Registration of industrial designs in Ukraine in 2025

The success of a product on the market often depends not only on its functionality, but also on its attractive, emotional appearance. It is this unique design, which attracts attention and distinguishes the product from its competitors, that is protected by an industrial design patent. In this article, we will take a detailed look at what this object is, how to go through the registration procedure in Ukraine in 2025, and what key advantages it gives to businesses.

Section 1. What is an industrial design?

Before discussing the registration procedure, let us clearly define what exactly we are going to protect. In the world of intellectual property, industrial designs are separate from inventions and trademarks. While a patent for an invention protects how a product works (its technical essence), and a trademark protects its name and reputation, an industrial design protects its appearance. This protects aesthetics, ergonomics and visual appeal.

1.1. Definition and essence

An industrial design is the result of human creative activity in the field of artistic design. In simple terms, it is the appearance of a product or part thereof. This appearance is determined by specific, visible features, such as:

• Lines and contours: Smooth or sharp corners, shape of curves.
• Colours and colour combinations: Unique colour scheme of the product.
• Form and configuration: Three-dimensional form of the product.
• Texture and finish: Surface characteristics (smooth, rough, embossed).
• Materials: Sometimes a unique look is achieved by combining certain materials.

It is important to understand that an industrial design does not protect the technical function of a product. For example, if you have designed a chair with a unique futuristic shape, an industrial design patent will protect that shape. Anyone who copies this design will be an infringer. However, this patent will not prevent a competitor from releasing a chair with a completely different design but with the same unique height adjustment mechanism (this mechanism, if it is new and inventive, must be protected by a patent for invention). Thus, an industrial design is exclusively about the visual shell, about what is perceived by the eye.

1.2. What can be protected by a design patent?

The scope of application of industrial designs is vast and covers virtually any product manufactured industrially or by hand. A design patent can protect:

• Three-dimensional objects (3D):
  • Consumer goods: Design of smartphones, laptops, household appliances (coffee makers, vacuum cleaners).
  • Furniture: Original shapes of chairs, tables, sofas, and lamps.
  • Packaging and containers: Unique shapes for beverage bottles, perfume bottles, and candy boxes.
  • Vehicles: Design of car, motorcycle and bicycle bodies.
  • Clothing and footwear: Original dress cut, sneaker design.
  • Jewellery and accessories: Design of rings, watches, handbags.
  • Tools and equipment: Drill body shape, medical device design.
• Two-dimensional objects (2D):
  • Graphic elements: Labels, stickers.
  • Ornaments and patterns: Unique prints for fabrics, patterns for wallpaper, designs for tableware.
  • Interfaces: Mobile application interface appearance (GUI), website design, set of unique icons.

It is also possible to register the design of not the entire product, but only its part that is new and original (for example, only the handle of a cup or the sole of a shoe).

1.3. Basic requirements: novelty and individuality

Not every design can be patented. To obtain legal protection, your industrial design must meet two key criteria established by law:

1. Novelty. Your design is considered new if, prior to the date of filing the application for registration (or prior to the priority date, if you claim it), no identical industrial design has been made available to the public. Designs that differ only in insignificant details are considered “identical.” Important: novelty must be global. That is, if the same design is already being sold in Japan, your design will not be recognised as new in Ukraine. However, the law provides for a grace period: as the author, you may disclose information about your design (for example, at an exhibition) within 12 months prior to the date of filing the application, and this will not affect its novelty.
2. Individual character. This is a more complex criterion. Novelty alone is not enough. Your design must make a different overall impression on an informed user than any other design that has been made available to the public before. An “informed user” is not an expert, but not an ordinary consumer either; it is a person familiar with various designs in the relevant field (for example, someone who has seen many different smartphone models). If your new smartphone design differs from a well-known model only in a slightly different corner radius, it will most likely not have individual character.

It is precisely compliance with these two criteria — novelty and individual character — that is the key condition for successfully obtaining a patent for an industrial design and ensuring reliable legal protection for your product.

Yes, of course, you are right. I will definitely add a link to the relevant article in the second section, as it deals with preparing to submit an application, where searching is a key step.

Section 2. Patent application procedure

The procedure for registering an industrial design in Ukraine is much simpler and faster than, for example, patenting an invention. This is because the examination of the application does not involve an in-depth substantive examination (for novelty and individuality), but is mainly formal in nature. However, this does not mean that the process can be taken lightly. Proper preparation of documents, especially images, is the key to success. Let’s take a step-by-step look at this process.

2.1. Step 1: Preparing the application and images

This is the most crucial stage, on which 90% of success depends. It is on the basis of the documents and images you provide that the scope of legal protection will be determined.

• Application for registration: An official form must be completed, providing details of the applicant (future patent owner), the author (designer), as well as the name of the product and its classification according to the International Classification of Industrial Designs (ICID).
• Set of images: This is the most important part. The images should give a complete and unambiguous representation of the product’s appearance. Usually, the set includes:
  • General view (in three projections: front, side, top or axonometric).
  • Other angles that reveal the essential features of the design.
  • Images can be in the form of photographs, drawings or computer graphics. The main requirement is that they must be clear, on a neutral background, without extraneous objects, shadows or glare that could distort perception. Remember: the patent will only protect what is depicted in these images. Any blurring or ambiguity will be interpreted to your disadvantage.
• Description of the industrial design: This is a text document that briefly describes the essence of the design, lists its essential features and explains what is depicted in each of the drawings.
• Receipt for payment of the fee: A document confirming payment of the fee for submitting the application is attached to the application.

Before embarking on all this preparatory work, it is extremely important to take one more step, which we have already mentioned, – to conduct a preliminary search. This will help to ensure that your design is truly new and unique. That is why, before submitting your application, we strongly recommend that you read our detailed instructions: “How to conduct a search for intellectual property (trademarks, patents, etc.)”.

2.2. Step 2: Submission of documents to UKRNOIVI

Once the entire package of documents is ready, it must be submitted to the sole competent authority in Ukraine – the State Organisation “Ukrainian National Office of Intellectual Property and Innovation” (UKRNOIVI). This can be done in several ways:

• In person: Submit documents directly to the office of the agency in Kyiv.
• By post: Send the complete set by registered mail with a list of contents.
• Online: Use the electronic application system, which is the most convenient and fastest method.

After receiving the documents, UKRNOIVI assigns a number to the application and sets the date of its submission. This date is the priority date and will be indicated in your future patent. This is a key moment for establishing your priority over anyone who submits an application for a similar design later.

2.3. Step 3: Application review

After the application is submitted, the review stage begins at the agency. It is important to understand that Ukraine uses a so-called “first-to-file” system for granting patents for industrial designs. This means that the examination is conducted without checking the industrial design for compliance with the conditions of patentability (novelty and individual character). In other words, the expert will not conduct a worldwide search to determine whether such a design existed previously. The responsibility for novelty lies entirely with the applicant.

What does the examination check then? It is formal and includes checking:

• Does the claimed object belong to industrial designs?
• Are all documents filled out correctly?
• Do the images meet the established requirements?
• Has the fee been paid in full?

If questions arise or errors are found during the formal examination, the examiner sends a request to the applicant, which must be answered within a specified period. Due to the absence of substantive examination, the entire process of registering an industrial design is fairly quick and usually takes between 6 and 10 months.

2.4. Step 4: Obtaining a patent

If the formal examination is successful, UKRNOIVI will decide on the state registration of the industrial design. But this is not the end. After receiving this decision, you must make two final payments within three months:

1. State fee for issuing a patent.
2. Fee for publishing information about the granting of a patent.

Only after the agency receives confirmation of these payments will it enter information about your industrial design into the State Register, publish it in the official bulletin, and issue you the long-awaited Ukrainian Patent for Industrial Design. From that moment on, your design is officially protected by the state.

Section 3. Rights and benefits for the owner

Obtaining a patent for an industrial design is not just a formal completion of the procedure. It is the moment when your design transforms from a creative idea into a fully-fledged intangible asset protected by law. This status provides you, as the owner, with a whole set of powerful tools to control the market, fight competitors and monetise your investments in the product’s appearance.

3.1. What rights does a patent grant?

A patent for an industrial design grants its owner the exclusive right to use the design and the right to prohibit others from using it without permission. This means that only you can:

• Manufacture products using your patented design.
• Offer for sale and sell these products.
• Import and export products with your design.
• Store goods with your design for commercial purposes.
• Apply your design to the product.

Any of these actions, performed by another person without your consent, is considered a patent infringement. It is important to note that protection extends not only to complete copying, but also to any other design that gives an informed user the same overall impression. In other words, if a competitor releases a product that differs slightly in detail but generally imitates your patented design, it will still be considered an infringement. In addition, like any asset, industrial design rights can be sold (transferred) or licensed under a licence agreement, generating royalties. This opens up wide opportunities for commercialisation.

3.2. Term of validity and possibility of extension

Legal protection of industrial designs is not eternal, but it is sufficiently long-lasting. The initial term of a patent in Ukraine is 5 years from the date of filing the application.

However, this term is not final. The patent owner has the right to extend its validity for one or more subsequent five-year periods. The total term of legal protection for an industrial design may not exceed 25 years from the date of filing the application.

This means that you can maintain a monopoly on your unique design for a quarter of a century, which is more than enough time for most consumer goods. To extend the validity of a patent, it is necessary to submit a corresponding application to the Ukrainian State Intellectual Property Office (UKRNOIVI) in a timely manner (within the last 6 months of the current period) and pay the state fee. Timely extension is the responsibility of the owner, failure to comply with which leads to the automatic termination of the patent.

3.3. Why is this important for businesses?

Investments in design can be very significant: designers’ work, prototyping, production preparation. Design patenting is the only reliable way to protect these investments. Here are the specific benefits it brings to business:

• Competitive advantage: You gain a legal monopoly in the market. While your competitors are forced to look for other design solutions, you can calmly increase sales and win the loyalty of customers who associate a certain look with your brand.
• Combating copies and imitations: A patent is your main “weapon” in the fight against unscrupulous manufacturers who try to “parasitise” on your success by producing visually similar but cheaper and lower-quality counterfeits. You can go to court to demand that production be stopped, counterfeit goods be confiscated, and damages be compensated.
• Increasing company capitalisation: A patent is a valuable intangible asset. It can be included in the balance sheet, which increases the overall value of your company. This is particularly important when attracting investment, selling a business or obtaining loans.
• Licensing and franchising opportunities: You can earn money by licensing your designs to other companies for production. This allows you to enter new markets without investing in production yourself.
• Marketing tool: The mere fact that you have a patent can be used in advertising (“our unique patented design”), which increases consumer confidence and emphasises the innovative nature of your product. This is an important part of how intellectual property overview works – each object performs its own unique business function.

Conclusions

Patenting an industrial design is not a luxury, but a necessary and effective tool for protecting your investment in design. In today’s market, where the visual appeal of a product is often a decisive factor for the buyer, timely registration of its appearance becomes a key element of business strategy.

The patent obtained not only allows you to confidently enter the market, but also to effectively combat unfair competitors, build a strong, recognisable brand and increase your company’s capitalisation. Do not neglect this opportunity to protect your creativity and commercial interests. If you have created a unique design, it is worth considering professional registration.