Patenting inventions: how does it work in Ukraine?

In today’s world, where innovation and technological progress determine success,an invention patent is becoming a key tool for protecting intellectual property. In Ukraine, patenting in Ukraine is an important step for inventors seeking to protect their rights and maximise the benefits of their developments. Patenting an invention grants the inventor the exclusive right to use, sell and license their invention, preventing unauthorised copying and use by others. This stimulates innovation and promotes technological progress, ensuring that inventors are well rewarded for their work and creativity.

Section 1: What is an invention patent?

Before starting the patenting procedure, it is important to understand what exactly an invention patent is and how it functions. It is not just a document confirming authorship, but a powerful tool that provides the inventor with a number of rights and opportunities, protects your invention from unfair competition and illegal use.

1.1. Definition and scope

A patent for an invention is a document certifying the authorship of an invention and granting the inventor the exclusive right to use it for a certain period of time. It is the result of a thorough review and examination procedure that confirms the novelty, inventive step and industrial applicability of an invention.

An invention patent protects a technical solution that is new, has an inventive step and is industrially applicable. This means that the invention must be different from already known solutions, not be obvious to a person skilled in the relevant field and have the potential for practical use.

The scope of invention patents is extremely broad. They can protect a variety of technical solutions, including:

• new products and devices;
• New technological processes and methods;
• new materials and substances;
• new ways of using well-known products and processes.

Patenting of inventions is relevant for many industries, such as mechanical engineering, electronics, chemistry, biotechnology, pharmaceuticals, software and many others. Obtaining a patent provides the inventor with a number of advantages, allowing him or her to control the use of the invention, profit from its commercialisation, increase the company’s competitiveness and stimulate further innovation.

1.2. Differences between a patent for an invention and a patent for a utility model

Inventors often face a dilemma: which type of patent to choose – an invention or a utility model? Although both documents protect intellectual property, they have significant differences that affect the process of obtaining a patent and its effectiveness.

The key difference is the criterion of “inventive step”. A utility model patent is granted for a technical solution that is novel and industrially applicable, but does not necessarily have an inventive step. This means that the solution may be obvious to a specialist, but still have practical value.

In addition, there are other important differences:

• Period of validity: a patent for an invention is valid for 20 years, while a patent for a utility model is valid for 10 years.
• Procedure for obtaining: Patenting a utility model is usually faster and easier than patenting an invention, as the examination of a utility model application is less rigorous.
• Cost: Obtaining a utility model patent is usually cheaper than patenting an invention.

The choice between an invention patent and a utility model patent depends on the specific situation and the characteristics of the technical solution.

If an invention is truly revolutionary and non-obvious to specialists, a patent for an invention will provide maximum protection.

If the invention is an improvement of an already known solution that is useful and practical, a utility model patent may be the best choice.

Section 2: The procedure for patenting an invention in Ukraine

So, you have an innovative idea that you think deserves a patent. What’s next? How do you turn your idea into an officially registered invention protected by law?

The procedure for the protection of inventions in Ukraine consists of several key stages, each of which requires careful preparation and attention to detail.

2.1. Stages of patent registration

The procedure for registering a patent for an invention in Ukraine is a well-defined process that includes several key stages:

• Preparation of the application: the first step is to carefully prepare a patent application, which should contain a detailed description of the invention, drawings (if necessary), abstract and a list of claims. It is important that the description is clear, complete and unambiguously discloses the essence of the invention.
• Filing an application with the Ukrainian National Intellectual Property Office: the prepared application must be filed with the Ukrainian National Intellectual Property Office (the “UIPO”), the state body responsible for patent registration. The application can be submitted in person, by post or online.
• Formal examination: after submitting the application, UKRNOVI conducts a formal examination, during which it checks the availability of all necessary documents and their compliance with the requirements of the legislation.
• Qualifying examination: after successful completion of the formal examination, the application is submitted for qualifying examination. At this stage, the examiners of UKRNOVI thoroughly analyse the invention for its novelty, inventive step and industrial applicability.
• Publication of information on the application: after a positive decision on the results of the qualification examination, information on the application is published in the official bulletin of Ukrnoivi. This gives third parties the opportunity to get acquainted with the claimed invention and express their comments or objections.
• Granting a patent: if no opposition is filed within the established term or if the opposition is successfully refuted, UKRNOVO decides to grant a patent. The patent is issued in the name of the applicant and grants him/her exclusive rights to the invention.

It is important to understand that the patent registration procedure can take a considerable amount of time – from one to several years. Therefore, it is important to plan this process in advance and engage qualified professionals to help you at every stage.

2.2. Necessary documents and requirements

In order to successfully complete the patenting procedure, it is necessary to carefully prepare a package of documents and comply with certain requirements.

• Patent Application: this document contains a request for a patent for an invention and includes information about the applicant, the inventor and the invention.
• Description of the Invention: this is an important document of the application, which should disclose the essence of the invention in detail and clearly. It should contain the title of the invention, the scope of the invention, the prior art, the disclosure of the invention, a description of the drawings (if any), a list of claims and an abstract.
• Drawings (if necessary): if drawings, diagrams or charts are required for a better understanding of the invention, they must be attached to the application. The drawings must be made in accordance with the requirements of UKRNOVI.
• Abstract: is a brief summary of the essence of the invention, which is published in the official bulletin of Ukrnoivi. The abstract allows you to quickly get acquainted with the invention and understand its key aspects.
• Claim: this is one of the most important elements of the application, which determines the scope of legal protection of the invention. The claims must clearly and unambiguously indicate the technical features that distinguish the invention from the prior art.
• Document confirming the payment of the application fee: filing a patent application is a paid service, and a document confirming the payment of the relevant fee must be attached to the application.

The requirements for the execution of documents are set out in the Instruction on Preparation and Filing of an Application for Invention, which is available on the website of Ukrnafta. It is important to carefully study these requirements and make sure that all documents are properly executed.

Any mistake in the preparation of documents may result in a delay in the examination of the application or even in the refusal to grant a patent. Therefore, it is recommended that you contact qualified patent attorneys who will help you prepare all the documents correctly and ensure the successful completion of the patenting procedure.

Section 3: Why is it important to patent inventions?

It would seem that an invention is valuable in itself, wouldn’t it? Why go through a complex and sometimes lengthy patenting procedure?

In fact, protecting inventions through patenting provides inventors with a number of important benefits that can be crucial to their success.

3.1. Advantages of patenting

Obtaining a patent for an invention is not just a formality, but a strategic step that opens up a number of advantages for an inventor or company:

• Copy Protection: a patent gives the inventor the exclusive right to use, manufacture, offer for sale, sell and import the invention for 20 years. This means that no one else has the right to use your invention without your permission. This protection allows the inventor to control the market and prevent unfair competition.
• Commercialisation opportunities: a patent gives the inventor the opportunity to commercialise his or her invention by manufacturing, selling or licensing it. You can create your own business based on a patented invention or grant a licence to other companies to use it for a fee. This gives you the opportunity to make a significant profit from your invention.
• Increased competitiveness: a patent for an invention is a significant asset for a company, as it demonstrates its innovation and technological superiority. Patents can attract investors, partners and customers who are looking for new and promising technologies. This allows a company to strengthen its market position and become more competitive.
• Increase the value of the company: patents are intangible assets of a company that can significantly increase its value. This is especially important for startups and innovative companies that plan to attract investment or sell their business in the future.
• Creating a reputation as an expert: a patent gives an inventor or company a reputation as an expert in their field. This helps to attract talent, partners and customers who value knowledge and experience.

Thus, patenting inventions is a strategically important step for inventors and companies seeking to protect their innovations, maximise their benefits and strengthen their market position.

3.2. Consultation with a patent attorney

Patenting inventions is a complex process that requires specialised knowledge and experience. It can be extremely difficult and risky to go through all the stages of patenting on your own.

A patent for an invention is a legally binding document, and any mistake in the paperwork or in the patenting procedure can have negative consequences.

That is why it is important to contact a qualified patent attorney who has the necessary knowledge and experience to successfully patent your invention. Polikarpov Law Firm specialises in intellectual property matters, including patenting inventions. Our patent attorneys have a deep understanding of the law and extensive experience in successfully representing clients’ interests at the Ukrainian National Patent and Trademark Office.

By contacting Polikarpov Law Firm, you will receive:

• Professional advice: our patent attorneys will analyse your invention, assess its patentability and develop an optimal patenting strategy.
• Qualitative preparation of documents: We will draw up all the necessary documents for a patent application, taking into account all the requirements of the Ukrainian National Patent and Trademark Office and ensure their correct execution.
• Effective support of the patenting procedure: we will represent your interests in the Ukrainian Patent and Trademark Office at all stages of patenting, respond to examiners’ requests and protect your rights.

Contacting Polikarpov Law Firm is a guarantee of reliable protection of your intellectual property rights and successful patenting of your invention.

Conclusion.

Patenting inventions in Ukraine is an important step in protecting intellectual property and reaping the benefits of innovation. The patenting process, while it may seem complicated, is actually well defined and regulated by law.

Understanding the main stages of patenting, the necessary documents and requirements will allow inventors to successfully complete this process and obtain a patent for an invention that will become a reliable protection of their rights and open up new opportunities for the development and commercialisation of the invention..

Engaging qualified patent attorneys is a crucial factor in patenting success, as they will provide professional support at all stages of the process and help you avoid mistakes that can cost you time and money.

Protect your innovations – patent your invention and get the most out of your creativity!