English
Under Law of Ukraine "On Protection of Rights in Industrial Designs" an industrial design shall be construed as an artistic and technical solution defining the outward appearance of a manufactured article.
An industrial design shall be granted protection if it is new, original and industrially applicable.
The following shall not be recognized as patentable industrial designs:
▪ objects of architecture (except small architectural forms), industrial, hydrotechnical, and other stationary structures;
▪ printed products per se;
▪ objects of an unstable form of liquid, gaseous, free-flowing, or like substances, etc.
▪ objects that are contrary to the public interest, humanitarian principles or morality.
The Patent for industrial design is valid for 10 (ten) years from the date of receipt of the application by the Patent Office of Ukraine. The validity of the Patent could be extended for 5 (five) years.
I. Filing an industrial design application in Ukraine
1. Forms (documents) required for filing of industrial design application:
a) Filing particulars
- name, country of incorporation and address of the Applicant(s);
- name, country of residence and address of the creator(s);
b) A set of photographs (images) of the article (model, design), providing full and detailed views of its outward appearance;
c) the description of the industrial design, covering all its essential features;
d) Certified copy of the priority application (when claiming priority according to Paris Convention);
e) Power of Attorney signed by authorized person on behalf of Applicant (POA does not need notarization or legalization).
2. Requirements for prosecution of the application:
a) Official filing fee shall be paid within 2 (two) months from the filing date;
b) Certified copy of the priority application shall be filed within 3 (three) months from the filing date (when claiming priority according to Paris Convention);
c) Power of Attorney could be filed when filing industrial design application or later on the formal examination stage;
d) Granting fees shall be paid within 3 (three) months from the date of Granting Decision receipt.
II. Additional information regarding the filing requirements
1. According to applicable Ukrainian regulations a single General Power of Attorney can be used for all industrial design applications filed in the name of one applicant.
2. Practically all terms in filing and prosecution of application can be extended by way of filing special petition and payment of definite extension official fee.
