follows: novelty and commercial applicability.
The procedure of patenting a utility model in Ukraine includes formalities review and granting a patent.
During the formalities review, the Patent Office checks for compliance of the application package documentation with formal requirements, i.e. availability of relevant documents: application, description of invention, invention claims, drawings, abstract, and power of attorney in the name of applicant's representative (patent agent) and a document confirming payment of a statutory fee pursuant to Ukrainian legislation.
According to the results of formalities review, the Patent Office sends the patent agent a decision on registering the utility model or a preliminary decision on rejecting registration. In response to a rejection to grant a patent, the applicant can file a motivated appeal with argumentation in proof of registering the utility model application. With account of the received motivated response from the applicant, the Patent Office can make a decision to register the utility model or finally reject its registration.
The applicant or his/her representative (patent agent) can appeal the final rejection to grant a utility model patent at the Chamber of Appeals of the Patent Office of Ukraine. The decision of the Chamber of Appeals can also be appealed in court proceedings.
Hence, the procedure of registering a utility model of Ukraine includes the following stages:
- - filing an application for registering a utility model with the Patent Office of Ukraine;
- - a formalities review of the utility model application;
- - registering the utility model patent of Ukraine;
- - maintaining the utility model patent of Ukraine.
Following the registration of the utility model of Ukraine, it can be examined for compliance with patentability conditions. Such examination can be conducted by request of both the utility model patent owner and by motion of any interested person.
Ukrainian legislation allows converting a utility model application to an invention application at the stage of its review by the Patent Office of Ukraine.
IMPORTANT! Ukraine provides for a benefit on patent fees for physical persons who are indicated in the utility model application jointly as authors and applicants.
The usual term of reviewing a utility model application by the Patent Office of Ukraine is 12 months. However, an accelerated procedure of reviewing a utility model application by the Patent Office of Ukraine can be applied if an additional governmental fee is paid. In this case, the review term for a utility model application is 4-5 months.
The cost of patenting a utility model in Ukraine is summarised in the following Table:
| Description of service | Governmental fee, USD | Company services, USD | |
| If the applicant is the inventor | If the applicant is a legal entity | ||
|
1. Filing a utility model application: - no more than 3 claims - extra charge for each claim in excess of three |
2.00
1.00 |
40.00
5.00 |
300.00
- |
| 2. Filing a motion on requesting a convention priority | 1.00 | 5.00 | 50.00 |
| 3. Filing a motion on accelerated processing of the utility model application | 80.00 | 80.00 | 130.00 |
|
4. Filing a motion on alterations to the utility model application materials: - to enter each additional independent claim item |
2.00
1.00 |
40.00
5.00 |
min 150.00
|
|
5. Filing a motion on entering the following alterations to the utility model application materials: - inventor's name (description) - inventor's address - representative's address - assigning rights in an application to another applicant |
1.00 1.00 1.00 50.00 |
5.00 5.00 5.00 50.00 |
50.00 50.00 50.00 150.00 |
|
6. Granting a utility model: - a utility model patent publication containing no more than 15 sheets, - extra charge for each sheet in excess of 15 - issuing the original copy of a utility model patent of Ukraine |
2.00
1.00
100.00 |
40.00
5.00
100.00 |
130.00 |
Note that the above Table is not an exhaustive summary of issues faced when patenting a utility model application. It lists procedures encountered typically when filing and examining a utility model application. Hence, prior to starting the procedures of filing a utility model, we review each concrete enquiry and draft a proposal considering different options of filing a utility invention, and draw up a cost estimate depending on the chosen option of processing the application.
Inventa experts offer you the entire range of services required for filing a utility model application, acquiring a utility model patent and maintaining it in Ukraine.
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