What we need to know about Patenting of Industrial designs in Ukraine?
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Ukraine is a member of Paris Convention (1883), Hague Agreement (1960), Locarno Agreement (1968).
Patent on an industrial design can be obtained by author of industrial design, employer of the author, successors of the author or author's employer and other natural persons or legal entities who obtained this right according to the contract.
The object of the industrial design may be:
the shape, picture, or coloration, or their combination, which define the appearance of an industrial product.
The object of the industrial design can not be:
- objects of architecture (except small architectural forms), industrial, hydrotechnical, and other stationary structures;
- printed products per se;
- objects of an unstable form of liquid, gaseous, free-flowing, or like substances, etc.
In Ukraine patent on the industrial design can not also be granted on the part of the object. For instance, you will not obtain the patent on the part of car's body.
Patent on the industrial design can be granted if only industrial design is new. But novelty is not being examined, because patent on the industrial design is granted on the base of formal examination, so risk of the patent's validity is taken by the applicant. Patent may be cancelled completely or partly only by the court.
Period of validity of the patent is 10 years from the date of filing the application and can be extended for not more than 5 years.
Terms of the patenting:
- The standard patenting term is 7-9 months;
- Accelerated patenting term is 2-3 months.
Process of the patenting:
- the filing an application;
- formal examination;
- publication and registration of the patent;
- granting of patent.
The necessary information for the patenting:
- name and address of the author;
- name and address of the applicant (if applicant is not author);
- set of images of the product (the product proper or in the form of its mock-up or drawings), which provide a full notion of its appearance;
- description of industrial design;
- drawing, diagram, map (if it is necessery for explanation of the industrial design).
Design registration in Ukraine