Procedure of the Acquisition of Patent on Invention (Utility Model)

The practice shows that the registration procedure for the invention in Ukraine takes up to 2,5-3 years, and for the utility model - up to 9-11 months.

The only authority which is eligible to grant patents to the inventions (utility models), is the State Department of Intellectual Property . The patent applications shall be filed to the Institute of Industrial property of Ukraine (Ukrpatent) , which is the subdivision of the Department.

The application form shall include the following documents:

• patent to invention (utility model)' application form;
• specification of an invention (utility model);
• patent claims;
• abridgement to patent's specification;
• illustrations (if necessary).

Except of this, the state patent application fee shall be paid in order and amount as stipulated by the current legislation.

The Applicant is the author of an invention (utility model), the author’s employer, or the author’s successor. The application can be filed by the natural as well as legal person (resident or non-resident), in person or through the authorized representative on the ground of powers of attorney. In the latter cases the power of attorney issued for the submission of the patent application and other actions, shall be enclosed together with the registration claim’s documents.

The patent application claims are examined by the Ukrpatent in two stages:

• determination of the date of filing of the application – the application is examined from the point of presence of all the required documents and information, and the fact of payment of the relevant fee is ascertained. In case of suffiency of all the documents and their consistency with the official requirements, the claimant receives the notification on the determined date of the application’s filing.
• examination of patent application – the application documents are examined on their conformity with the requirements set up under the Law of Ukraine "On the Protection of Rights to Inventions (Utility Models)". In case of any non-conformity with any of the existing requirements the applicant receives thenotification where all the non-conformities are specified. The applicant has right to correct all the non-conforimites and/or make other corrections in the application documents within the next 2 months. In case of conformity of the application documents with the existing requirements the applicant receives the decision on the completion of the formal expertise and the possibility to start the examination as to substance (regarding the application for an invention)decision on the issue of patent to the utility model.
• examination as to substabce – (required only for the application for an invention) – the invention is checked on its conformity to the patentability requirements as specified by the law. The expertise as to substance starts only upon the payment of the relevant state fee, after the respective application is received by the Ukrpatent. In case of non-conformity of an invention to any of the patentability requirements, the applicant receivespreliminary conclusion where all teh non -conformities are specified. The applicant has right to present his argued reply and/or correct the existing non-conformities within the next 2 months. In case of conformity of the invention to all the patentability requirements, or if all the arguments and corrections have been submitted by the expertise, the applicant receivesdecision on issue of the patent to the invention

Upon the delivery of the positive decision the claimant shall pay the state fee for the issue of patent together with the fee for publication of the information on patent, in the state registry in the amount as stipulated by the law.

Upon the payment of fees the information on the issue of the respective patent is published in the official bulletin “Industrial Property” and is simultaneously included in the state registry. The claimant thus receives the patent on the invention (utility model), and obtains the status of owner of the exclusive rights on the invention (utility model).