We can provide a thorough consultation and the whole range of services to apply for a utility patent.
A utility model is the outcome of a person’s intellectual activity in any technology (so-called “minor invention”). Devices, systems, methods, new applications of a known product or process can be eligible for utility patents.
A document certifying priority, authorship and ownership rights for a utility model is a utility patent that is valid for 10 years starting from the date of filing an application with the patent office.
A patent holder’s rights in a certain country are not recognized in other countries (the principle of independence of patents). A patent right becomes valid only after a patent is registered in a relevant national patent authority. Geographic validity of a patent is limited to the territory of the country of registration. Therefore, an invention can be used freely by anyone in countries, where it is not patented. To protect an invention in several countries, it must be patented in all of those countries. Read more
Differences between a utility model and an invention are as follows:
- A utility model has no innovative nature. This means that any new object can be considered a utility model (a new device, a new process or a new application of a known device or method). The novelty of such objects may be quite obvious to experts in that particular field. It is critical, however, that this new solution hasn’t been previously described and used.
- A declaration patent is issued for a utility model. In practice, it is the government who certifies the existence of exclusive rights to the invention through qualifying examination of a patent application and further issuance of a patent. By filing for a utility patent the applicant claims (declares) that the utility model meets patentability requirements.
- Qualifying examination is not performed when processing a patent application.
- The decision to grant a patent is made based on results of the formal examination. Examination for meeting the requirements of novelty and industrial applicability is not performed.
The standard time of obtaining a utility patent in Ukraine is
Agency fee for drafting and filing a utility patent application is — от 3000 UAH. or more
The above cost doesn’t include patent search costs and government fees. The cost of filing for a utility patent is calculated based on complexity of the item you want to patent.
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