In the strategy of protecting intellectual property rights, the important point is not the number of obtained protection documents, but the correct choice of what needs to be protected. When patenting certain objects, many applicants have the question of what to choose – an invention or a utility model.
Invention is the result of human intellectual activity in any field of technologies (a new device, method, substance, strains of microorganisms, cultures of animal and plant cells, method (process)
Obligatory conditions of patentability:
- world novelty;
- inventive level;
- industrial applicability.
In the case when the technical solution does not have an inventive level, it is possible to obtain a patent for a utility model.
The term of a patient registration for an invention in Ukraine is on average about 12-24 months. The procedure itself includes the submission of the necessary package of documents to Ukrpatent, passing formal and qualified examinations, obtaining a decision on issuing a patent and information publishing. The document is issued for 20 years with the right of extension.
One of the most difficult tasks is a thorough search in national and international databases, to which thousands of new samples of scientific discoveries are added every day. It should be noted that despite the requirement of world novelty to the invention, its legal protection is carried out only in the territory of the state that issued the patent.
In this connection, potential applicants may have concerns about filing an application. Indeed, according to the national procedure for registering a patent for an invention, the applicant discloses the essence of the invention, describes the details of its work, diagrams, drawings. And after a certain time after filing the application, all these data will be published and thus become available for implementation in any other country of the world.
In this case, you should take care in advance of qualified legal assistance that VigoLex lawyers can provide. Already at the stage of preparing documents for filing an application, it is necessary to think over and develop a reliable plan for the protection of intellectual property both in the territory of Ukraine and at the international level.
Advantages of international registration of a patent for an invention:
- protection from competitors;
- expansion of activities;
- search of investors for the invention implementation abroad;
- ensuring favorable conditions for the license sale to foreign companies.
Based on the practice of law firm VigoLex, there is a great interest in obtaining American patents. This is primarily due to the fact that the US legislation effectively protects the interests of the owners of protection documents obtained in this country.
However, every client and every case is unique for us. The individual approach of VigoLex professionals to each case allows you to achieve the most beneficial results in a short time, regardless of territorial jurisdiction.