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Obtaining a patent for the Invention

A result of intellectual and creative human activity in any field of technology can be protected by Patent for Invention or by Patent for Utility model.  Patent provides its Owner with:

  • exclusive rights to use the invention (utility model);
  • the right to authorize the third parties to use an invention (utility model) on the basis of a license agreement;
  • to prevent the unauthorized use of an invention (utility model), including prohibiting such use.

Invention VS Utility Model

Name of the IP Object

Invention

Utility model

What can be protected

PRODUCT (device, substance, strain of microorganism, plant and animal cell culture, etc.),

PROCESS (method)

DEVICE

PROCESS

The patentability criteria

Novelty*, inventiveness, and industrial applicability

Novelty* and industrial applicability

*Novelty is understood to mean worldwide novelty and takes into account all information that has become publicly available prior to the filing date or priority date

Examination

Formal Examination +Substantive examination (Official Fee depends on a number of independent claims )

Formal Examination

Validity ofpatent rights

20 years (+5 years extension for some types of the inventions)

10 years

Maintaining the Granted Patent

Annuity fees should be paid upfront

Annuity fees should be paid upfront

To file a patent application, it is necessary to provide following information:

  • Full applicant data
  • Inventors data
  • Priority information (in case of claiming Priority)
  • Specification, including abstract and drawings + Ukrainian translation
  • Set of claims, defining the scope of the invention
  • Power of Attorney (a from will be provided)

Ukraine is a part of a Patent Cooperation Treaty (PCT). The deadline for PCT national phase entry in Ukraine is 31 months from the priority date. The official language of Ukrainian patent application is Ukrainian.

We are happy to provide you with the services connected with protection of your Inventions and Utility models in accordance with both national and international procedures.

Thank you!

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