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Industrial design registration in Ukraine

An industrial design is the result of creative activity in the field of artistic and technical design. It is also called industrial design. In Ukraine, you can register and protect the appearance of a product in order to obtain exclusive rights to its commercial use. This can be the shape of a bottle or bicycle handlebar, a sketch of a label or candy wrapper, other things and shapes.

Legal protection of industrial designs registered in Ukraine operates exclusively on the territory of our country. You can arrange it in one of the following ways:

  • Based on national registration and certification.
  • According to the international (Hague) procedure with the indication of Ukraine.
  • Without state registration, if the design object will be brought to the attention of the public in the manner prescribed by the Law “On the Protection of Industrial Designs”.

Registration of an industrial design implies entering the image of industrial designs into the state legalize, which determines the scope of rights. Our country is a member of the Hague System, therefore, the national registration can be extended to other jurisdictions. SION’s specialists take on the task of preparing industrial designs in Ukraine. We have good practical experience in this area.

Essential features of an industrial design

The object must have a special design concept, aesthetic or ergonomic characteristics. It can be protected by both copyright and industrial law. There are two eligibility criteria that it must meet: novelty and individuality (originality). A design patent can protect the following characteristics:

  • the appearance of the product or its specific part;
  • packaging, label, bottle shape;
  • drawing, coloring or combination of colors;
  • models of clothes, shoes;
  • furniture, other items.

According to Ukrainian legislation, it will not be possible to register ideas, liquid or gaseous forms, installations made of bulk substances, architectural solutions of buildings. To determine exactly whether your object falls under protection, we recommend that you consult with our patent attorneys.

The procedure for registering a patent for an industrial design

The procedure for state registration of title to the appearance of an object is carried out by the National Intellectual Property Authority (NIPA), aka Ukrpatent. An application is submitted there. The result of registration is the issuance of a certificate. Earlier in Ukraine, a patent was issued for industrial designs, so the procedure is sometimes still called patenting. This is not entirely correct.

Before contacting Ukrpatent, we recommend that you conduct a search research on already legalized industrial designs. This will help to ensure the uniqueness, understand the market situation and determine how high the likelihood of abandoning Ukrpatent is. If the design is not new and something similar has already been registered, then there is no point in starting the design and investing money.

Further, the following algorithm for obtaining a certificate operates:

  • Image preparation. It is it that will show the appearance, color design, the presence of a pattern and other distinctive features.
  • Submission of an application with all attachments (drawings, photos, descriptions). This is the beginning of the active phase.
  • Expertise – the compliance of the object with the criteria of novelty and originality is checked.
  • A decision is made to issue a certificate, payment of the corresponding state fee.
  • Issuance of a document.

Usually the procedure takes 7-9 months, an accelerated one – 2-2.5 months. Our attorneys will take on the routine tasks of registering protection rights. They will prepare documents, conduct a preliminary search, and answer inquiries from experts from Ukrpatent.

Duration of a patent for an industrial design

The duration of legal protection depends on whether the industrial design was legalized or not. Even if the registration was not carried out, but was published or made public, the author can count on protection. A certificate (patent) for an industrial design is valid for the following periods:

  • Registration according to the national procedure – 5 years from the date of contacting the NIPA. After that, you can make an extension for one or more 5-year periods, but not more than 25 years.
  • International procedure – the terms are the same.
  • Registration was not carried out, but it was made public in Ukraine – 3 years from the date of publication. There is no renewal option.

Exclusive rights to a design must be renewed by the annual payment of fees. Prolongation is also possible only after payment of the state fee. If the object has not been used for 3 years, any person can go to court and request the opportunity to use someone else’s work.

The deadlines for the introduction of state fees must be strictly observed. We will be able to track the due dates for the payment of duties. This service will be especially useful for companies that do not have their own legal department, but which need to maintain rights to several intellectual property objects.

The price of a patent for an industrial design

The issuance of a patent (certificate) implies the payment of standard state fees. In addition, a fee is due to the attorney of the SION. We recommend using our services to save yourself from the possibility of errors in the documentation (which are fraught with additional financial expenses), lengthy correspondence with Ukrpatent. We minimize the possibility of refusal, if necessary, we will submit a request to expedite the process.

Industrial design registration cost in Ukraine

ActionsThe amount of payment for an individual / legal entity, USD
Submission of application materials15/63

+2/+8 – for each additional option
Expedited consideration of the appeal40/40
Publication, Issuance of a certificatefrom 4/10

Before starting cooperation, we will carry out a calculation of works according to the price list, we will provide a detailed calculation. We also give a list of documents from the applicant.

Industrial design patenting in Ukraine

The author (designer) or other persons who have received the rights to a commercial design can obtain a certificate. For example, the employer, if the features of the object’s appearance were developed by his employee. Regardless of the Ukrainian state registration, it is possible to be patented in other countries.

Registration of a patent for an industrial design will allow prohibiting its use by third parties.

Or, conversely, sell the opportunity to use. Our experts will advise and provide practical assistance in the design of the object. We:

  • professionally conduct a preliminary search;
  • compose a description of the object;
  • carry out office work and legal support of state registration;
  • pay the state fees, we will keep the title of protection in force;
  • help to expand legal ownership to other countries;
  • advise you on how to protect yourself from unfair competition;
  • prepare registration documents on the disposal of rights.

To start working on the registration of the legal right to an industrial design, please fill out the feedback form and we will contact you or write to us by mail: info@sion.ua.

What is an industrial design?

An object of a unique (not previously used) shape or design. It can be a thing, decal, wrapper, box, etc.

How to get a patent for an industrial design?

After the final appearance of the object has been agreed upon, contact SION. We will prepare the documents, submit them to Ukrpatent and receive a registration certificate for the client.