Invention and utility model
What is an invention and utility model?
The invention (utility model) is the result of human intellectual activity in any field of technology.
The invention is an opportunity to ensure progress in any field of technology to ensure the interests of society. Relations arising in connection with the acquisition and implementation of ownership of inventions (utility models) in Ukraine are regulated by the Civil Code of Ukraine and the Law of Ukraine “On the protection of rights to inventions and utility models.”
The acquisition of intellectual property rights for an invention (utility model) is certified by a patent.
The period of validity of a patent for an invention is 20 years from the date of filing an application.
A patent for a utility model is a variation of a patent issued on the basis of a formal examination of an application, 10 years from the date of filing an application.
What is a patent and what is it for?
In exchange for disclosing the essence of the invention by its author, the state issues to the author a patent for an invention (utility model).
The patent establishes the authorship of the invention (utility model) and the monopoly right to use the invention (utility model).
The patent is valid only on the territory of the country where it is issued.
To ensure the protection of your interests not only in Ukraine, but also abroad, it is recommended to obtain a patent in the country that interests you.
The invention (utility model) can be:
Legal protection is provided by the invention (utility model), which (which) does not contradict the public order, the principles of humanity and morality and meets the conditions of patentability. The object of the invention (utility model), the legal protection to which may be granted:
– product (device, substance, strain of microorganism, plant cell culture and animals);
– process (method), as well as a new application of a known product or process.
A patent is granted for an invention that meets the criteria for patentability: novelty, inventive step and industrial applicability.
A patent is issued for a utility model if it is new and industrially suitable.
What do you need to do to get a patent?
A person wishing to obtain a patent for an invention (utility model) and has the right to do so may apply for its issuance to the State Intellectual Property Service of Ukraine.
On behalf of the applicant, the application can be submitted through a representative for intellectual property (patent attorney).
Foreign persons and stateless persons who live or have a permanent location outside Ukraine realize their rights through representatives of intellectual property (patent attorneys).
A fee is paid for submitting an application.
Application – a set of documents required for the grant of a patent. The application is made in Ukrainian and must contain:
- application for the grant of a patent for an invention (utility model);
- description of the invention (utility model);
- the formula of the invention (utility model);
- drawings (if they are referenced in the description);
How to patent an invention (utility model) in a foreign country?
In accordance with Article 37 of the Law of Ukraine “On the Protection of Rights to Inventions and Utility Models”, any person has the right to patent an invention (utility model) in foreign countries provided that the application for an invention (utility model) is submitted to the State Intellectual Property Service a person within three months from the date of filing of the said application, a notification on the attribution of the claimed invention (utility model) to state secrets.
Patents of the invention (utility model) in a foreign country can be implemented under the procedure of the Patent Cooperation Treaty (PCT).