Termination and cancellation of design certificate
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Termination of design certificate:
- The certificate owner at any moment may withdraw it entirely or in part on the basis of an application submitted to the Patent Office of Ukraine;
- The validity of the design certificate shall be terminated in the event of default of the fee its mainanence.
The certificate shall be terminated on the first day of the year for which the maintenance fee is not paid.
Design Certificate invalidation:
- nonconformity of the patented design to the requirements of patentability;
What the requirements of patentability?
The design must be new.
The design shall be considered new if the sum of its essential features does not become publicly available in the world before the date of filing to the or, if priority is claimed before the priority date.
The cancellation of design certificate is affected by disclosure of the information, the author or the person, who has received such information from the author directly or indirectly within six months prior to the date of application to the Office or, if priority is claimed, before the priority date.
- presence of a set of essential features of the design features which have not been described in the application;
- grant of design certificate by filing an application with the violation of rights of other persons.
A design certificate may be declared invalid in court.
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