Inventions & Utility Models

Basic provisions of the law on the protection of rights in inventions and utility models.
Procedure for grant of a patent

The Law of Ukraine “On the Protection of Rights in Inventions and Utility Models” provides for a deferred examination of applications for inventions.
After having determined the filing date of the application, subject to receiving proof of payment of the filing fee for the application, the State Patent Office of Ukraine effects a formal examination of the application in order to determine whether the subject matter of the application is one of the subject matters to which legal protection may be granted and to check that the application meets the prescribed requirements.
If the application meets the requirements and the proof of payment of the filing fee for the application satisfies the prescribed requirements, the State Patent Office of Ukraine, in the case of an application for a patent for invention with the term of 5 years or for a utility model, takes the decision to grant a patent, and in the case of an application for a patent for invention with the term of 20 years, notifies the applicant of the fact that the application may be subjected to the substantive examination.
With the purpose of making available the particulars of an application for a patent for invention with the term of 20 years to the persons concerned, on expiry of a period of 18 months as from the filing date of the patent application or, where priority is claimed, from the priority date, the State Patent Office of Ukraine publishes in its official bulletin such data on the application as it has determined.
Publication of the data on the patent application in accordance with the above Law affords the applicant provisional protection within the scope of the claims as published for the period from the publication date of the particulars of the application till the publication on the grant of a patent.
At the request of the applicant or of any other person, the State Patent Office of Ukraine  proceeds with the  substantive examination of an application for invention.
If the results of the substantive examination of the application show that the invention meets the requirements of patentability, the State Patent Office of Ukraine takes a decision to grant a patent. If not, a decision to refuse the application is taken.
On the basis of its decision to grant a patent for an invention (utility model) and if it has received proof of payment of the fee for the granting of a patent, the State Patent Office of Ukraine publishes in its official bulletin the data that it  has determined on the grant of the patent.
When publishing the data on the grant of a patent, the State Patent Office of Ukraine effects the official registration of the patent for invention (utility model).
An applicant may lodge an appeal from any decision of the State Patent Office of Ukraine concerning his application with the Board of Appeal of the State Patent Office of Ukraine within a period of three months as from the date of receipt of the decision concerned or of copies of patent documents he has requested.