Patent attorneys of Legal Consulting Group "Yaremchuk and Partners" will help patented the invention or useful model by preparing all the necessary documents for filing an application for its registration, conducting a preliminary search in order to identify analogues, prepare a qualified response to a patent examination expert of Ukraine, will help reduce the risk of obtaining refusal to issue a patent.
How to get a patent of Ukraine for an invention or utility model?
To obtain a patent of Ukraine for an invention or utility model, it is necessary to file an application with the Patent Office of Ukraine (Ukrpatent). An application is a set of duly executed documents. To obtain a patent in a foreign country, it is necessary to file an application with the patent office of that country or submit an international application, with the help of which it will then be possible to obtain a patent in virtually any country (s) of the world.
Upon application for invention, Ukrpatent conducts a formal examination and then a qualification examination. On application for a utility model, only a formal examination is carried out.
When carrying out a formal examination, the object of the object specified in the application is identified as a list of objects that can be recognized as inventions (utility models), the compliance of the application and its execution with the established requirements. When conducting the qualification examination, the compliance of the invention with the conditions of patentability (novelty, inventive step, industrial applicability) is checked.
With a positive decision of the examination, the applicant is given a patent for an invention (utility model). For each action (for example, filing an application, conducting a qualification examination, making changes to an application, extending the deadline for reply, etc.), the applicant must pay the appropriate fee to Ukrpatent.
List of documents required for filing an application for an invention or utility model
- Materials that disclose the essence of the invention or utility model (description text and drawings).
- Full name of the applicant in the Ukrainian language (name of the company and its legal address or full name and residence of the individual).
- A certified copy of the priority document (when declaring a priority under the Paris Convention).
- Information about inventors in the Ukrainian language (name, place of residence).
- A power of attorney by patent attorneys to represent the applicant's interests in the relevant institutions.
- Contract for the provision of services by our company to the applicant.
Why do you need a patent attorney to apply for an invention?
Since the requirements imposed by patent offices for the preparation and preparation of documents for an application for an invention (utility model) are rather severe, failure to comply with them may lead to a lengthy correspondence between the applicant and the patent office (especially foreign patent offices), the need to correct certain errors in the materials application, an increase in the timing of the application and, as a consequence, the need to pay additional fees. In addition, any errors and inaccuracies many times increase the risk of receiving a refusal to issue a patent.
Legal aspects of patenting inventions and utility models in Ukraine
The main legislative act in Ukraine with respect to inventions and utility models is the Law of Ukraine "On the Protection of Rights to Inventions and Utility Models".
Invention (useful model) is the result of human intellectual activity in any sphere of technology. According to the Law, the invention (utility model) can be:
- product (device, substance, strain of microorganism, culture of plant or animal cells, etc.);
- process (method);
- a new application of a known product or process.
The product , in particular, may be a device, mechanism, system (complex) of interacting devices, construction, article, substance, strain of the microorganism, plant cell culture or animals and other biological material, including transgenic plants and animals.
A process can be an action or a set of actions performed on products and other material objects with the help of at least one product and aimed at achieving a certain technical result. This process, in particular, is the manufacture, processing, processing and quality control of the product, the transformation of matter, energy, data, measurement parameters, diagnosis, treatment, process management, which is the object of technology.
The invention can obtain legal protection, if it is new, has an inventive level and industrial applicability.
A utility model can obtain legal protection if it is new and has industrial applicability.
The property right, priority and authorship of the invention (utility model) is confirmed by the patent. In Ukraine, the validity of a patent for an invention is 20 years from the date of filing an application. The term of the patent for the utility model is 10 years.
