Human genius is the source of all works of art and invention. Their works are the guarantee of a life worthy of men. (Dr. Arpad Bogsch)

 
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Inventions and utility models

Question: For how long is a title of protection valid?
Answer:

A Patent of Ukraine for an industrial design is valid for 10 years from the date of application and is prolonged at owner's request, but for no longer than five years.

Validity of a patent for invention is 20 years from the date of application. Validity of a patent covering medicines, animal protection agents or plant protection agents which usage requires authorization of a competent authority may be extended at owner’s request to a time equal to a period between the date of application and the date of such authorization, but no longer than to five years.

Validity of a declaration patent for a utility model is 10 years from the date of application.


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Question: What is the procedure of annual fees for keeping patents in force?
Answer:

The fee to keep a patent in force is paid for every year of its validity. A document confirming the first payment of the fee shall be received by UPTO within 4 months from the date of publication of the information on the issuance of patent for invention and utility model, or simultaneously with the document of payment for the patent issuance in case of industrial design.

The amount of annual payment is defined by Decree of the CABINET OF MINISTERS No. 1716 dated 23.12.2004 “On the approval of fee payment procedure for actions related to protection of rights to intellectual property objects“.


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Question: What shall I do if I missed a fee payment date?
Answer:

Annual fee for keeping patents in force may be paid:

  • within 12 months from the expiry date (invention, utility model)
  • within 6 months from the expiry date (industrial design, trademark)

In such cases the amount of the fee is increased by 50 per cent.


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Question: What changes can be made to titles of protection?
Answer:
  • change of name and/or address of title of protection owner
  • change of address for correspondence
  • change of name and/or address of persons entitled to use a collective mark for goods and services
  • change of class in a list of goods and/or services related to changes in ICGS for registration of marks
  • change of representative on the rights of intellectual property
  • changes related to owner’s type of property
  • changes to correct errors
  • changes to the list of goods and services in case of partial refusal of the certificate
  • changes in the list of inventors (authors) or patent owners
  • change of invention name

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