Patent

Patent — a document certifying the authorship of an invention and the exclusive right to use it for a certain period of time.

A patent is issued by the state patent office to the inventor or his legal successor. The effect of a patent extends only to the territory of the state in which it was issued. The term of validity of a patent is established by national legislation (as a rule, 15–20 years). In a narrow sense, a "patent" is a protective document certifying the priority, authorship and ownership of an invention.

The patent is valid on the territory of the state that issued it. A patent can be issued in the name of the author or another natural or legal person.

Invention patent - a technical solution that is new, useful in economic activity and can be practically applied. An invention recognized by official experts can receive legal protection from the state and become an object of industrial property, which is evidenced by a special law enforcement document called a patent.

Utility model patent- a new technical solution that does not follow from the existing level of technology and is industrially suitable; the result of human intellectual activity in any field of technology.

A patent is obtained by submitting a patent application to the relevant patent office. A patent application must include a description of the invention and, in some jurisdictions, evidence of its utility.

The procedure for obtaining a patent for an invention or utility model includes:

  1. 1. Formation and submission of an application consisting of:
    • Applications for the issuance of a patent for an invention, a utility model;
    • description of the invention, utility model;
    • the formula of the invention, utility model;
    • drawings (if there is a reference to them in the description);
    • abstract of the object of intellectual authority.
  2. Passing a formal examination, after which the state publication is carried out information about the application in the state bulletin.
  3. Passing a qualification examination on the patentability of the object.
  4. Obtaining a patent and publishing information about the obtained patent in the state bulletin.
Completion of the third of the above stages is mandatory only for obtaining a patent for an invention, obtaining a patent for a utility model requires the completion of the first, second and fourth stages. The term of obtaining a patent for an invention in Ukraine is about 18 months, and for a utility model - 7-9 months.
The term of validity of a patent for an invention is 20 years from the moment of filing an application, and a patent for a utility model is 10 years. As for medicinal products, the use of which requires the permission of the competent authority, the patent may be valid for a period of extended for another 5 years.