Each country of the world has its own laws and regulations that govern the field of intellectual property and, accordingly, its own criteria which technical solutions can be patented so that such a technical solution can be provided with legal protection and exclusive property right. Accordingly, Ukraine also determines which developments can be patented and what is the procedure for obtaining patents.
In Ukraine there are several types of objects that can be patented:
– utility model.
Speaking about each of these patents, it should be noted that in an invention the main objects of patenting can be a product (device, substance, etc.), a process (method).
The essence of the examination is to check for the world novelty, inventive level and industrial applicability. The period during which it is actually possible to obtain a document is from 9 up to 36 months. Such a patent is issued for 20 years.
As for a utility model, it is most often a device (structure). Such an object is no longer checked for the world novelty, a formal examination is carried out and the patent is granted under the applicant’s responsibility for the period of 10 years. This type of patent can be obtained within 4-14 months.
What cannot be patented in Ukraine?
Marketing, organizational and other activities in which, for example, the presence and participation of people is an “active resource”, cannot be patented. In addition, creative ideas, methods, concepts and other similar objects that cannot be expressed in a technological material embodiment are also outside of patenting.
In 2020, Ukrainian patent legislation changed, and patents for industrial designs will not be issued in Ukraine. The protection document for this intellectual property object is a certificate.