According to the current legislation of Ukraine, an invention and a utility model have different terms of legal protection and different patentability criteria.
An invention is recognized as patentable if it is
has an inventive step;
is industrially applicable.
A utility model is recognized as patentable if it is new and industrially applicable.
Patent attorneys will help you assess which of these objects needs protection according to your technical solution.
In order to obtain legal protection for an invention or utility model, you need to prepare a package of documents describing the technical solution and allowing you to establish the scope of legal protection, as well as to register the rights to the technical solution in the relevant department of the state organization "Ukrainian National Office of Intellectual Property and Innovations" (UKRNIPI).
The official fee for filing an application for an invention is UAH 1600. If the claim contains more than 3 items, it is necessary to pay UAH 160 for each additional item over 3. (For submitting an application in the form of an electronic document, a 20% discount on the established price is applied).
The official fee for the substantive examination of an application for an invention is UAH 6000 for each independent claim.
The cost of granting a patent for an invention consists of the State Fee, which is UAH 85 (if the applicant is a resident of Ukraine) and USD 100 (if the applicant is a non-resident of Ukraine). USD 100 if the applicant is a non-resident of Ukraine, as well as a fee for publication of information on registration, which is determined by the volume of patent application materials.
In case the applicant and the inventor are the same individual, the official fees are paid in a smaller amount: 10% of the amount established for an application for an invention or 20% of the amount established for an application for a utility model.
An invention patent is valid for 20 years. A utility model patent is valid for 10 years. After obtaining a patent for an invention or utility model, it is necessary to remember that in order to maintain the validity of the patent, it is necessary to pay an annual fee of a fixed amount during the term of the patent.
The use of the PCT patenting procedure for inventions can significantly simplify the process of obtaining patents for inventions in other countries. In accordance with this procedure, once international application for an invention is filed, on the basis of which patents will be granted in a number of countries of your choice. The PCT procedure is effective for patenting an invention in more than 5 countries. This will allow you to optimize the costs of patenting and significantly simplify the procedure for obtaining patents in other countries.
Patent search allows you to assess the prospects of obtaining legal protection for your proposed technical solution. It is also advisable to conduct a patent search when introducing products to the markets of other countries. Before importing finished products into another country, it is advisable to conduct a search for the "patent purity" of this product. That is, to find out whether the imported goods do not violate the patent rights of third parties. This will allow you to avoid claims for damages from third parties who hold rights belonging to the owners of the relevant patents in the relevant markets.