General Information

Acts of the Effective Legislation:

Civil Code of Ukraine of 16.01.2003, chapter 39.

Commercial Code of Ukraine of 16.01.2003, article 156.

Law of Ukranine “On Protection of Rights to Inventions and Utility Models” of 15.12.1993

The Decree of the Ministry of Education and Culture “On the Enactement of Rules of the Compilation and Submitting of Claim on Invention (Utility Model)” of 22.01.2001

Full List of Current Legislation

Definition: Invention (utility model) –is a result of intellectual activity of a human being in any field of technology. I.e.,the object of the invention (utility model) is technical solution of a certain task, need. Use of inventions (utility models) allows the achievement of higher technological results in comparison to those of the competitors.This makes the product made with the application of the invention (utility model) more attractive for the consumers, and makes the manufacture of such products more effective.

Title of Protection: Patent for an Invention, Patent for an Utility Model

Term of Protection: 20 years for the patent for an invention, and 10 years - for the patent for an utility model starting from the date of filing the application with the Patent Office ,and with the possibility of extension for the next 5 years. However, the rights that derove from the patent, are valid fromthe date of publication of the information on patent (= from the date of the patent issue).

Scope of Protection is determined by the claim of patent for an invention (utility model). Therein the interpretation of claim shall be performed within the scope of the patent description of the invention (utility model) and respectively, the illustrations.

Patentability Requirements: Invention – novelty, inventive step,industrial applicability, Utility Model - novelty, industrial applicability.

Novelty – Invention (utility model) is considered as novel if it does not constitute the part of of the state of the art, which includes all the data and information available to public throughout the world, on the date of filing of the patent application.

Inventive Step – Invention is considered as the one involving an inventive step if it is not obvious to a person skilled in art, i.e. an invention does not proceed obviously from the state of the art.

Industrial Applicability - Invention (utility model) is considered as industrially applicable if it can be applied in industry or in other area of activities.

Rights of the Owner of Invention (Utility Mo0del):

1) Right on invention's (utility model's) exploitation at the discretion of the right owner;

2) Exclusive right to permit the exploitation of the invention (utility model) (i.e. to grant license);

3) Exclusive right to prevent the unlawful exploitation, including the right to forbid the exploitation of the invention (utility model);

4) Other intellectual property rights as stipulated by the laws.

Herein, the exploitation of the invention (utility model), includes:

  • the production of goods with the use of the patentted invention (utility model), the use of such product, offer fro sale including the Internet sales,sales,import and other introduction in commercial activities or srorage of the product for purposes mentioned above;
  • use of the process, protected with the patent, or the pffer to use such a process on the territory of Ukraine, if the person offering it knows, that such a use without the permission of the owner of patentm is prohibited, or if this becomes obvious taking into account the respective circumstances.

The product is considered as the one produced with the application of invention (utility model), and process protected with the patent - as applied, if every sufficient feature included in the claim, is applied or the feature equivalent to such, is applied.

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