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How Do I Register a Patent (Utility Model) in Ukraine with Destra Patent Law Firm (Steps, Costs)?
Drafting and filing a patent (utility model) application involves at least 8 stages of meticulous work aimed at shaping the scope of protection of the invention based on the customer’s targets.
Step 1. Confidentiality Agreement
Any information on patentable subject matter, applicant and inventor is confidential. Part of this information (namely, which is eventually included into the application) remains confidential until the patent (utility model) application is published. All other information (which was disclosed by the customer while drafting the application but eventually not included in the application) remains confidential even after the application has been published.
The DPL’s confidentiality obligations are set forth in the Confidentiality Agreement to be signed by DPL prior to getting started with receiving information from the customer and drafting the patent application.
Having signed the confidentiality agreement, DPL proceeds to the following steps.
Step 2. Invention Disclosure Form
We usually provide the customer with an invention disclosure form (questionnaire) to assist the applicant (inventor) in collecting their thoughts regarding the matter.
At this step, the customer provides us with the following information:
- Applicant Details — the information about the person(s) to be designated as the applicant(s) who will eventually be the patent owner(s) after the registration process is completed.
- Inventor Details — the information about the person(s) who will be designated as the inventor(s) in the patent application.
- Invention Details — the information disclosing how the invention works, what problem it seeks to solve, and why is it better than other products/processes.
Options for designating the Applicant (future patent owner):
- An individual or a legal entity.
- One or more individuals/entities.
Rules to follow when designating the Applicant (future patent owner)
The following persons should be designated as the Applicant:
- Inventor — if the invention was created independently by the inventor (not as an employee), or, if as an employee, where the employer refuses to patent;
- Employer — if there is an agreement on allocation of rights to the invention between the inventor and his/her employer, and the right to file the application has been assigned by the employee to the employer;
- Both Inventor and Enployer — if there is no agreement on allocation of rights to the invention between the inventor and his/her employer. If there is no such a contract – should the inventor be not designated as the applicant – the inventor may file a claim to invalidate the patent on the ground of infringement of his/her rights.
Rules to follow when designating the Inventor
The person (group of persons) who actually invented a product/process as a result of their intellectual and creative activities should be designated in the patent application as the inventors. People who were involved in organizational work or financing should not be considered inventors.
Inappropriate designation of the applicants and inventors does not affect the grant of a patent because Ukrpatent (like patent offices of any other countries) does not verify such information, but this can have negative consequences if an aggrieved person files a claim to invalidate the patent.
Having received the above information from the customer, we discuss the options respecting the designation of the applicant and inventor.
Invention details are more complex and time-consuming. These are analyzed by us and discussed with the customer at the following step.
Step 3. Identifying Patentable Subject Matter, Drawing up the Requirements Specification
Time to completion:
We analyze the invention details, disclosed by the customer, within 5 working days. Where needed, we draft clarification questions and analyze new answers. Once invention details are sufficiently disclosed so that we can perform the patent search and draw up the patent application, we sign the Patent Application Requirements Specification, and go on to the following steps.
Description | Fees, UAH | |
10201 | ATTORNEY'S FEE for analysing the initial information provided by the Customer to identify patentable subject matter and draw up the requirements specification for the patent application — coefficient 1 | 3750,00 |
10202 | ATTORNEY'S FEE for preparing clarification questions pertaining to the patentable subject matter and analysing the Customer’s answers — coefficient 1 | 2500,00 |
10203 | ATTORNEY'S FEE for classifying the invention under the IPC (International Patent Classification) for patent search purposes — coefficient 1 | 750,00 |
Step 4. Patentability Search
Purpose:
- Determination of novelty and inventive step (for a patent), or novelty only (for a utility model).
- identification of the closest analogue to the claimed invention (prototype) to be referred to in the description.
We usually get started with the patentability search concurrently with Step 3 (once the volume of information received about the invention is sufficient for us to classify the invention under the current IPC version and conduct the patentability search). The patentability search is performed within 5 working days. The search results are analyzed and the opinion is drawn up within 5 working days after the search.
Description | Fees, UAH | |
10401 | ATTORNEY'S FEE for patentability search using online patent databases — coef. 1 (per each set of 15 IPC subgroups) | 5000,00 |
10402 | ATTORNEY'S FEE for patentability opinion based on the search results — coef. 1 (per each set of 20 documents) | 3500,00 |
Step 5. Drafting a Patent (Utility Model) Application
Drafting a patent (utility model application) takes 35 working days on avarage. The exact term is to be agreed when discussing and signing the Requirements Specification, and depends on complexity of the invention and sufficiency of information disclosed by the applicant.
Description | Fees, UAH | |
10601 | ATTORNEY'S FEE for drafting an independent claim — coef. 1 | 3000,00 |
10602 | ATTORNEY'S FEE for drafting a dependent claim — coef. 1 | 1250,00 |
10603 | ATTORNEY'S FEE for classifying the invention under the current IPC version — coef. 1 | 500,00 |
10604 | ATTORNEY'S FEE for drafting Section “Statement of the Technical Field” — coef. 1 | 750,00 |
10605 | ATTORNEY'S FEE for drafting Section “Background information and prior art” (per one analogue or problem faced by inventors) — coef. 1 | 2250,00 |
10606 | ATTORNEY'S FEE for drafting the statement of the technical problem or the technical result addressed by the invention — coef. 1 | 750,00 |
10607 | ATTORNEY'S FEE for drafting Section “Summary of the Invention” — coef. 1 (per one subject matter) | 3500,00 |
10608 | ATTORNEY'S FEE for drafting Section “List of Figures” and brief description of each drawing (per one figure) — coef. 1 (per each set of 10 references) | 750,00 |
10609 | ATTORNEY'S FEE for drafting the descrioption of the causal link between the features of the invention and the expected technical result or solution of the problem — coef. 1 (per one subject matter) | 2700,00 |
10610 | ATTORNEY'S FEE for drafting the descrioption of the product for Section “Detailed Description of the Embodiments” — coef. 1 (per one subject matter) | 2500,00 |
10611 | ATTORNEY'S FEE for drafting the descrioption of the process for Section "Detailed Description of the Embodiments" — coef. 1 (per one subject matter) | 2500,00 |
10612 | ATTORNEY'S FEE for drafting the Abstract — coef. 1 | 500,00 |
10613 | ATTORNEY'S FEE for preparing a drawing (figure) in electronic form — coef. 1 | 500,00 |
10614 | ATTORNEY'S FEE for additional processing of a drawing (figure) provided by the customer in electronic form — coef. 1 | 250,00 |
10615 | ATTORNEY'S FEE for compiling a patent (utility model) application on the basis of the prepared description, claims, abstract, and drawings — coef. 1 | 3500,00 |
Step 6. Filing the Patent (Utility Model) Application. Formal Examination
We file application materials within 2 days after they are approved by the customer.
A Utility Model application undergoes formal examination only (Step 7 is not applicable), while a Patent application undergoes both formal examination (this Step 6) and substantive examination (the next Step 7).
Non-accelerated formal examination takes up to 8 months for the utility model, and up to 17 months for the patent.
Where accelerated formal examination is ordered, it takes up to 20 working days.
Description | Fees, UAH | |
10701 | ATTORNEY'S FEE for filing the drafted patent (utility model) application to the Patent Office — coef. 1 | 2500 |
10721 | OFFICIAL FEE for filing a PATENT application (direct filing and PCT national entry), up to three claims [10100] - where the applicant (owner) is the inventor | 160* / 1600** / 480*** / 2400**** |
10722 | OFFICIAL FEE for filing a PATENT application (direct filing and PCT national entry), each additional claim over three [10100] — per 1 claim — where the applicant (owner) is the inventor | 16* / 160** / 48*** / 240**** |
10723 | OFFICIAL FEE for additional sheets over first 100 sheets — for a PATENT application [10100] — each set of 50 sheets — where the applicant (owner) is the inventor | 80* / 800** / 240*** / 1200**** |
10801 | ATTORNEY'S FEE for patent prosecution during formal examination of a patent (utility model) application (tracking deadlines, receiving documents, reporting an office action) — coef. 1 | 1750 |
* for an INVENTION application — if the applicant (owner) is the inventor
** for an INVENTION application — if the applicant (owner) is NOT the inventor
*** for a UTILITY MODEL application — if the applicant (owner) is the inventor
****for a UTILITY MODEL application — if the applicant (owner) is NOT the inventor
Step 7. Substantive Examination (for Patent Applications)
Time to completion:
This Step 7 is only applicable to Patent Applications (Utility Model Applications undergo formal examination only).
Non-accelerated substantive examination is takes up to 15 months.
Where accelerated substantive examination is ordered, it takes up to 80 working days.
Description | Fees, UAH | |
11001 | ATTORNEY'S FEE for filing a request for substantive examination — coef. 1 | 1250 |
11002 | ATTORNEY'S FEE for patent prosecution during substantive examination (tracking deadlines, receiving documents, reporting an office action) — coef. 1 | 3750 |
11003 | ATTORNEY'S FEE for filing a request for early publication of the patent application before 18 months from the filing date — coef. 1 | 1250 |
11021 | OFFICIAL FEE for substantive examination of the patent application, one independent item [11600] - where the applicant (owner) is the inventor | 600* / 6000** |
11022 | OFFICIAL FEE for each additional independent claim over one [11600] - 1 claim — where the applicant (owner) is the inventor | 600* / 6000** |
11023 | [] OFFICIAL FEE for requesting early publication of the patent application before 18 months from the filing date [11400] - where the applicant (owner) is the inventor | 20* / 200** |
* for an INVENTION application — if the applicant (owner) is the inventor
** for an INVENTION application — if the applicant (owner) is NOT the inventor
Step 8. Patent (Utility Model) Grant
Time to completion:
The publication fee is to be paid within 3 months following the positive Examiner's decision.
The patent (utility model) is granted within 2 months following the publication (registration).
Description | Fees, UAH | |
14001 | ATTORNEY’S FEE for paying the publication fee and grant fee, obtaining and forwarding the patent to the Customer - for residents of Ukraine | 1250 |
14002 | ATTORNEY’S FEE for paying the publication fee and grant fee, obtaining and forwarding the patent to the Customer - for non-residents of Ukraine | 2500 |
14021 | Basic publication fee (OFFICIAL FEE) [12400] - where the applicant (owner) is the inventor | 40* / 400** / 120*** / 600**** |
14022 | Extra publication fee for each page over 15 (OFFICIAL FEE) [12400] - 1 sheet — where the applicant (owner) is the inventor | 2* / 20** / 6*** / 30**** |
14023 | Patent grant fee (OFFICIAL FEE) — for residents of Ukraine | 17 |
14024 | Patent grant fee (OFFICIAL FEE) — for non-residents of Ukraine — the equivalent of USD 100 | 4000 |
* for an INVENTION application — if the applicant (owner) is the inventor
** for an INVENTION application — if the applicant (owner) is NOT the inventor
*** for a UTILITY MODEL application — if the applicant (owner) is the inventor
****for a UTILITY MODEL application — if the applicant (owner) is NOT the inventor
Patent and Utility Model Consultations
We provide consultations on matters related to the protection of patents and utility models in Ukraine and worldwide, as well as written materials explaining the stages and cost of patenting.
Free of charge:
- The first 15 minutes of an oral consultation on patents and utility models;
- Standard written materials on stages and costs of patenting.
In most cases, free consultations and basic written materials are enough to decide and start working with us.
Services Related to Patents and Utility Models:
Patentable Subject Matter and Patent Searches
Patent Drafting, Filing and Prosecution
Amendments to Patent Applications and Patents
Assignments of Patent Applications and Patents
Patent Maintanance, obtaining Copies, Duplicates, Extracts, Information
Examples of patents:
A method of delivering a free-falling container to a given point
The method of adjusting the alternating current voltage
Dispenser for packing loose materials into valve bags
Filter for cleaning gases from dust
The method of disposal of conventional ammunition containing TNT and/or hexane
The method of production of pasta products
Device for filling soft containers with bulk material