Obtaining patents for utility models

The very first utility model patent was obtained in 1891 in Germany. At that moment, the requirements for registration were not high, the minimum level of “novelty” was quite enough. The patent was issued for 3 years with the possibility of a one-time extension for 6 years. Since that time, the concept of a utility model has expanded and different countries have formed their own peculiarities of this concept.

Utility model is an object of industrial property, a new technical solution. These are “small inventions”, industrial novelties that are not as significant as inventions.

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    In different countries that recognize this type of intellectual property, a protection document for a utility model can be called differently: “certificate of utility” in France, “small invention” in Australia, “short-term patent” in Belgium and the Netherlands, “useful innovation” in Malaysia.

    In Ukraine, it is a “utility model patent”, which is issued based on the results of a formal examination for the period of 10 years with the possibility of extension.

    According to the Ukrainian legislation, the object of a utility model can be a product (device, substance, strain of a microorganism, cell culture of plants and animals, etc.), a process (method). It is worth noting that in few countries the process can be registered as a utility model.

    The conditions for patentability of a utility model are:

    • novelty (there are no requirements for the presence of an inventive level unlike an invention)
    • industrial applicability.

    Having the extensive practical experience in this area law firm VigoLex has already helped many clients to successfully undergo the procedure for obtaining a utility model patent within the time limits established by law.

    To become the owner of a utility model patent you must:

    • carry out a preliminary search by lawyers to identify previously registered analogues;
    • prepare the package of documents for applying to Ukrpatent (description, formula, abstract, etc.), pay state duties for filing an application;
    • obtain a decision from Ukrpatent about the compliance of the application materials with the legislation after the formal examination and the establishment of the date of filing the application;
    • publication in the official gazette;
    • obtain a utility model patent;
    • entry of a patent into the Customs Register of Objects of Intellectual Property Rights.

    It should also be noted that VigoLex supports clients in the international registration of utility model patents. Thanks to the experience of successful cooperation with colleagues in foreign countries, VigoLex professionals help to ensure legal protection of the results of clients’ intellectual activity.

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      According to the legislation of Ukraine, a patent is an official document that certifies the priority, authorship and rights of a particular person to a particular invention.

      A patent is required in order to obtain exclusive rights to use and call oneself the author of the invention.

      Unlike copyright, which arises from the moment a work is created, a person at the legislative level is considered the exclusive author of an invention (for example, an electric light bulb) only from the moment of obtaining a patent.

      Therefore, if you are the author of an invention but did not receive a patent, another person has the right to obtain a patent for that invention and be considered its exclusive author.

      The Ukrainian legislation prohibits patenting an idea. In order to protect your rights to an idea, you need to give it some kind of material appearance.

      Depending on the actual circumstances, an idea can be protected as an invention, utility model, industrial design or copyright object.

      We recommend that you consult with our lawyers about this.

      According to the legislation of Ukraine, an invention is considered as such if it is new, has a certain inventive level and can be used in industry.

      Assessment of each of the above criteria is a complex and difficult process that is carried out by a patent attorney.

      We recommend that you consult with our lawyers about this.

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