Patent Attorney of Ukraine Oleksandr Kolosov provides services of industrial design registration in Ukraine, Russia and Belarus.
In today's society we are surrounded by a wide variety of industrial designs (hereinafter- ID). ID are applied to a range of industrial products and handicraft. Among them - the devices and medical equipment, watches, jewelry and other luxury items, kitchenware, consumer electronics, transportation, architectural objects of enduring form, clothing, labels, packaging, patterns for fabrics and a variety of recreational items.
Industrial design (hereinafter referred to as design) – is a result of human creative activity in artistic construction sphere (appearance of the product).
To ensure the public protection in accordance with the national legislation of most countries, ID should have an attractive appearance above all. This means that the ID has primarily an aesthetic nature, and does not imply any technical properties of products of which it is part.
Forms, drawings, colouring or their combination, i.e. features determining aesthetic, ergonomic or ornamental aspect of an article, might become objects of protection.
ID may consist of three-dimensional elements such as the shape or surface topography of the product.
Cannot obtain legal protection : architecture objects (except for small architectural forms), industrial, hydraulic and other fixed structures, printed matter as such, objects of unstable form from liquid, gaseous, powdery or similar substances.
Main patentability prerequisite for design is novelty. Design is deemed new if it wasn’t disclosed before application date or priority date. Some countries provide grace period which allows filing of design application within 6 months after its disclosure.
The extent of legal protection is defined by the set of essential features of the software provided on the image (s) of the product entered in the Register, and is certified by the patent containing a copy of image of the product that is included to the Register.
Interpretation of the signs of ID should be within its description.
It should be noted that there are significant differences in the preparation of the description of ID in Ukraine, Russia and Belarus. In particular, the patent law of the Russian Federation and Belarus condition of patentability criteria, except of novelty, as well as in domestic law, in addition includes another criterion of originality.
The descriptions of applications in Russia and Belarus also have additional ID sections that are missing in Ukrainian description, namely, the analogues and nearest analogues of ID. Presentation of a list of essential features in accordance with existing laws and regulations in these countries is also different.
Evidence demonstrates that the following approach and further patent on ID is the most difficult in patenting activity in the Russian Federation as a result of the verification system, it is easier - in Belarus, and the most simple - in Ukraine as a result of the formal examination of the application and issuance of a patent on ID for responsibility of the applicant.
Despite on this, it is desirable in the preparation of the description of ID to obtain a patent of Ukraine, in terms of anticipation of their possible judicial review and protection against unlawful acts of third parties, to make a thorough and detailed description of ID. The essential features of the claimed set of ID should be emphasized at the end of the description so that it can be (if necessary) uniquely identified by both patent and legal expert.
The practice of legal expertise evidences that to recognize the design to be new it is important that lacking all of its dominant features, and not each of these features separately.
Further, the essential feature of the design is a feature, which is objectively inherent in art and design specifics of the patented product, characterizes compositional features of this product and effects on the process of its formation.
The essentiality of the feature is determined by its involvement in creation of the visual image of the product, in providing it with properties that enable it to be visually distinguished from a number of similar decisions.
Design registration is required for obtaining state-guaranteed privileges for its use, including owner’s right to prohibit a third party use of such design.
Either natural or legal person might be subjects of property rights for design, besides design may simultaneously belong to several legal persons and/or individuals.
The title of protection - the Patent for industrial design (hereinafter – Patent) – contains representation (representations) of filed article, which defines the scope of protection. In some countries filing of Design is followed by description which isn’t normally published.
A patent gives its owner the exclusive right to use the ID on his own, if such use does not violate the rights of other patent holders.
The territory covered by protection of registered designs is always specified in the Patent. It may include one or more states.
Design patents in Ukraine are issued on O.R. (owner’s risk) basis. This means that examination authority (SE "UIIP") establishes filing date, determines if claimed object relates to designs and executes formal examination of application materials for regulatory compliance. The design description, which is usually drafted by patent attorney, is one of must-file documents.
Ukrainian design patent is valid during 10 years and it’s usually possible to extend its validity for maximum of 5 years.
Maintenance fees are paid annually.
(based on the materials of the State Department of Intellectual Property of Ukraine)
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|Procedure||Attorney Fees||Off. Fees|
|Document preparation and filing|
|- for one design||The price is negotiable, contact us||800 UAH|
|- for each of additional 2–10 variants of the design||The price is negotiable, contact us||100 UAH|
|- for each additional variant in excess of 10||The price is negotiable, contact us||350 UAH|
|Patent publication and granting|
|Publication of information about granting of a patent (each image of each variant, b&w)||The price is negotiable, contact us||150 UAH|
|- extra for publication in color (each image of each variant)||The price is negotiable, contact us||100 UAH|
|Granting of Patent for residents of Ukraine||The price is negotiable, contact us||17 UAH|
|Granting of Patent for non-residents||The price is negotiable, contact us||100 USD|
|Maintenance of the Patent|
|1st–2nd years||The price is negotiable, contact us||100 UAH|
|3rd year||The price is negotiable, contact us||200 UAH|
|4th year||The price is negotiable, contact us||300 UAH|
|5th year||The price is negotiable, contact us||450 UAH|
|6th year||The price is negotiable, contact us||700 UAH|
|7th year||The price is negotiable, contact us||900 UAH|
|8th year||The price is negotiable, contact us||1200 UAH|
|9th year||The price is negotiable, contact us||1500 UAH|
|10th -12th years||The price is negotiable, contact us||1800 UAH|
|13th -15th years||The price is negotiable, contact us||3300 UAH|
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|Other services||Attorney Fees||Off. Fees|
|- 1 priority||The price is negotiable, contact us||-|
|- each additional priority||The price is negotiable, contact us||-|
|Transfer of industrial design property rights||The price is negotiable, contact us||600 UAH|
|License agreement||The price is negotiable, contact us||400 UAH|
|Other additional services|
|Filing of an appeal at the Chamber of Appeals||The price is negotiable, contact us||1700 UAH|
|Filing of amendments to the application materials||The price is negotiable, contact us||800 UAH|
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