Explanation of Protection Document



What is Document Protection? As a rule, it is an official charter, with attached descriptions or images of Intellectual Property (IP) that is given out by Patent Office of Ukraine.
During the expertise of the protection documents validity, the following conditions are checked:

1. Depending on the Intellectual Property's rightful owner.
Whether there is only one patent registered or the certificate is handed out to the person, which is specified as an owner (patent holder). In case of concession of the protected document, Patent Office of Ukraine. also gives the extract document, where the new owner is indicated.

2. Depending on the object of the Intellectual Property.
The legal protection, provided by the patent or certificate, is defined; a) by the formula, which shows the substance of the utility model or invention; b) by the complex features, reflected on the marquee, image or photograph of the IP; c) by the list of products and services, that are indicated on the certificate.

3. Depending on the territory of validity.
It is taken into account that the protection document is valid only in the country, where it was issued. A patent of Ukraine is only valid and enforced in Ukraine, and a patent issued in an EU country is only valid and enforced in the EU. .

Depending on the terms of validity for the Intellectual Property:
Practically all of the protection documents have the legally established validity verbiage on them, "The invention patent is valid during the 20 years, starting from the moment of submitting the application to Patent Office of Ukraine.. The industrial design patent is valid for 10 years, starting from the moment of submitting the application to Patent Office of Ukraine. The renewal term cannot exceed 5 years. The utility model certificate is valid for 15 years. A one time renewal for an additional 1-year term is allowed. The trademark certificate is valid for 10 years. Renewals are required every 10 years. The protection documents, received according to the Madrid Agreement are valid for 20 years and allowed a one time 20 year renewal.

Despite the official terms, the premature termination of Document Protection must be taken into consideration for the following reasons; the recognition of invalidity (petition of the patent holder);
or the refusal of the IP holder to pay all the required duties for the maintenance of document validity.

Because of all the complex legal matters outlined in this article pertaining to Document Protection is exactly the reasons why your company should have an audit of existing or potential Intellectual Property conducted by experienced and professional patent attorneys.

Our firm has specialists who will conduct your company’s comprehensive audit. This means no good or bad business strategy, Intellectual Property or invention will that go unnoticed. Because we have such a large legal practice, our firm's has specialists who will conduct your company’s in a professional and timely manner. All you need to do is call our office +380 (44) 362 01 89 and one of our specialists will be happy to clarify the details of conducting an audit for your company.



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