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The peculiarities of invention (utility model) patenting in Ukraine

Patenting services occupy a special place in our company’s practice related to intellectual property rights. In addition to it, the most popular areas of this field are:

  • Trademark registration;
  • Industrial designs registration;
  • Copyright registration;
  • Development of license agreements and legal support of the signing process.

Today we will talk about how to register your rights to an invention.

Related article: Registration Of Ownership To A Trademark

What is the patent on the invention?

Patent is an official document which confirms the inventor’s right to use the invention and the right of ownership to the invention.

It grant the inventor:

  • the exclusive right to use the invention at its own discretion;
  • the right to authorize someone else to use the invention;
  • the right to prevent illegal use of the invention and the right to prohibit others from using the invention.

In other words, a patent is a document that gives the owner (inventor of an invention/useful model) certain advantages and special rights over the others. It also creates so-called privileges for the author.

Related article: Intellectual Property Rights

Getting a patent on the invention (utility model)

A patent may be granted for:

  • product;
  • process (technology);
  • new application of a known product or process.

To be patentable, the invention must meet the following three conditions:

  • to be new (our lawyers will help you determine that).
  • to be inventive;
  • be industrially applicable - it can be used in practice.

When  registering (patenting) an invention, you may be required to prove to the Ukrainian Intellectual Property Institute (Ukrpatent) that your invention meet each of these conditions. We will help you to do this.

The requirements to the subject matter of the patenting (registration) reveal the slight difference between such notions as “patent on the invention” and “utility model patent”, because in order to obtain a utility model patent, the invention is enough to be only new and industrially applicable. In other words, it is not required to be inventive.

Related article: Article On The Territory Of The Patent For The Legal Newspaper

What are the peculiarities of getting a patent on invention (utility model) for a foreign citizen?

Foreigners and those who do not permanently reside in Ukraine are entitled to obtain a patent on their inventions only through patent attorneys.

While Ukrainian citizens or legal entities, that are registered in the territory of Ukraine, may personally apply for a patent or through an authorized person (not a patent attorney).

The peculiarities of obtaining a patent through a patent attorney will be revealed in another article, so if you want to know more about this procedure, please call us.

Who will be the owner of the invention patent if the invention was created by an employee during working hours, while performing his work duties?

In this case, both the employee and the employer may become the owner of the patent. The decisive factor in this case plays the fact that the inventor, i.e. the employee, must inform the employer that he/she created the invention or utility model.

The employer, on the other hand, has four months to conclude an agreement with the employee on payment of remuneration for the invention and to file a patent application to the registration authority.

If the employer doesn’t do this within the period specified above, the patent owner will be the inventor, i.e. an employee.

However, the relationship that arises between the employee and the employer also plays an important role in this issue. In case the invention or creation of other intellectual property objects is the direct responsibility of the employee, the owner and the inventor will be the employer.

Related article: Registration Of Intellectual Property Rights To A Software Program

If you want to obtain a patent for an invention or utility model, please contact us for professional advice and further legal support of the patenting process.

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