1 Patenting of Inventions and Utility models

2 The contemporary IP legal base in Ukraine was founded in 1992, when the state attained sovereignty. At present we have an efficient system for protecting intellectual property, based on several international conventions and agreements. The Ukrainian laws are currently being harmonised with the laws of the European Union. Ukraine is one of the Contracting Parties of the following international acts concerning inventions and utility:

3  Paris Convention for the Protection of Industrial Property  Convention Establishing the World Intellectual Property Organization (WIPO Convention)  Patent Cooperation Treaty (PCT)  Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure  Patent Law Treaty  Strasbourg Agreement Concerning the International Patent Classification (IPC)

4 ПОРЯДОК ОДЕРЖАННЯ ПАТЕНТУ Особа, яка бажає одержати патент (деклараційний патент) і має на це право, подає до Установи заявку.

5 Foreign citizens and persons without citizenship have the same rights according to international conventions, Constitution of Ukraine and code of laws of Ukraine. However, they should communicate with the Ukrainian Patent Office only through registered Patent Attorneys of Ukraine. What can be an invention (utility model)? An invention (utility model) is the result of human intellectual activity in any field of technology. An invention (utility model) can be: a device, substance, strain of microorganisms, plant and animal cell culture a process or method a new use for a known device, substance or process.

6 In Ukraine the basic legal act concerning inventions and utility models is The Law of Ukraine On the Protection of Rights to Inventions and Utility Models.The Law of Ukraine On the Protection of Rights to Inventions and Utility Models A device as the object of invention is characterised by constructive (arrangement) features, such as the position of the elements and their interconnection, the shapes of the elements (parts, units), the relative size of the elements, the material from which the elements are produced. Devices include assemblies, machines, mechanisms, apparatus, tools, etc.

7 A substance as the object of invention is characterised by its components or chemical composition. In this case we differentiate between substances obtained non-chemically and chemical compositions. The former are characterised by their ingredients and their ratio (percentage, proportion, weight) and in some cases by the structure of the ingredients.

8 They include: mixtures, compositions, metals, putties, structural substances, alloys, ceramics, glass, etc. A chemical compound is a substance obtained chemically, i.e. an individual chemical substance formed by any electronic transformation of the molecule under various types of influence (chemical, physical, mechanical, microbiological, heat, light radiation, etc.).

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10 A process or method is a combination of actions performed with material objects and aimed to attain a certain technical result. E.g. manufacture, treatment, recycling and quality control; transformation of substance, energy, data; measurement of parameters, diagnostics, treatments, etc. An invention “concerning the use of a known product or process” is characterised by discovering a new relationship of a known object with others, which gives it new, unconventional uses..

11 The essence of this invention type is to find an opportunity to use the known properties of an object under new conditions, or to find new properties in a known object. In any of these cases the known object should be used under new unconventional conditions (“new application"). A tongue-in-cheek example could be the use of chicken eggs as drilling agent

12 The criteria your invention (utility model) should meet To receive legal protection, your invention should meet three criteria: the invention should be novel the invention should be unobvious (i.e. have inventive level) the invention should be industrially applicable. To receive legal protection, your utility model should meet two criteria: the utility model should be novel the utility model should be industrially applicable.

13 What cannot be considered an invention (utility model)? The following objects cannot be considered an invention (utility model): plant types and animal breeds biological processes of plant and animal reproduction which are not related to non-biological and microbiological processes topographies of microcircuits industrial designs and styling discoveries, scientific theories and mathematical methods methods of intellectual, economic, organisational and business activity (planning, financing, supplying, accounting, crediting, forecasting, rate setting, etc.)

14 guidelines and rules for physical exercise, games, contests, auctions projects and plans for installations, housing, compounds symbolic notations (road signs, routes, codes, types, etc.), timetables, instructions computer software the form of presentation (e.g. in charts, diagrams, graphs, with acoustic signals, words, visuals, books, audio and video discs).

15 What paper proves your right to your invention (utility model)? The right of ownership, priority and authorship to an invention (utility model) is proved by a patent issued by the State Department of Intellectual Property. In Ukraine, the duration of a patent for an invention is 20 years from the date of filing the application. The duration of a patent for a utility model is 10 years. If the invention concerns medicines, pesticides and agrochemicals, the duration of the patent can be extended up to 25 years.

16 How long does it take to obtain a patent? The Patent Office views patent applications within approximately 2 years (invention) approximately 8 months (utility model). There are legal ways to accelerate the procedure.

17 How do you file a patent application in Ukraine? There are two ways: file an application for an invention or utility model according to the Paris Convention file an international application (PCT application). To file an application for an invention or utility model according to the Paris Convention, you should submit the following papers: Full name/title of the applicant (the name and legal address for companies; the full name and place of residence for physical persons) Information about the inventors (full name, place of residence) Description of the invention or utility model, claims, drafts, abstract Certified copy of the priority document Power of Attorney Ukrainian translations of the description, claims, drafts, abstract (the translation is provided by our agency)

18 The translations, copies of priority documents, power of attorney can be submitted to the Ukrainian Patent Office within 2 months after the filing date. The application for qualifying examination can be submitted within 3 years after the application was filed to the Ukrainian Patent Office. To enter the national phase of PCT application we need the following documents: Copy of the international publication with the international search report Copy of the international preliminary examination report (if available) Copies of the PCT/IB/332 form + PCT/IPEA/402 (if available) Ukrainian translations of the description, claims, drafts, abstract (the translation is provided by our agency) Power of Attorney

19 The translations, copies of priority documents, power of attorney can be submitted to the Ukrainian Patent Office within 2 months after the filing date. The application for qualifying examination can be submitted within 3 years after the application was filed to the relevant office.