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Registration of invention, registration of utility model

In order to obtain a patent on the territory of Ukraine for a utility model, you will need to issue an application sent to Ukrpatent. Under the application, it is customary to consider a certain set of documents that is properly executed. If the owner of the invention wants to obtain a patent in another country, he will need to submit an application to the office of a particular state or use international registration through Ukraine. In the latter case, the client can obtain a patent in almost any country.

After the submitted application has been sent to Ukrpatent, specialists conduct two stages of mandatory examinations at once:

  • formal
  • qualifying.

If we are talking exclusively about a utility model, then only one type of examination is carried out, a formal one. During this procedure, you will need to confirm that the specified object is  considered an invention marked useful.

During the qualification procedure, you will need to prove that this object meets the basic conditions of patentability.

If both examinations were passed successfully, the model owner receives a patent. However, you should be prepared for the fact that for each step (applying, conducting one or more examinations, making adjustments to applications, etc.) you will need to pay a state fee to Ukrpatent.

Any invention is subject to legal protection only if it:

  • is a new
  • characterized by a certain inventive level
    • has commercial operation.

As for the utility model, it falls under legal protection, provided that experts note its commercial operation, and it is considered new.

Thus, the presence of a patent is a guarantee of legal ownership of a particular model / invention.

In Ukraine, there is a law that patent validity for a new invention is 20 years from the date of filing a patent application.

The validity period of a utility model patent is less than 10 years.

Kasyanenko & Partners Law Company is always ready to help every customer and help solve issues associated with the patenting of different models or inventions. As a result, specialists will not only provide professional advice, but will also be able to answer all your questions, prepare and issue all the necessary documents, as well as get a patent, freeing you from unnecessary difficulties.

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