The Chronograph of Inventions

September 25

  • In 1818, the first transfusion using human blood, as opposed to animal blood, is provided by James Blundell.

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      Patenting of Industrial Designs

         The contemporary IP legal base in Ukraine was founded in 1992, when the state attained sovereignty. At present we have an efficient system for protecting intellectual property, based on several international conventions and agreements. The Ukrainian laws are currently being harmonised with the laws of the European Union.

         Ukraine is one of the Contracting Parties of the following international acts concerning industrial designs:

      • Paris Convention for the Protection of Industrial Property
      • Convention Establishing the World Intellectual Property Organization (WIPO Convention)
      • Locarno Agreement Establishing an International Classification for Industrial Designs
      • Hague Agreement Concerning the International Registration of Industrial Designs.


         You can read the Ukrainian IP laws here.

         Foreign citizens and persons without citizenship have the same rights according to international conventions, Constitution of Ukraine and code of laws of Ukraine. However they should communicate with the Ukrainian Patent Office only through registered Patent Attorneys of Ukraine.

      What can be an industrial design?

         Industrial design is the result of creative work in the field of styling. Shape, picture, coloration or unification of these features, determining appearance of manufactured articles can be qualified as industrial design.

         The following categories cannot be qualified as industrial design and obtain legal protection:

      • architectural objects (except small architectural forms), industrial, civil engineering works and other permanent constructions
      • printed matter
      • objects of unstable (amorphous) state consisting of liquid, gaseous, friable or similar substances.

         The main legislation concerning industrial designs in Ukraine is The Law of Ukraine On Protection of Rights to Industrial Designs.

         Though the law does not provide for issue of patent for industrial design for printed matter, the Ukrainian Patent Office permits issue of patents for promotional postcards, stickers, packings and similar products. But it is necessary to mention that text put on these products is not protected by such patent. We recommend to register any text element as a trademark to obtain its protection.

      The criteria your industrial designs should meet

      Industrial design is patentable in case if it is new.

      The term of validity of industrial design in Ukraine is 10 years and can be extended for another 5 years (not more than 5) at the request of the certificate owner.

      How can you file an industrial design application in Ukraine?

      There are three ways:

      • to file a national industrial design application
      • to file a national industrial design application according to the Paris Convention
      • to file a international industrial design application according to the Hague Agreement.
      Forms (documents) required for filing an industrial design application:
      • Filing particulars: name, country of incorporation and address of the applicant(s), name, country of residence and address of the creator(s)
      • Set of images (photographs, drawings) of the industrial design, providing full and detailed views of its outward appearance
      • Description of the industrial design, covering all its essential features
      • Certified copy of the priority application (if claiming priority according to the Paris Convention)
      • Power of Attorney signed by authorized person on behalf of applicant.

      Power of Attorney does not require notarization or legalization. The copy of the priority application should be duly certified by the Patent Office of the state where the application was first filed. No other notarization or legalization is needed.

      How long does it take to obtain a patent?

      The Patent Office views patent applications within approximately 3-4 months, but there are legal ways to accelerate the procedure. 

       
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