Utility models

 
I. Protection of Utility Models in Ukraine;
II. National filing a patent application in Ukraine;
III. PCT filings;
IV. Additional information regarding the filing requirements;
V. Forms (documents) required for accomplishing National Filing of Utility Model application in Ukraine;
VI. Forms (documents) required for entering national phase of PCT application in Ukraine for obtaining Utility Model patent.
 
 
I. Protection of Utility Models in Ukraine

Under “Law of Ukraine on the Protection of Rights in Inventions and Utility Models” the Utility Model is considered to be a product of human’s intellectual activity in a filed of technology. 

The following subject matters of a Utility Model shall be patentable:

  • product (apparatus, substance, strain of microorganism, cell culture of plant or animal);
  • process (method);
  • use of a known product or process for new purpose

The following subject matters of a Utility Model shall not be patentable:

  • plant varieties and animal breeds
  • inherent natural biological processes of reproducing of plants and animals, which process has no relation to non-biological and microbiological processes;
  • an integrated microcircuit topography;
  • styling designs;
  • computer programs.

The Utility Model meets the requirements of patentability if it is new and has industrial applicability.

A patent for Utility Model shall be valid for 10 years from the date of filing with the Patent Office of Ukraine or from the international filing date (PCT filing).

 

II. National filing a patent application for Utility Model in Ukraine

1. Information and documents required for accomplishing National Filing of patent application for Utility Model:

a)      The application materials (description, claims, abstract, drawings);

b)      Filing particulars, namely:

a.       name, country of incorporation and address of the Applicant(s);

b.      name, country of residence of the inventor(s);

c)      Power of Attorney signed by authorized person on behalf of Applicant (POA does not need notarization or legalization)

d)      Certified copy of the priority application (when claiming priority according to Paris Convention).

2. Information regarding the filing requirements:

a)      Translation of the application materials into Ukrainian shall be filed within 2 (two) months from the date of filing;

b)      Official filing fee shall be paid within 2 (two) months from the date of filing;

c)     Certified copy of the priority application shall be filed within 3 (three) months from the date of filing (when claiming priority according to Paris Convention).

d)     Power of Attorney can be filed when filing patent application or later on the formal examination stage;

e)    Granting fees shall be paid within 3 (three) months from the date of Granting Decision receipt.

III. PCT filings

1. For entering national phase of PCT application for Utility Model we need the following documents:

a)       A number of the PCT application;

b)      Power of Attorney signed by authorized person on behalf of Applicant (POA does not need notarization or legalization).

2. Filing requirements:

a)     Translation of the application materials into Ukrainian shall be filed before expiry of 31 months term from the priority;

b)      Official filing fee shall be paid before expiry of 31 months term from the priority;

c)      Power of Attorney can be filed when filing patent application or later on the formal examination stage;

d)    Granting fee shall be paid within 3 (three) months from the date of Granting Decision receipt.

IV. Additional information regarding the filing requirements

1. Any Declarations or Assignments between inventor(s) and applicant(s) shall be filed if necessary or upon request. Generally these documents shall be available by request. Any forms signed by the inventors, except Declaration mentioned above are not required for accomplishing either National or PCT filings.

2. According to applicable Ukrainian patent regulations a single General Power of Attorney could be used for all patent application filed in the name of one applicant.

3. The terms of entering national phase of PCT application and official filing fee payment as well as filing translation into Ukrainian can be extended but no more than for 2 months.

4. The missed term of entering national phase of PCT application can be renewed in case of reasonable excuse.

V. Forms (documents) required for accomplishing National Filing of Utility Model application in Ukraine:

  1. The application materials (description, claims, abstract, drawings);
  2. Filing particulars, namely:
    • name, country of incorporation and address of the Applicant(s);
    • name, country of residence of the inventor(s);
  3. Power of Attorney signed by authorized person on behalf of Applicant;
  4. Certified copy of the priority application (when claiming priority according to Paris Convention).

VI. Forms (documents) required for entering national phase of PCT application in Ukraine for obtaining Utility Model patent:

  1. A number of the PCT application;
  2. Power of Attorney signed by authorized person on behalf of Applicant. 
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