Invention and utility model patents
A full range of services for registering a patent for an invention or utility model
What is an invention or utility model in terms of intellectual property? And how do they differ from the industrial design?
If your product is a completely new or improved version of an existing product on the market, then it is an invention or utility model. As you know, an industrial design protects the appearance of a product, its design, and therefore it is possible to make a logical assumption: if you protect the type of product, then you need a patent for an industrial design, if you are interested in protecting the qualitative characteristics of the product or the process itself (technology, method) production, then this is realized using a patent for an invention or utility model.
What is an invention or utility model in terms of legislation?
Thus, an object of the invention may be a method, product or new application of a known product.
A product as an object of the invention is a device, substance, strain of a microorganism, and a new use of a known product, for example, a new use of a known substance for innovative use.
Varieties of plants and animal breeds, topographies of integrated circuits cannot be objects of invention in Ukraine, since they are protected separately by law. Also, the objects of the invention cannot be biological processes of reproduction of plants and animals that are not related to non-biological and microbiological processes.
It should be remembered that the condition for obtaining a patent for an invention is its novelty, inventive nature and industrial applicability, and the conditions for patenting a utility model are novelty and industrial applicability.
The process of obtaining a patent for the invention of a utility model begins with a search for “patent clarity”, that is, from the process of determining whether there are similar registered patents for a method or product in order to determine the feasibility of registering a patent or the possibility of obtaining such a patent.
Next, an application is filed and the standard examination procedure for obtaining a patent is сonducted.
The validity of a patent for inventions in Ukraine is 20 years, subject to annual payment of the fee for maintaining the patent, in some cases, the validity period can reach 25 years.
The utility model is valid for 10 years under the same conditions as a patent for an invention.
To obtain advice on the process of filing a patent for an invention or utility model, an initial description of the subject of patenting and drawings are necessary. After a preliminary review of the documentation, we will be able to provide you with a full consultation on the patentability of this object as a whole and offer to conduct a patent search. And also calculate the cost of obtaining a patent, considering a number of features.