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Legislative Implementation of Flexibilities - Ukraine

Title:Articles 1, 6 (1-4) and 7 (2-6 and 8) of the Law on the Protection of Rights to Inventions and Utility Models No.7 of 1994
Field of IP:Patents
Type of flexibility:Utility models
Summary table:PDF

Provisions of Law

Article 1.Notions

"Invention (utility model)" means a result of intellectual activity of a human being in any field of technology;

Article 6. Conditions of Granting the Legal Protection

1) The legal protection shall be granted to an invention (utility model) that does not contradict the public order, humanity and morality and complies with the requirements of patentability.

2) The object of an invention (utility model), to which the legal protection is granted under this Law, may be:

a product (device, substance, microorganism strain, plant or animal cells culture etc.);

a process (method) as well as the novel use of a known product or process.

3) According to this Law, the legal protection shall not extend to such technology objects:

plant varieties and animal breeds;

processes of the reproduction of plants and animals that are biological in its basis and do not belong to non-biological and microbiological processes;

topographies of integrated circuits;

results of art constructing.

4) The priority, authorship and property right to an invention are certified by a patent (declarative patent).

The priority, authorship and property right to a utility model are certified by a declarative patent.

The term of the patent for an invention shall be 20 years as from the date of filing of the application with the Office.

The term of the declarative patent for a utility model shall be 6 years as from the date of filing of the application with the Office.

The term of the patent for an invention, the object of which is a drug, means for the protection of animals, means for the protection of plants and for the use of which a permission of the relevant authorized body is required, may be extended at the request of the owner of this patent for a period that is equal to the period between the date of filing of the application and the date of the receipt of such a permission, but for no more than 5 years. The filing of a request is subject to the payment of the respective fee.

In this case the Office shall define the procedure for filing a request and extending the validity period of a patent.

The term of a declarative patent for a utility model shall be 10 years from the date of filing of the application with the Office.

The term of a patent (declarative patent) for a secret invention and of a declarative patent for a secret utility model is equal to the period of the classification of an invention (utility model), but may not be longer than the period for the protection of an invention (utility model) defined under this Law.

The validity of a patent shall be terminated before the appointed time under conditions prescribed in Article 32 of this Law.

Article 7. Patentability Requirements to an Invention, Utility Model

2) A utility model meets the patentability requirements provided that it is new and industrially applicable.

3) An invention (utility model) shall be considered to be new provided that it does not form part of the state of the art. Objects that are a part of the state of the art shall be considered only separately when determining the novelty of an invention.

4) The state of the art comprises everything made available to the pubic throughout the world before the date of filing of the application with the Office or, if the priority has been claimed, before the date of its priority.

5) The state of the art also includes a content of any application for granting a patent in Ukraine (including an international application, in which Ukraine is designated) in the wording, in which this application has been primarily filed, provided that the date of its filing (if the priority has been claimed, the date of the priority) is prior to the date referred to in Paragraph 4 of this Article, and that the application has been already published on or after this date.

6) The recognition of an invention (utility model) as a patentable one does not depend on the disclosure of information on the invention (utility model) by an inventor or by a person which has received such an information directly from an inventor or indirectly within 12 months before the date of filing of the application with the Office or, if the priority has been claimed, before the priority date. In this case, the person, who is interested in using this provision, is obliged to prove the circumstances of the disclosure of information.

8) An invention (utility model) shall be considered to be industrially applicable provided that it may be used in industry or other field of activity.

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