The patent attorneys of Legal Consulting Group "Yaremchuk and Partners" will help patented the industrial design by preparing all the necessary documents for filing an application for its registration, conducting a preliminary search to identify analogues, preparing a qualified response to a patent examination request of Ukraine, the grant of a patent.
How to patent an industrial design in Ukraine?
To obtain a patent for an industrial design, it is necessary to submit an application to the Patent Office of Ukraine (Ukrpatent). An application is a set of duly executed documents. To obtain a patent in any other country, it is necessary to file an application with the patent office of that country, or submit an international application.
A set of product images (photographs, pictures) and its description with indication of essential features must be included in the composition of the application for an industrial design. The photographs should show all the essential features of the industrial design, so the image in the photographs should be particularly clear without any defects, unnecessary shadows or glare. That's why we do not recommend you to use amateur photographic equipment for making images for an application (especially for small-sized items).
Upon application for an industrial design, Ukrpatent conducts a formal examination, during which the date for filing an application is established and its compliance with formal requirements is checked.
With a positive decision of the examination, the applicant is granted a patent for an industrial design. For each action (for example, filing an application, making changes to an application, extending the deadline for reply, etc.), the applicant must pay a corresponding fee to Ukrpatent.
List of documents required for filing an application for patenting an industrial design
- Photographs of 9 x 13, 13 x 18 or 18 x 24 cm in general (3 copies) or quality photocopies in A4 or A5 format;
- Photos or their quality photocopies of each other kind - side, bottom, top, rear, front (3 copies of each type);
- Drawing or the scheme of the industrial sample (as a rule, is necessary for products of complex design with a large number of details);
- Brief description of the industrial design;
- 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 the authors of the industrial design in the Ukrainian language (full 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 industrial design?
Since the requirements of the Patent Office for the preparation and preparation of documents for an application for an industrial design are rather severe, failure to comply with them can lead to a lengthy correspondence between the applicant and the Patent Office (especially foreign patent offices), the need to correct certain errors in the application materials, review of the application and, as a consequence, the need to pay additional fees.
When submitting an application to the patent office of a foreign country, mistakes in the preparation of an application are fraught with further high financial costs. In addition, any errors and inaccuracies many times increase the risk of receiving a refusal to issue a patent.
Legal aspects of patenting of rights to industrial designs in Ukraine
The main legislative act of Ukraine with respect to industrial designs is the Law of Ukraine "On Protection of Rights to Industrial Designs".
An industrial model is the result of a person's creative activity in the field of artistic design.
An industrial sample can be a form, a pattern, a color or a combination thereof, which determine the appearance of an industrial product. Can not be recognized as industrial designs and obtain legal protection:
- objects of architecture (except for small architectural forms), industrial, hydraulic engineering and other stationary structures;
- printed products as such;
- objects of unstable (amorphous) form from liquid, gaseous, loose or similar substances.
An industrial design can be registered if it is new. Nevertheless, soon in the new version of the Law, the requirement for originality will be presented to industrial designs.
Ownership of an industrial design is confirmed by a patent. The period of validity of a patent for an industrial design is 10 years and can be extended at the request of the patent owner, but not more than for another 5 years.
It should be emphasized that only the appearance of the object is protected by a patent for an industrial design (for example, the design of an electric coffee maker, the shape of a beer bottle, the appearance of a tractor). The internal design of the product, the principle of interaction of its individual parts and mechanisms will not be protected by a patent for an industrial design, for their protection it is necessary to obtain a patent for an invention or utility model.
Although the Law does not provide for the grant of a patent for an industrial design for printed products, Ukrpatent allows the issuance of patents for advertising cards, stickers, labels, wrappers and other similar products. But, it should be noted that in this case, the text that can be printed on these products does not fall under the protection of the patent. That is, if the labeled "Coca-Cola" on the patent-protected label does not mean that anyone else has no right to use the word "Coca-Cola" on their labels. To get protection on any verbal element, you need to register it as a trademark.
