A patent is a state-of-the-art protection document certifies the exclusive right, authorship, and priority of an industrial design, invention, and utility model.
How to get a patent in Ukraine? Phased plan:
- Carry out patent classification;
- Conduct patent information research to identify the closest known technical solution (prototype) to your invention;
- Carry out a comparative analysis of the identified prototype with your invention or utility model;
- Draw up a claim for an invention or utility model;
- Draw up a patent description of an invention or utility model:
1. Field of application, prior art, technical (positive) result that is achieved during use, disclosure of the essence of the invention or utility model, disclosure of non-obviousness of the invention — inventive step, description of the best application of your technical solution with references to drawings, images;
2. Correctly draw up drawings and images of a structure, device, or technological process;
3. Make an abstract of the patent application;
4. Collect the patent application/supporting documentation and send it to Ukrpatent, the National intellectual property regulatory authority.
State patent examination
After the department for receiving and primary processing of applications of Ukrpatent receives and processes the documents, you will be sent a "Notice of acceptance of the application" by mail, which will indicate the number of the application and the date of filing the application (if the state fee is paid and all documents in stock).
If all documents comply, the application for an invention or utility model goes to the formal examination department. At the end of the formal examination, if the patent formula, description, drawings, and everything else comply with the established articles of the law of Ukraine On the Protection of Rights to Inventions and Utility Models, Rules for Drawing Up and Submitting Applications for Inventions and Utility Models, you will receive from Ukrpatent Notification of the completion of the formal examination. In practice, the period for carrying out a formal examination is from 6 to 10 months.
For an application for a utility model, simultaneously with the notification of the completion of the formal examination, Ukrpatent sends a Decision on the grant of a patent for a utility model.
For an application for an invention, simultaneously with the notification of the completion of the formal examination, Ukrpatent sends a Notice of the opportunity to conduct a qualification examination" — the identification of "novelty", "inventive step" and "industrial applicability". For such an examination, it is necessary to pay a state fee of $120 for legal entities or $5 for individuals — the authors of one technical solution. After paying the specified state fee, the expert of Ukrpatent begins to carry out a qualification examination, the duration of which can be from 12 to 24 months, depending on the complexity of the patented object. In the course of this procedure, the expert carries out a patent information search across all available world sources and identifies patents, publications, information that are closest to your invention. Then the expert makes a comparative analysis of the identified objects with your invention.
As a result of the examination, you may be sent:
- The decision to grant a patent (if the expert did not identify previously known objects identical with yours, and if the expert was satisfied with the “inventive step” and “industrial applicability” of the invention);
or you get
- Provisional refusal to grant a patent (if the invention was already known on the date of filing your application, or does not meet the necessary criteria for "inventive step" and/or "industrial applicability" of the object).
In case of a preliminary refusal, you have the right to give a reasoned answer to the Ukrpatent in favor of granting a patent, and the examination takes or does not take your answer into account. accordingly, thereafter, the patent may or may not be issued.