If your product is entirely new or an improvement on an existing product in the market, then it can be considered an invention or a utility model.

An invention can be a method, product, or a new application of a known product. The term “product” as an object of invention refers to a device, substance, microorganism strain, plant or animal cell culture. The term “new application of a known product” means, for example, a novel and innovative use of a known substance.

Certain items cannot be considered objects of invention in Ukraine, such as animal breeds and plant varieties, and topographies of integrated circuits, as they are protected separately by legislation. Biological processes for plant and animal reproduction that are not related to non-biological and microbiological processes are also not patentable.

To obtain a patent for an invention, it must meet the criteria of novelty, inventive step, and industrial applicability. For a utility model, the conditions are novelty and industrial applicability.

The process of obtaining a patent for an invention or a utility model starts with a search for “patentability,” which involves determining whether similar patents exist for the method or product to assess the feasibility of patent registration or the possibility of obtaining such a patent. Then, an application is submitted, and the standard examination procedure is applied to obtain the patent.

The term of a patent for inventions in Ukraine is 20 years, subject to annual maintenance fees. In some cases, the term can be extended to 25 years. The term of a utility model is 10 years under the same conditions as a patent for an invention.