Patenting in Ukraine
A patent is an official document confirming the right to a technical solution. In our country, there are two types of such titles of protection: for an invention and a utility model. Each gives the applicant exclusive rights that can be given / sold, used for commercial purposes or to protect their interests. The difference between the types is in obtaign and validity.
The country’s national patent office is called Ukrpatent. An application (a package of documents) is submitted there, after the examination, the applicant receives the right to an object of intellectual work. It seems simple, but the process involves a lot of complexity. They are connected with bureaucracy, specific office work, and other issues.
SION’s specialists will help you to draw up and file an application for a patenting ideas. They will accompany the process until successful completion, and keep the title of protection in working order. Since 2011, our attorneys have patented hundreds of objects in various fields: heating engineering, mechanical engineering, pharmaceuticals, agrochemicals, plant varieties. Each of the specialists focuses on a specific area.
Features of obtaining a patent for citizens of Ukraine
Ukrpatent (aka the National Intellectual Property Authority, NIPO) accepts patent applications from individuals and legal entities. An inventor (natural person), his employer or legal successors can apply. Significant points under Ukrainian law:
- The title of protection gives the owner exclusive rights only in our country. In other countries, you must register separately.
- Patenting is accompanied by the payment of state fees.
- We have an International Patent Classification (IPC). It implies setting the index of the technical area to which the design object belongs.
- The procedure for an invention will take from 16-24 months, for a model – 9-14 months. It is possible to accelerate up to 1 year for inventions and 2-2.5 months for utility models.
- The patented subject matter can be disposed of, used, authorized or prohibited to use, transferred or sold rights.
- The validity of the document must be supported by the payment of annual fees. You cannot pay them at once.
Our attorneys are well versed in all theoretical and practical points. Our specialists will carry out registration with minimal loss of effort and time for the client, and will quickly correct possible comments and claims. It is difficult to cope with Ukrpatent’s objections on its own; you also need to comply with the deadlines for replies to comments. Non-residents do not have the right to patent themselves at all, it is possible only through attorneys. We recommend using the experience of our lawyers.
Patent search in Ukraine
Before contacting the responsible authority, it is highly advisable to check the patent against a special database. This helps to solve the following tasks:
- understand the current level of technology for a specific area (needed for the descriptive part);
- catch industry trends;
- check the criteria for patentability, argue the novelty of the technical solution;
- understand whether the solution is unique or not.
Patent searches are done not only before patenting. Sometimes it is needed by entrepreneurs looking for new developments with potential. All Ukrainian patents are contained in the specialized database of Ukrpatent. It involves searching by almost 20 parameters: keywords from the title, application number, IPC index, author or owner, and others.
SION specialists will conduct a detailed search in the Ukrainian and international registers. This will contribute to successful patenting and help to solve other problems. Our experienced, erudite specialists are perfectly guided by the database of patents of Ukraine, confidently checking for patent clearance.
How to inventions patenting in Ukraine
After the patent research is completed, it is necessary to prepare a package of documentation in Ukrainian. It includes drawings and a text part: they reveal the essence of the object, tell about its uniqueness. The text part is a description, a formula and an abstract. Patent protection is subject to all independent claims listed in the claims. Therefore, its compilation must be treated with special responsibility, it is better to entrust it to professionals.
At this preparatory stage ends, patenting begins:
- An application is sent to Ukrpatent, the state fee is paid.
- The responsible authority marks the date of receipt. The period of validity of the protection is counted from it.
- Examinations are carried out – formal and qualification. For a utility model, the latter is not carried out.
- If there are objections, they must be answered.
- If they are absent or they have been overcome, one more fee is paid, a title of protection is issued.
Documentation requirements are quite serious. If they are violated, a lengthy correspondence between Ukrpatent and the applicant may start. Errors and corrections can significantly delay the deadline, require additional fees and increase the likelihood of rejection. Therefore, it is advisable to resort to the services of patent attorneys.
Patenting is one of the primary directions of our activity. The process has been worked out many times in practice: we have experience in finding, processing and overcoming objections.
Ukrainian patenting Law
Ukrainian patent office work is regulated by the Law “On the Protection of Rights to Inventions and Utility Models” No. 3687-XII of 15.12.1993. According to him, an invention and a utility model are the result of intellectual work and relate to the field of technology. Both types can exist as a product (mechanism, device, product, cell culture, bacterial strain), process (technology for obtaining or processing, transforming a substance) or a new application of something already existing.
The difference is as follows:
- The invention must meet the criteria of novelty, industrial suitability and inventive step. The patent is issued for 20 years.
- A utility model must be characterized by novelty and industrial applicability. Receives a title of protection for 10 years.
How much does a patent cost in Ukraine
It depends on who is being patented (natural or legal person), what is being formalized (invention or utility model), how many revisions are needed. The cost of a patent in Ukraine implies government fees for all these actions and payment of remuneration to an attorney.
State fees for patenting in Ukraine
|Legally significant action||The size of the state fee, USD (for individuals / legal entities)|
– for invention
– for utility model
|Qualification examination of an invention||from 25/230|
|Extension of missed deadlines (if applicable)||from 5/30|
|Speed up the process||from 50/50|
|Annual patent renewal fee:|
– for invention
– for utility model