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Utility model patent

The results of creative, scientific, technical, intellectual activity must be protected from illegal use and monetized. If such results are in the realm of technology, they are called a utility model. According to Ukrainian and international legislation, it is possible to issue a document of protection for them – a patent.

SION’s specialists help clients to issue a title of protection in Ukrpatent and specialized departments of other countries. We have been working in this field of services since 2011, each SION patent attorney has been working in its profile for many years. We:

  • will make an application without mistakes and delays and submit it to the expert body
  • will provide accompaniment and support in the process of obtaining a document of protection.
  • will help you to obtain a patent for a utility model in various fields of engineering and technology.
  • will determine the cost of the patented solution and provide legal support in case of its sale.
  • are working directly with the patent authorities of Great Britain, the EU, the USA, Japan, and Russia.

Utility model patentability conditions

Ukrainian legislation establishes two conditions of patentability that a utility model must meet. The National Intellectual Property Body (NIPO, aka Ukrpatent), in the patenting process, considers:

  • novelty;
  • industrial suitability.

Unlike a patent for an invention, the inventive step of the application is not taken into account. That is, the examination of the technical solution is not carried out, due to this, the registration procedure is faster. Thus, the average term for obtaining a patent for a utility model with us is about 3 months.

To successfully obtain security documentation, we ask the client to fill out the Brief. A big plus for the examination will be the actual use of the patented object at the time of the appeal.

Patent utility model procedure obtaining

Algorithm of work upon receipt of a title of protection:

  • We conduct a patent search. The patent attorney is looking for similar industrial property objects, assessing the feasibility of patenting.
  • SION`s specialists draw up and submit an application for a utility model. The application letter in the state language contains information about the author and the applicant. Accompanied by a description of the technical solution (the text is coordinated with the customer). Paying the feeling fee of the application for a utility model
  • The responsible body carries out an examination: checks the composition and accuracy of the submitted documentation. It also determines whether the object needs protection from the point of view of law.
  • After a positive decision on state registration, you must pay a fee and a publication fee. For all of this is 3 months given. After that, a title of protection is issued.
  • The publication of the extradition data is posted. After it, within 1 month, the original patent for a utility model in paper form is provided.

On average, from the moment of filing an application, the process takes 6-8 months in Ukraine. Sometimes, due to participation in a tender or for other reasons, an expedited registration of a utility model is required. And with our help, a client can obtain a patent for a utility model in a maximum of 3 months.

Utility Model Patent Valuation

How much can you sell the intellectual property to which the rights are registered? This is important if a deal is being planned between the patent owner and the commercial enterprise. SION specialists will analyze the patented solution for monetization.

We use the following methods:

  • Market approach – comparison with peers, experience of their sale and profitability.
  • Cost method – calculating the costs of creating, promoting and implementing a solution. It is used for information products or if it is difficult to find analogs.
  • Income method – calculation of profit from sales in different periods of use.

The customer receives a report on the assessment of the value of the protected object, which is legally binding. He gains an understanding of what he can count on after commercial implementation or implementation. The report will become an argument when promoting on the market.

Patent utility model obtaining prices

Before starting cooperation, we calculate the cost of paperwork and provide the calculation to the customer. The final price will be made up of government fees and payments, as well as the company’s fees. The latter depends on the complexity of the work, the amount of technical documentation and other points.

The price will include the following works:

  • Patent research.
  • Preparation and submission of an application to the responsible department.
  • Preparation and filing of an objection in case of refusal (if necessary).
  • Document registration.

The cost of maintaining office work in each case may differ. It depends on the complexity of the object in question, the readiness of the source materials, the country of patenting and other features.

Find out the cost of registering your utility model

Sale of a utility model patent

The results of mental work, innovative technical solutions can and should be monetized. Under Ukrainian law, it is allowed to sell the patented property to a third party. For this, it is necessary to conclude an agreement on the alienation of the exclusive right. After signing it, all rights are transferred in full to a third party, and the seller receives a reward.

Stages of concluding a contract:

  • signing in writing;
  • payment of the duty;
  • registration with the patent office (otherwise the sale is invalid).

Also, the rights to use can be transferred to use. This is done under a licensing agreement (temporary transfer of rights) in Ukraine and other countries. The owner does not change. The issued license can be exclusive (monopoly use) and non-exclusive (non-monopoly). SION specialists will help you to competently draw up, conclude and register a sales or licensing agreement.

Utility Model Patent Term

Utility model patent

According to Ukrainian legislation, the title of protection is valid for 10 years. The generally accepted terms in other states are the same. Extension is not provided, after 10 years all data is declassified. The term is valid, provided that the owner pays the established fee annually.

The amount of duty in Ukraine for legal entities is 35-235 USD per year, for individuals – 5% of these figures. Payment of fees to patent authorities of other states can be associated with additional costs of money and time. In any case, they must be paid on time so that the right to the patented solution is not invalidated.

SION specialists undertake the obligation to pay the fees on time. We accompany the client in any situation, help protect intellectual property rights and the right to commercial benefits from protected property.