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Industrial designs

Question: What object may be applied as an industrial design?

An object of industrial design in Ukraine may be a form, an image, a coloring and their combination, which define an appearance of an industrial product.

Legal protection is granted to an industrial design which does not contradict to public order or morals, as well as meets the criteria of patentability.


Question: How can I obtain a patent for an industrial design?

In order to obtain a patent for industrial design you need to prepare and submit application in UPTO and pay a fee for filing the application. After examination of the application and decision to issue a patent for industrial design it is needed to pay a state patent fee, a fee for publication on issuance of the patent and an annual fee for keeping the patent valid. Patent registration, publication and issuance are done after the fees are paid.

The fees are paid according to Decree of 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".


Question: What information and documents are needed to file an application for industrial design?

The following information and documents are needed to file an application for industrial design:

  • Applicant (Name for a physical person or full name for a legal entity)
  • Applicant’s address
  • Name of the industrial design
  • Author (name and address)

The following documents are also necessary:

  • An image of the industrial design
  • Applicant’s power of attorney
  • Certified copy of a priority application (if a priority is applied)

Images of the product applied for patent registration shall not contain elements not needing the protection.


Question: What changes can be made to titles of protection?
  • 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


Question: Why a priority application is needed?

According to Ukrainian legislation, novelty is a criterion of patentability of an industrial design. An industrial design is deemed new if the aggregate of its attributes has not become public domain before date of application, and if a priority application is filed, than before the priority date. Patentability of an industrial design is not affected by disclosure of information about it by its author or a person that has received such information from the author within only 6 month of the date of application to UPTO or the data of its priority.


Question: How long does it take to have application examined and receive an industrial design patent?

Ukrainian legislation does not establish any time for examination of industrial design application. In practice, a decision on issuance of an industrial design patent is given within 6 to 9 months from the application filing, and publication of grant is done within 1-2 months after payment of fees for patent, its publication and keeping in force.


Question: For how long an industrial design patent is valid?

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


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