According to the Ukrainian legislation legal protection is granted to an industrial design that does not contradict public order, the principles of humanity and morality and complies with the conditions of patentability.
What can be registered as industrial design in Ukraine?
The object of an industrial design may be a shape, drawing, coloring, or combinations thereof, which determine the appearance of a product and are designed to meet the aesthetic and ergonomic needs.
It should be noted that the following objects cannot obtain legal protection as an industrial design i Ukraine:
- objects of architecture (except for small architectural forms);
- industrial, hydrotechnical and other stationary structures;
- printed matter;
- objects of unstable form of liquid, gaseous, bulk or similar substances.
What is the scope of legal protection to industrial design?
The scope of legal protection is determined by the set of essential features of the industrial design presented on the image(s) of the product.
Conditions of patentability of an industrial design.
An industrial design meets the conditions of patentability in case it is new. An industrial design is recognized as new if the set of its essential features has not become generally available in the world before the filing date of the application to the Patent Office of Ukraine or, if priority is claimed, before the date of its priority.
What is needed to apply for an industrial design registration in Ukraine?
- a set of images of the product, which gives a complete picture of its appearance;
- description of the industrial design (may be drafted by the Ukrainian design attorney);
- information about the applicant(s) – full name, address (a) for a natural person or company name, legal address, for a legal entity;
- name of the author(s) of the industrial design;
- Power of attorney (no notarization/legalization is required).
Consideration stages of an industrial design application in Ukraine.
The filing fees must be paid within two months from the filing date of an industrial design application.
The local legislation prescribes that only formal examination of industrial design application is conducted by the Ukrainian Patent Office.
The examination process usually lasts about 8-10 months and may be accelerated if necessary.
Based on the results of the formal examination, the Ukrainian Patent Office makes a decision on granting protection to industrial design. Then, there are three months for payment of the registration fees from receiving date of the decision. After receiving the payment of the required official fees, a patent is issued within 2-3 months.
Thus, the registration procedure for an industrial design takes approximately 12 months.
Duration of industrial design rights registration.
An industrial design registration is valid ten years from the filing date. The registration can be extended for another five years, therefore the maximum duration of an industrial design registration is fifteen years from filing.
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