Industrial designs in Ukraine
► What criteria must a design meet to be eligible for protection?
► What is required to file a design application?
► What are the requirements for a power of attorney (POA)?
► What is extent of examination of a design application?
► How long does it take for a design to be registered?
► How long does a design patent protection last?
► Is there any protection for unregistered designs?
► What are the fees for obtaining and maintenance of a design registration?
What criteria must a design meet to be eligible for protection?
Designs must be new and must have an individual character. In other words, it must be apparent to the public that they are different from products which existed previously.
What is required to file a design application?
- Filing instruction containing:
– Title of the industrial design
– Name(s) and address(es) of the applicant(s)
– Name and country of residence of the designer(s)
– Priority data (if any) - Reproduction of the design – photographs or other graphic representations in JPEG format representing the design. A design may be represented by several reproductions showing different views of the design.
- Description of essential features of the design.
- Power of attorney.
- Certified copy of the priority document (within 3 months after filing date).
► What are the requirements for a power of attorney (POA)?
The power of attorney must be simply signed. No notarization or legalization is required.
The original is required, but it is advisable to send first a scanned copy.
The power of attorney can be sent to the Patent Office after the action has already been taken by the patent attorney.
What is extent of examination of a design application?
Compliance with the definition of a design, with the concepts of public policy and morality, and with formal requirements.
How long does it take for a design to be registered?
Normally, the term for registration of a design is 6-11 months.
How long does a design patent protection last?
For up to 25 years. Registrations will need to be renewed every five years.
Is there any protection for unregistered designs?
Yes. This protection will be applicable from the date of disclosure of designs to the public within Ukraine. That disclosure may occur through designs going on sale or through prior marketing or publicity. The relevant designs will be protected for three years.
The main difference in the level of protection afforded will be that a registered design will be protected against both deliberate copying and the independent development of a similar design. An unregistered design will be protected only against deliberate copying.
What are the fees for obtaining and maintenance of a design registration?
All fees are defined in hryvna – official currency of Ukraine (UAH). Only the registration fee for
non-residents is defined in USD. Basic fees are presented in the table below.
Column 3 show the reduced fees (20%) that are payable when the applicant(s)/holder(s) is/are designer(s).
Fees in USD presented in the table are defined at the rate: 1 USD = 28 UAH.
| Basic fee UAH/USD |
20% fee UAH/USD |
|
| 1 | 2 | 3 |
| Obtaining a certificate | ||
| Filing fee
a) one variant of design b) each further variant of design from 2nd to 10th c) 11th and each further variant of design |
1280/46 160/6 560/20 |
256/9 32/1 112/4 |
| Publication fee
a) each black-white view of design b) each color view of design |
300/11 500/18 |
60/2 100/4 |
| Registration fee | /100 | /100 |
| Annuities | ||
| 1 | 300/11 | 60/2 |
| 2 | 300/11 | 60/2 |
| 3 | 600/21 | 120/4 |
| 4 | 800/29 | 160/6 |
| 5 | 900/32 | 180/6 |
| 6 | 1200/43 | 240/9 |
| 7 | 1500/54 | 300/11 |
| 8 | 1800/64 | 360/13 |
| 9 | 2000/71 | 400/14 |
| 10 | 2400/86 | 480/17 |
| 11 | 2400/86 | 480/17 |
| 12 | 2400/86 | 480/17 |
| 13 | 4000/143 | 800/29 |
| 14 | 4000/143 | 800/29 |
| 15 | 4000/143 | 800/29 |
| 16 | 4200/150 | 840/30 |
| 17 | 4200/150 | 840/30 |
| 18 | 4200/150 | 840/30 |
| 19 | 4200/150 | 840/30 |
| 20 | 4200/150 | 840/30 |
| 21 | 4800/171 | 960/34 |
| 22 | 4800/171 | 960/34 |
| 23 | 4800/171 | 960/34 |
| 24 | 4800/171 | 960/34 |
| 25 | 4800/171 | 960/34 |
| Surcharge (6 months grace period) | 50% | 50% |
Other official fees and our professional fees are presented in our Schedule of fees which we will send to you on request to mog@innotec.ua
