Laws | BLOSHCHYNSKA & COMPANIONS
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The Patent Attorneys Bureau B&Co | LAWS

LAWS

The legal protection shall be granted to an invention (utility model) that does not contradict the public order, humanity and morality and complies with the requirements of patentability.   The object of an invention (utility model), may be: 
  • a product (device, substance, microorganism strain, plant or animal cells culture etc.);
  • a process (method) as well as the novel use of a known product or process.
According to this Law, the legal protection shall not extend to such technology objects:
  • plant varieties and animal breeds;
  • processes of the reproduction of plants and animals that are biological in its basis and do not belong to non-biological and microbiological processes; 
  • topographies of integrated circuits; 
  • results of art constructing.
The term of the patent for an invention is 20 years as from the date of filing of the application with the Office. The term of a declarative patent for a utility model is 10 years. The application for an invention shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (requirement of unity of invention). The application for utility model shall relate to one utility model (requirement of unity of utility model).   The application shall be presented in Ukrainian and shall contain:
  • request for granting a patent;
  • description; 
  • claims; 
  • abstract.
On the expiry of eighteen months from the filing date, or from the priority date of an application for the grant of a patent of invention, the Patent Office publishes information on the application in the Official Bulletin. The qualified examination may be requested within three years from the filing date. The rights deriving from a patent is effective from the date of publishing the data on granting a patent.
As a subject matter of an industrial design deemed may be:
  • a form;
  • an image or colouration, or a combination thereof defining an appearance of an article and destined to meet aesthetic and ergonomic demands.
A patent of industrial design shall be valid within ten years from the date of filing with the Patent Office and shall be renewable for a term of no more than five years. An industrial design is patentable if it is new and is capable of industrial application. An application shall be made out in the Ukrainian language and shall include:
  • request for the grant of a patent;
  • set of photographs of an industrial design;
  • description of an industrial design;
  • drawing, diagram, chart (if any).
After an application has undergone the formal examination, the Patent Office shall forward to an applicant a decision of grant of a patent. A patent is granted within one month after it has been registered in the State Register. The rights derived from a patent enter in force from the date of publication of the mention of the grant of a patent in the Official Bulletin. A patent shall be granted to an applicant under his responsibility without the guarantee for the validity. A patent of industrial design shall be annulled:
  • from the date of publication of the mention of the industrial design owner's declaration of complete or partial withdrawal of a patent;
  • from the first day of the year for which the annuity has not been paid, i. e. in case of non-payment of the annuity for maintaining a patent in force when due.
A patent of industrial design shall be declared completely or partially annulled in case when:
  • an industrial design patented does not comply with the conditions of patentability;
  • an industrial design includes, among its substantial features as a whole, those features which were not included in an application as originally filed.
A patent may be declared null by the court only
A trademark is any sign, capable of distinguishing the goods or services of one manufacturer from those of other manufacturers, including:
  • words;
  • figurative elements;
  • three-dimensional and other signs, or a combination thereof made in any colour or a combination of colours.
A certificate shall be valid within ten years. The registration of a trademark shall be renewable indefinitely for a term of no more than ten years. An application shall be made out in the Ukrainian language and shall include:
  • request for registration of a trademark;
  • description of a trademark to be registered;
  • list of goods and services in respect of which a trademark is to be registered;
  • classes of goods according to the International Classification of Goods and Services;
A substantive examination is conducted by the Patent Office without a request of an applicant. A certificate is granted within one month after a trademark has been registered in the State Register. The rights derived from the registration of a trademark enter into force from the date of filing an application. The practical use of the rights derived from the registration of a trademark is possible from the date of registration of a trademark. The rights to a trademark loose their effect:
  • from the date of publication of the mention of the tradn from the date of publication of the mention of the trademark owner's declaration of complete or partial withdrawal of a certificate;
  • from the first day of a certificate validity, for which a fee has not been paid, i. e. in case of non payment of the fee for the renewal of a certificate;
  • in case of non-use in Ukraine within three years from the date of publication of the mention of the grant of a certificate (by a decision of a Court).
The rights to a trademark may be declared null in full or in part in the case when:
  • a trademark does not comply with the terms of protection;
  • a certificate includes elements of a trademark representation and a list of goods and services which were not present in an application as filed.
A registration of a trademark may be declared null by the court only Disputes relating to the infringement of rights to a registered trade mark shall be heard by courts pursuant to the provisions of the present law, as well as the legislation of the Ukraine on unfair competition
A certificate for layout design shall be valid within ten years from the date of filing an application for registration with the Patent Office, or from the first commercial exploitation, provided that an application shall be filed with the Patent Office no later than two years after the first commercial exploitation. A layout design meets the requirements of patentability if it is original. An application shall be made out in the Ukrainian language and shall contain the following:
  • request for registration of a layout design;
  • documents identifying a layout design.
The examination procedure consists of formal and substantive examination. A certificate is granted within one month after a layout design of integrated circuits has been registered in the State Register. A notice of opposition to the registration of a layout design of integrated circuits may be given to the Board of Appeals within six months from the date of publication of the mention of the grant of a certificate.