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Facts about IP
Успешные рекламные кампании популярных ТМ
Useful
  • en. Предварительный поиск на тождество и сходство торговой марки проводится по специальным закрытым базам данных Укрпатента
  • en. Для начала работы по регистрации торговой марки Вам необходимо заполнить анкету и доверенность, бланки которых мы
  • en. Торговой маркой могут быть, в частности, слово (слова), изобразительные элементы (рисунки), комбинации слов и рисунков
  • en. Регистрация торговой марки в Украине и регистрация торговой марки за рубежом - отдельные процедуры

Registration of inventions and utility models

Speaking the language of the legislator, an invention as well as a useful model is the result of human intellectual activity in any field of technology. An object of an invention and a utility model can be device, substance and process in any field of technology.

Protection document that certifies priority, authorship and property right on an invention (a utility model) is a patent which is issued for 20 years from the date of application (for inventions) and for 10 years from the date of application (for utility models).

Preparation of documents for obtaining a patent for invention or utility model requires not only the spending much time and knowledge in the field of intellectual property. It also requires considerable experience in this area and, a rule, special technical education.

That is why an experienced patent attorney, who has 20 years of work experience, works for our Agency and he leads this area.

So how can you become a patent owner for invention or utility model? It is important to remember that for inventions and utility models there are special criteria for patentability, i.e. phrase "I have some idea of…" is not enough. As a minimum, you have to know the answers to such questions as: What is the uniqueness of your device (substance or process)? Which advanced characteristics does it have compared with the existing devices (substances or processes)? etc.

The criteria for patentability of inventions:

  1. novelty;
  2. inventive step;
  3. the industrial applicability.

Criteria for protection of utility models:

  1. novelty;
  2. industrial applicability.

The scope of legal protection is defined by the definition of an invention (utility model). The formula is a component of the application (together with statement, description, abstract and drawings) and a brief description, which expresses the essence of the invention (utility model).

Subjects of property rights on an invention (utility model) can be:

  1. inventor or author of industrial design;
  2. other persons who have accrued rights on an invention (utility model) by agreement or on other legal grounds. Individuals, who have not made a creative contribution to the creation of an invention (utility model) and provided the creation and/or the registration application only with technical, organizational or material assistance, are not recognized to be inventors or authors of the utility model. Inventors and authors of a utility model have the right of authorship that is an inalienable right and is protected with no fixed term.

Intellectual property rights are:

  1. the right to use an invention (utility model);
  2. the exclusive right of authorizing the use of an invention (utility model), in particular, to issue licenses;
  3. the exclusive right to prevent improper use of an invention (utility model), in particular, prohibit such use.
    There are not the only intellectual property rights.

Intellectual property rights on an invention (utility model) are valid from the date following the date of their state registration (but not from the filing date as for trade marks).
The right of prior use of an invention (utility model)
Any person, who uses an invention (utility model) in Ukraine in good faith or carried out the real and serious preparations for such use before the filing date for an invention (utility model) or before the date of the claimed priority for the benefit of his/her activity, is entitled to free continuation of such use or use, that was provided by this preparation (the right of prior use).

The right of prior use may be transferred or passed to other person only together with an enterprise, business practice or with the part of the enterprise or business practices, which the invention (utility model) was used in or carried out serious and substantial preparation for such use.

The use of an invention (utility model) is:

  1. manufacturing of product using the patented invention (utility model), use of such product, offer for its selling, including selling by Internet, selling, importation (import), other introduction of the product into the public turnover or storage of such product for certain purposes;
  2. application of the process, protected by the patent, or offer of its use in Ukraine.

The patent owner can use a warning sign with indication of the patent number on the product or its packaging manufactured using the patented invention (utility model).

Abuse of the rights of a patent owner is any encroachment on the rights of the patent owner and it leads to legal liability. At the request of the patent owner this abuse should be stopped and a violator is obliged to pay the owner the caused damages. It is important to know the rights resumption of the patent owner can be demanded in case of consent of the patentee even by person who purchased a license.

That is why abuse of rights is manufacturing, use, selling and importation of patented products or usage the patented process for manufacturing, use, selling or importation of products directly received in this way without the consent of the patentee.

Ways of protection of rights 
Protection of the rights on invention (utility model) is carried out in court or other order established by law.

Competence of courts applies to disputes relating to:

  1. authorship of the invention (utility model);
  2. establishment the fact of invention (utility model) use;
  3. establishment of the patent owner;
  4. abuse of rights of the patent owner;
  5. preparation and implementation of licensing agreements;
  6. the right of prior use;
  7. compensations.