Termination and invalidation of patent of invention and utility model
Rate this article
- patent owner may refuse from it completely or partially in any on the basis of the application submitted to the Patent Office of Ukraine in any time;
- the patent term shall be terminated in case of failure to pay annual fee in set term in order to keep its effect.
The patent term shall be terminated on the first day of the year for which the fee is not paid.
1. Patent may be declared invalid completely or partially by the courts, in case of:
- nonconformity of the patented invention (utility model) to the patentability requirements;
- availability in claims invention (Utility model) features, which haven't been in submitted application;
- violation of requirements of the second part of Article 37 of the Law of Ukraine "Protection of rights to Inventions and Utility models".
Requirements of patentability:
1. Invention meets the requirements of patentability if it is new, involves an inventive step and is industrially applicable.
2. Utility model meets the requirements of patentability, if it is new and industrially applicable.
3. Invention (utility model) shall be considered new if it is not a part of the prior art. Objects that are a part of the prior art in order to determine the novelty of an invention shall be considered only separately.
4. Prior art includes all information that became public in the world before the date of filing to the Patent Office of Ukraine or, if priority is claimed, before the priority date.
5. Prior art also includes the content of any Application for a patent in Ukraine (including international application which reads Ukraine) in the edition in which this application was filed first, provided that the date of its submission (if priority is claimed, the priority date) preceding the first date, as indicated in paragraph four of this article and it was published on this date or after this date.
6. Recognition of an invention (utility model) patentable shall not be affected by the disclosure of his inventor or a person who has received the inventor of, directly or indirectly, such information within 12 months prior to the date of application to the Office or, if priority is claimed, before the priority date. In this case, the burden of proof the circumstances of disclosure rests to the person concerned in the application of this paragraph.
7. Invention involves an inventive step if, it is not obvious for the specialist, that does not follow obviously from the prior art. In assessing inventive content applications referred to in paragraph five of this article shall not be taken into account.
8. Invention (utility model) shall be considered industrially applicable if it can be used in industry or in another field.
Under Part 2 of Art. 37 Law of Ukraine "On Protection of Rights to Inventions and Utility Models": "If the patenting of an invention (utility model) is carried out using procedures of the Patent Cooperation Treaty, the international application is filed with the Office."
A patent may be declared invalid completely or partially by the courts.
For the purpose of recognition of patent of invention (utility model) invalid any person subject to a fee may file with the Office a request for examination patented utility model / invention to meet the requirements of patentability.
What we need to know about Patenting of Industrial designs in Ukraine?
What we need to know about Patenting of Inventions and Utility models in Ukraine?
Termination and cancellation of design certificate
Peculiarities of a Utility Model Patent Invalidation in Ukraine