Intellectual property is recognized as one of the strategic resources, the effective use of which contributes to the development of new technologies, increase of competition at the market, and promotes innovation. Therefore, the issue of legal security and reliable protection against unauthorized use is quite acute.
Patent is one of the primary types of protection documents that certifies authorship and the exclusive right to use an intellectual property object in a certain territory.
The main purpose of a patent was to facilitate the transfer of technical knowledge. Patents were registered for future inventors so that they could improve the inventions protected by patents. In addition, patents were used to stimulate the interest of skilled professionals of other countries to develop local industries.
Today, a patent is a protection tool that allows the patent owner to prevent unauthorized use of its intellectual property by third parties
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In Ukraine, as in most countries, there are several types of patents:
- patent for invention – represents a new technical solution that can be used in economic activities; each invention is checked by official experts for novelty, inventive level and industrial applicability;
- patent for utility model – is a subspecies of the invention, but has a shorter protection period (10 years) and less strict conditions for patentability (novelty and industrial applicability);
- certificate for an industrial design (until recently a patent) – is a result of intellectual, creative activity in artwork development. The certificate is issued for 5 years and can be extended several times, but the total validity of the rights to the registered industrial design does not exceed 25 years.
Firstly, it is the exclusive right to prohibit others from using the invention without permit. The inventor can sue a third party for copyright infringement, which in turn can be used to fix its position at the market in a certain niche, or serve as a reliable tool in negotiations to ensure a reliable position in the partnership.
Secondly, this is the right to manufacture a product under a patent and use such a product for its own use or transfer this right to a third party for a fee (royalty).
Thirdly, the presence of a patent in a startup or a small company significantly increases the capitalization of an enterprise. It should come as no surprise that most of the patents abroad are registered by Ukrainian inventors in the USA, the country that takes a leading position in the development of new technologies. Usually, a patent portfolio includes several patent families that gives the possibility to better protect different aspects of a company’s product technology.
However, it often happens that Ukrainian inventors are looking for ways to transform their ideas into business, but do not always understand where to start and where to go with their inventions. And, having gone a certain way, they may be disappointed. As the practice of VigoLex shows, one of the main obstacles is the lack of timely qualified legal assistance at such important stages as a preliminary analysis of the invention project and the preparation of a patent application.
The extensive experience of our lawyers in obtaining patents will help to see real prospects and protect against possible difficulties. More details about the peculiarities of obtaining patents can be found in the following sections.