How to register an object of intellectual property in Ukraine?

Objects of copyright – works of literature, science and art. They are not subject to mandatory state registration. They are generally protected from the moment of creation for the lifetime and 70 years after the author's death. A complete list of copyright objects can be found in Article 5 of the Law of Ukraine "On Copyright and Related Rights".

Objects of industrial property law (inventions, industrial designs, utility models, marks for goods and services - TM), which are valid only from the moment of state registration and have their validity period. In order to confirm the rights to these objects, it is necessary to extend them each time in the established manner, paying the necessary state fees.

In general, the registration of the right to an invention and a utility model is certified by a patent, and the right to industrial designs and trademarks is certified by a certificate.

The documents submitted for obtaining a patent are:

1. Application for issuing a patent;

2. Documents confirming payment of relevant fees (1 tax-free minimum income of citizens);

3. Drawings (if there is a reference to them in the description);

4. Description of the invention or utility model (it is necessary to explain in a certain order and disclose the essence of the invention (utility model) so clearly and completely that it can be implemented by a specialist in the specified field);

5. Abstract (made up for informational purposes only, they cannot be taken into account for any other purpose, in particular for the interpretation of the claims of the invention (utility model) and determination of the scope of legal protection);

6. The formula of the invention or utility model (must express its essence, be based on the description, must be stated clearly and concisely in a specified order).

In order to obtain a patent, an application for the issuance of a patent must undergo appropriate procedures (verification of the declared invention / utility model for compliance with the conditions of patentability and the conditions for granting legal protection, conducting a formal and qualification examination of the application, etc.) in accordance with the Law of Ukraine "On the Protection of Rights to Inventions and Utility Models" .

On the basis of the expert opinion, UKRNOIVI makes a decision on the issuance of a patent.

To obtain a certificate for industrial samples, the applicant must submit the following documents:

1. An application for registration of an industrial design, in which it is necessary to indicate the applicant(s) and his address, as well as the author(s), to disclose the essence of the industrial design clearly and completely so that it can be carried out by a specialist in the specified field (as well as to pay a fee to elapse of two months from the date of submission of the application).

2. A set of images of the product (the product itself or in the form of its layout or drawing), which give a complete and clear idea of its appearance.

3. Description of the industrial design.

4. Drawings, diagrams, maps (if necessary).

To register a trademark and obtain a corresponding certificate, the following documents must be submitted to UKRNOIVI:

1. application for trademark registration;

2. image of the sign;

3. a list of goods and services for which the applicant requests to register a mark, grouped in accordance with the International Classification of Goods and Services (ICC);

4. pay the state fee for submitting an application;

5. in the case of submission of documents for registration by a representative of a natural or legal entity, it is necessary to submit a power of attorney authorizing the representative to perform such actions on behalf of the principal.

If the applicant requests protection of a color or combination of colors as a distinguishing feature of his trademark, he must:

• declare it and specify the color or combination of colors in the declaration;

• submit color images of the trademark in the application.