Out of stock
The industrial design registration procedure involves at least 6 stages of meticulous work, during which a patent attorney builds up the scope of industrial design protection based on the client's needs.
Step 1. Confidentiality Agreement
Any information on patentable subject matter, applicant and author is confidential. Part of this information (which is eventually included into the application) remains confidential until the Industrial Design 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 Industrial Design application.
After signing the confidentiality agreement, the patent attorney proceeds to the next steps.
Step 2. Initial information about the applicant, inventor and subject-matter of industrial design
(a) Designation of the applicant (future owner of the industrial design), settlement of relations between applicants
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:
- Author — if the Industrial Design was created independently by the Author (not as an employee), or, if as an employee, where the employer refuses to register;
- Employer — if there is an agreement on allocation of rights to the Industrial Design between the Author and his/her employer, and the right to file the application has been assigned by the employee to the employer;
- Both Author and Applicant — if there is no agreement on allocation of rights to the Industrial Design between the Author and his/her employer. If there is no such a contract – should the Author be not designated as the applicant – the Author may file a claim to invalidate the Industrial Design registration on the ground of infringement of his/her rights.
Before starting the industrial design registration procedure, it is recommended to conclude an agreement on the distribution of rights between the future owners of the industrial design certificate (applicants), if there are several of them, as well as to formalize relations with the investor (if any).
Without concluding a contract between applicants, each of them, after receiving a certificate for an industrial design, can independently use the industrial design at their own discretion, in particular, independently (for example, as an individual entrepreneur) manufacture the corresponding products. However, if such a co-owner of the certificate wants to use this industrial design in his own enterprise, he will need the permission of other co-owners, and this should be agreed in advance.
(a) Designation of the Author (future owner of the industrial design), settlement of relations between the Applicant and Author
Who should be listed as the author of the industrial design?
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 Industrial Design application as the inventors. People who were involved in organizational work or financing should not be considered Authors.
Inappropriate designation of the Applicants and Authors does not affect the grant of a patent because the Ukrainian Patent Office (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 Industrial Design registration.
Having received the above information from the customer, we discuss the options respecting the designation of the Applicant and Author.
Step 3. Identifying Patentable Subject Matter, Drawing up the Requirements Specification
The analysis of the details, disclosed by the customer on the patentaple subject-matter takes 5 working days. If there is no need for clarifying questions, we sign the Terms of Reference and proceed to the next steps.
|20201||ATTORNEY'S FEE for analysing information received from the Customer for identifying patentable subject matter and finalizing the requirements specification — coef. 1||750,00|
|20202||ATTORNEY'S FEE for preparing clarification questions pertaining to the patentable subject matter and analysing the Customer’s answers — coef. 1||500,00|
Step 4. Drafting the Industrial Design Application
Drafting an Industrial Design application takes 7 working days on avarage. The exact term is to be agreed when discussing and signing the Requirements Specification, and depends on complexity of the Industrial Design and sufficiency of information disclosed by the Custromer.
|21001||ATTORNEY'S FEE for classifying the industrial design (choosing a subclass under the current edition of the Locarno Classification) — coef. 1||250,00|
|21002||ATTORNEY'S FEE for drafting Section “Intended Use and Field” — coef. 1||500,00|
|21003||ATTORNEY'S FEE for drafting Section “List of Reproductions, Drawings and Diagrams” — coef. 1 (per each to 10 references)||500,00|
|21004||ATTORNEY'S FEE for drafting Section “Nature and Essential Features” — coef. 1||2000,00|
|21005||ATTORNEY'S FEE for drafting Section “Nature and Essential Features” as regards 1 additional variant — coef. 1||750,00|
|21006||ATTORNEY'S FEE for drafting the description of each figure of the drawing (per one figure) — coef. 1 (per each set of 10 references)||750,00|
|21007||ATTORNEY'S FEE for preparing one reproduction of the product for an industrial design application — coef. 1||1000,00|
|21008||ATTORNEY'S FEE for additional processing of one reproduction of the product provided by the customer in electronic form — coef. 1||300,00|
|21009||ATTORNEY'S FEE for preparing one reproduction (figure) of the diagram, drawing, map in electronic form — coef. 1||500,00|
|21010||ATTORNEY'S FEE for additional processing of one reproduction (figure) of the diagram, drawing, map provided by the Customer in electronic form — coef. 1||300,00|
Step 5. Filing and Prosecution of an Industrial Design Application
We file application materials within 2 days after they are approved by the customer.
Non-accelerated examination takes up to 8 months.
Where accelerated examination is ordered, it takes up to 20 working days.
|21101||ATTORNEY'S FEE for filing the drafted design patent application to the Patent Office — coef. 1||1500,00|
|21102||ATTORNEY'S FEE for additional printing of color reproductions of an industrial design - 1 sheet||40,00|
|21121||Design patent application filing fee (where the applicant is the creator) (OFFICIAL FEE)  - 1 variant||320* / 1600**|
|21122||Design patent application filing fee (where the applicant is the creator) (OFFICIAL FEE)  - additionally for each variant from the 2nd to the 10th inclusive||40* / 200**|
|21123||Design patent application filing fee (where the applicant is the creator) (OFFICIAL FEE)  - additionally for each variant above the 10th||140* / 700**|
|21201||ATTORNEY'S FEE for Design patent prosecution (tracking deadlines, receiving documents, reporting an office action) — coef. 1||1250,00|
* if the applicant (owner) is the author
** if the applicant (owner) is NOT the author
Step 6. Obtaining a certificate for an industrial design
The publication fee is to be paid within 3 months following the positive Examiner's decision.
The Industrial Design certificate is granted within 2 months following the publication (registration).
|22801||ATTORNEY’S FEE for paying the publication fee and grant fee, obtaining and forwarding the design patent to the Customer - for residents of Ukraine||1250,00|
|22802||ATTORNEY’S FEE for paying the publication fee and grant fee, obtaining and forwarding the design patent to the Customer - for non-residents of Ukraine||2500,00|
|22821||Publication fee, black and white (where the applicant is the author) (OFFICIAL FEE)  — per 1 reproduction of the industrial design||60* / 300**|
|22822||Publication fee, color (where the applicant is the author) (OFFICIAL FEE)  - per 1 reproduction of the industrial design||100* / 500**|
|22823||Design patent grant fee (OFFICIAL FEE) - for residents of Ukraine||17,00|
|22824||Design patent grant fee (OFFICIAL FEE) - for non-residents of Ukraine — the equivalent of USD 100||100 EUR|
* if the applicant (owner) is the author
** if the applicant (owner) is NOT the author
We provide consultations on matters related to the protection of Industrial Designs 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 Industrial Designs;
- Standard written materials on stages and costs of Industrial Design registration.
In most cases, free consultations and basic written materials are enough to decide and start working with us.