How does an invention differ from a utility model?
Both an invention and a utility model are the result of human intellectual or creative activity in any field of technology.
– a technical or technological solution that did not exist before, and which meets three conditions of patentability: novelty, inventive step and industrial applicability;
– when considering an application for an invention, an examination of the invention is carried out on its merits (qualification examination);
– patenting procedure takes up to 24 months;
– term of protection of the invention is 20 years (subject to payment of the required annual fees).
– it is also called a “small invention”, because there are only two conditions of patentability for it: novelty and industrial applicability.
– when considering an application for a utility model, a qualification examination is not carried out, and the patent is issued under the responsibility of the applicant.
– a patent can be obtained within 12 months.
– term of protection of a utility model is 10 years (subject to payment of the necessary annual fees).
If the goal is to obtain a patent as soon as possible and start commercializing the development, which is planned to be used for up to 10 years, patenting a utility model will be the optimal choice.
What can be an object of patenting?
An object of patenting as an invention or a utility model may be:
– product (device, substance, strain of microorganism, cell culture of plants and animals, etc.);
– process (method).
How to patent an invention or a utility model?
Inventions and utility models are protected territorially, i.e., it is necessary to obtain a patent in each country in which it is planned to be used.
In Ukraine, patenting is carried out by the Patent Office, the role of which is performed by the Ministry of Economic Development.
To start the patenting procedure, you can send us a completed Questionnaire or leave a request for a free consultation, upon which our experts will help you to:
- understand the patenting procedure and possible pitfalls;
- obtain a preliminary conclusion on the compliance of the invention / utility model with the conditions of protectability;
- prepare and submit the application for a patent for an invention / utility model.
Maintaining the validity of the patent
The term of a patent for an invention is 20 years, and for a utility model it is 10 years from the day set as the date of filing an application for registration.
A fee is paid annually for maintaining a patent. If payment for the maintenance of a patent in force is not made within the established term, such a patent will cease to be valid.
Our agency will help you to:
– track the terms of validity of the patent;
– calculate the amount of customs duty depending on the object of protection and the scope of rights, taking into account the possible concessions;
– apply for renewal of the patent and pay the customs duty.
Agreements on inventions and utility models
Inventions and utility models are among the most complex and time-consuming object of intellectual property, from the point of view of the inventor’s work. Accordingly, the agreements on managing rights to these objects require particularly careful work. In addition, agreements on the transfer of rights to inventions / utility models are subject to mandatory state registration with the Patent Office (Ministry of Economic Development). The state body carries out a thorough inspection of such agreements and may refuse registration if they do not comply with legal requirements.
By contacting our agency, you can count on:
- free initial consultation on the types of contracts and peculiarities of their execution;
- full legal support of negotiations on concluding a license agreement on an invention (utility model) or an agreement on the transfer of rights to an invention (utility model);
- consulting on the tax regime of payments under contracts, including royalties to non-residents;
- development of a license agreement or an agreement on the transfer of rights, taking into account all agreements between the parties and legal requirements;
- full legal analysis of the existing agreement and the provision of recommendations for making changes / additions to the agreement;
- support of registration of the agreement in the Patent Office.