Inventions & Utility Models

Basic provisions of the law on the protection of rights in inventions and utility models.
Rights deriving from a patent

The rights deriving from a patent have effect as from the date of publication of the data on the grant of the patent, subject to payment of the annual fees for maintaining the patent.
A patent affords its owner the exclusive right to exploit his invention (utility model) at his own discretion, insofar as such exploitation does not prejudice the rights of other patent owners.
Where more than one person is the owner of the same patent, their relationship with regard to the exploitation of the invention (utility model) which is the subject of the patent must be determined by common accord. Failing such agreement, each patent owner may exploit the invention (utility model) at his own discretion, but none of them is entitled to give authorization (or grant a license) for the exploitation of the invention (utility model) nor assign property in the invention (utility model) to others without the consent of the other owners of the patent.
A patent affords its owner the right to prohibit others from exploiting his invention (utility model) without his authorization, except where such exploitation is not held to infringe the rights of the patent owner.
A patent owner may assign by contract property in his invention (utility model) to any person, who then becomes his successor in title.
A patent owner has the right to give authorization (or grant a license) to any person to exploit the invention (utility model) under a licensing contract.
A contract assigning property in an invention (utility model) and a licensing contract is deemed valid if concluded in writing and signed by the parties. It may not be invoked against others until it has been registered with the State Patent Office of Ukraine.