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.
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