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COUNTRY : UKRAINE
CAPITAL : KIEV
LANGUAGE : UKRAINIAN & RUSSIAN
INTERNATIONAL TREATIES TO WHICH UKRAINE IS SIGNATORY
(i) Paris Convention for the protection of Industrial Property
(ii) Patent Co-operation Treaty “PCT”.
(iii) Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
PATENT LEGISLATION IN UKRAINE:
PATENT LEGISLATION IN UKRAINE
The Ukrainian legal system follows the Civil Law model with influences from the Roman Law.
Patents in Ukraine are Protected by The Law of Ukraine On Protection of Rights on Inventions & Useful Model.
Patents are granted by The Ukrainian Patent Office.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN UKRAINE:
nventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered “obvious” when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture.
INVENTIONS NOT PATENTABLE IN UKRAINE:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers, topographies of integrated circuits.
- Inventions contrary to public order & morals.
- Methods of treatment by surgery or therapy on humans and animals.
- Plant varieties and animal breeds.
- Processes of reproduction of plants and animals.
- Prejudicial to the Interests or Security of the Nation.
PartityPatents through it’s associate Law Firms in Ukraine, is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN UKRAINE:
(i). A formal request for the grant of a patent of invention .
(ii). The name and address or head office of the applicant or his representative .
(iii). Short adequate Title of the Invention to be patented.
(iv). Summary of the invention and Priority data if any.
(v). Description of the invention along with drawings if any.
(vi). Claims along with Abstract
(vii). Drawings necessary to understand the invention.
(viii). Application & Documents in Ukranian.
EXAMINATION OF THE PATENT APPLICATION IN UKRAINE:
- Upon receipt, the patent application is examined for compliance requirements.
- Any deficiencies are to be rectified by the applicant within stipulated period of time else, application deemed abandoned.
- Search report is drawn up and patent application is published to which interested parties may file opposition.
- Patent application is substantively examined.
- In the event no objections / opposition forthcoming, application is registered and patent granted.
RIGHTS OF THE PATENTEE IN UKRAINE:
TERM AND KINDS OF PATENTS GRANTED IN UKRAINE:
- Patents for an invention with a term of 20 yrs.
- Declarative patent for a utility model with a term of 6 yrs.
- Declarative patent for a utility model with a term of 10 yrs.
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent.
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN UKRAINE:
If a patent, is not used or is inadequately used in Ukraine within 3 years from the date of publishing the data on granting a patent or from the date when the use of an invention terminated
- Any person who wishes and is ready to use an invention may appeal to the court to grant a right to use the patent provided that the owner of rights has rejected the applicant’s request for a license agreement.
- If the patent owner does not prove that the fact of non use of the patent is caused by important reasons, the court shall grant permission to the interested person to use that patent and define the volume of its use, the term of the permission, the amount and procedure of remunerating the patent owner.
- In the case of dependent patents.
- Wherein it is deemed important for the purposes of protecting the health of the general public, ecological safety and other public interests, the Cabinet of Ministers of Ukraine may permit the use of the patented invention by a defined person without the consent of the patent owner provided that this owner has groundlessly rejected granting a license for the use of the invention in which event:
- The use of semiconductor technology shall be purely non commercial by bodies of the state power along with the implementation of anti competition practices by the decision of a relevant body of the state power; the permission for such a use shall not deprive the patent owner of the right to grant permissions for the use of an invention (utility model);
- the right to such a use shall be transferred together with the part of the enterprise or business practice in which this use is carried out;
- the use shall be permitted mainly for fulfilling the internal market needs of Ukraine;
- an adequate compensation in accordance with an economic value of an invention shall be paid to the patent owner.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Ukraine, can assist you comprehensively with Compulsory Licence matters.