Patent Application in Ukraine

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Release time:2016-05-13

One,Overview of patent applications in Ukraine

Ukraine is a member of the World Intellectual Property Organization and a signatory to a number of international agreements and conventions in the field of intellectual property protection. In 2006 and 2007, Ukraine achieved tangible results in improving national intellectual property legislation, in particular in meeting the requirements of accession to the WTO. In 2006, a new customs act was enacted in Ukraine, which provides a legal basis for the further implementation of systematic measures to combat the import and export of counterfeit goods. The above-mentioned positive developments in the field of intellectual property have enabled Ukraine to better integrate into the World Trade Organization, and accession to the WTO and the TRIPs Agreement can also be regarded as a great progress in the field of intellectual property in Ukraine. In 2011, the State Intellectual Property Department of Ukraine was transformed into the State Intellectual Property Service, which became the central executive body in the field of intellectual property in Ukraine. This change demonstrates the priority of intellectual property protection in the legal framework and economic development of Ukraine, as well as the progress of Ukraine in the field of intellectual property in line with international standards.

Law No. 3687-XII on the Protection of the Rights of Inventions and Utility Model (amended on May 22, 2003, OJU No. 35, Article 271), which came into force on December 15, 1993, provides for the acquisition and exercise of rights related to inventions and utility models. Law No. 3688-XII on the Protection of the Rights of Industrial Designs (last amended on 22 May 2003, GVR No. 35, article 271), which came into force on 15 December 1993, is a law on industrial designs.

International treaties relating to patents
Paris Convention for the Protection of Industrial Property of March 20, 1883;
Patent Cooperation Treaty of 19 June 1970;
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure of 28 April 1977;
The Hague Agreement on the Preservation of Industrial Designs (The Hague Act of 1960 and the Geneva Act of 2 July 1999);
Patent Law Treaty of 1 June 2000.

Inventions that do not violate the public interest, humanitarian principles and ethics, and at the same time meet the corresponding requirements of patents, that is, inventions of novelty, originality and industrial application can enjoy patent protection.

 

2. Classification of Ukrainian Patent Applications

1. Application for invention patent

The holder of a patent for invention shall enjoy the exclusive right to use the invention and shall have the right to prohibit others from using the invention, including the import or export of the patented product, or the production of a product based on the patented process. An invention can be a product (equipment, substance, microbial culture), a process, or a new use of an existing product. The right to a patent includes the inventor, the employer (in the case of an employee's invention) and the heirs of the inventor or employer.

2, design patent application. international patent application

3. Application for utility model patent. Utility models that are novel and can be applied to industry can also apply for patent protection.

 

3. the term of patent protection in Ukraine

1. The validity period of the patent is 20 years from the date of application. As a means of relief and protection, the term of validity of a patent for invention may be renewed, but shall not exceed 5 years. This provision applies to animal and plant-related inventions, which also require the approval of the relevant state agencies.

The patent right shall take effect from the date of publication of the patent. international patent application

2, novel, can be applied to industrial utility models can also apply for patent protection. Compared with invention patents, the patent protection period of utility model is 10 years.

3. The protection period of the design patent is 10 years.