An invention is an object of intellectual property that contains an innovative technical solution that can bring practical benefits in industry, agriculture, medicine or other areas. Inventions may include:
- Methods (technologies, production methods, etc.);
- Devices (apparatus, mechanisms, equipment);
- Substances (new materials, chemical compounds);
- The use of known devices or substances for a new purpose.
What is not considered an invention
Ukrainian legislation does not recognise it as an invention:
- discoveries, scientific theories, mathematical methods;
- methods of organising or planning business activities, rules for performing mental operations;
- computer programs as such;
- topography of integrated circuits;
- plant varieties and animal breeds (they are protected by other special laws);
- results of artistic design (they can be protected as industrial designs).
Criteria for patentability of an invention
- Novelty
The technical solution must not have been previously known from any source of publicly available information.
- Inventive step
The solution should not be obvious to a specialist in the relevant field.
- Industrial applicability
The invention must be capable of being reproduced or applied in a particular field (manufacturing, medicine, agriculture, etc.) and produce the expected result.
The procedure for patenting an invention
- Submitting an application
- Preparation of application materials (description, claims, drawings, etc.).
- Submitting an application to a government agency (in electronic or paper form).
- Payment of the established fees.
- Formal examination
We check the availability of all the necessary documents and the correctness of their execution.
- Qualification examination
- We conduct a patent search for novelty and assess the inventive step.
- If the opinion is positive, a decision is made to grant a patent for the invention.
- Granting a patent
- The information is published in the relevant bulletin.
- A patent is sent to the applicant as an official proof of the right to the invention.
Patent validity period
- 20 years from the date of filing an application is the general term of protection for an invention in most countries.
- If additional conditions are met (in particular, for pharmaceuticals), it is possible to extend the patent term, but this applies to individual cases.
- In order to maintain the validity of a patent, the owner must pay an annual maintenance fee.
Rights of the patent holder
- The exclusive right to prohibit other persons from making, using, selling, offering for sale, importing or storing for commercial purposes a patented product or a product made by a patented method without the consent of the patentee.
- The ability to dispose of a patent: sell it, inherit it, contribute it to the charter capital, grant licences.
- Protection of patent rights: in case of infringement, the owner may apply to the court to stop the infringement and compensate for damages.
International aspect
If you intend to protect your invention outside of Ukraine, you should file an application in other countries or use the PCT (Patent Cooperation Treaty) procedure, which allows you to obtain an international search and defer the costs of national phases in different countries.
Important! In those countries where an invention has not been filed for or granted a patent, it can be freely used by others. Therefore, experts often recommend simultaneous or phased filing of applications in several jurisdictions.
Our experts are ready to provide a full range of services in the field of intellectual property:
- Consultations
Regarding the registration of an invention, prospects and possible risks.
- Patent research
Search for analogues, analysis of novelty and inventive step.
- Preparation and submission of the application
Preparation of all necessary documents and interaction with the state registrar.
- Record keeping
Monitoring deadlines, payment of fees and responding to examination requests.
- Protection of rights
Representing clients in disputes related to patent infringement.
Conclusion
Filing a patent for an invention is a way to protect innovations at the state level and gain competitive advantages in the market. Correct and timely registration expands the possibilities of commercialising an invention, helps attract investors and partners, and protects against unfair competition. If you want to reliably protect your technical breakthrough, turn to professionals to save time, money and avoid possible patenting mistakes.