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1. General information about the administrative procedure for revoking patents and certificates
In Ukraine, in addition to the usual judicial procedure, there is an administrative procedure for revoking the protection of registered inventions, utility models and industrial designs - based on the decision of the Appeals Chamber of the National Intellectual Property Authority (hereinafter - NOIP).
The advantages of applying the administrative procedure for revoking the protection of inventions, utility models and industrial designs:
- The possibility of initiating the procedure by any person, not only the one whose rights or legitimate interests are violated;
- Avoiding the application of the statute of limitations;
- Simplified procedure for consideration of the case;
- Significantly shorter terms of consideration of the case;
- Much less money costs.
The procedure for revoking the protection of inventions, utility models and industrial designs in an administrative procedure:
Initiation of procedure and grounds:
The initiation of this procedure is carried out by submitting a substantiated appeal to the NOIP Appeals Chamber (hereinafter - the Appeals Chamber) to declare the rights to an invention, a utility model, or an industrial design invalid in whole or in part.
An appeal statement regarding the invention can be submitted only within nine months from the date of publication of information on the state registration of the invention.
An appeal statement regarding a utility model or industrial design may be filed during the entire period of validity of property rights to a utility model or industrial design, as well as after the termination of the validity of these rights.
The basis for filing an appeal is the non-compliance of the invention or utility model with the conditions of patentability or the non-compliance of the industrial design with the conditions of granting legal protection.
Note: An invention is patentable if it is new, inventive and industrially applicable. A utility model meets the conditions of patentability if it is new and industrially applicable. An industrial design meets the conditions for granting legal protection, if it does not contradict public order and generally recognized principles of morality, belongs to the objects of industrial design defined by law and meets the criteria for protection, that is, it is new and has an individual character.
The appeal statement is considered filed in case of payment and receipt of the official fee for its submission to the account of NOIP.
Consideration of the application and deadlines:
In the Appeals Chamber, the parties to the proceedings on the recognition of the rights to an invention, utility model, or industrial design are the person who filed the appeal and the owner of the corresponding patent or certificate. The parties have equal rights to provide evidence, examine it and prove its persuasiveness before the Appeals Chamber. Each party must prove the circumstances on which it refers as the basis of its claims or objections.
Appeals are considered in accordance with the regulations of the Appeals Chamber. An appeal application regarding an invention or a utility model is considered within four months from the date of submission of this application, and regarding an industrial design - within three months.
Procedural terms can be extended, stopped or postponed on the grounds determined by the regulations of the Appeals Chamber. When the time limits for the performance of certain actions are established by the panel of the Appeals Chamber, the determination of reasonable time periods, i.e. time sufficient, taking into account the circumstances, to perform the relevant action is assumed.
Based on the results of the review of the appeal application, the Appeals Chamber makes a reasoned decision, which is approved by the order of the IPPC. Such decisions shall enter into force from the date of approval by order of the IPPO and shall be published in full on the official website of the IPPO. In the event that the rights to an invention, utility model, or industrial design are recognized as invalid, this shall be notified in the official electronic bulletin of the IPIP.
The rights to an invention, or a utility model, or an industrial design, which are recognized as invalid by the Appeals Chamber, are considered as having not entered into force from the day following the day of state registration of such invention, or utility model, or industrial design.
The parties may appeal the decision of the Appeals Chamber approved by the NOIP in court within two months from the date of its receipt.
Notes:
- An industrial design that is recognized as not meeting the conditions for granting legal protection cannot be re-registered.
- Recognizing the rights to an invention or a utility model as invalid is partially carried out by excluding independent clauses of the formula or by excluding one or more independent clauses of the formula and dependent clauses subordinate to such independent clauses, or by making changes to the independent (independent) clause (clauses), provided that such an exclusion and (or) the change leads to a reduction in the amount of legal protection provided by state registration. Amendments to an independent formula clause can be made by changing the features present in such formula clause or adding features to it. At the same time, only signs present in the dependent clauses of the formula subordinated to such an independent clause can be entered.)
Administrative action
2. Services regarding cancellation of patents and certificates in an administrative procedure
Description | Cost, UAH | |
SERVICE regarding the development and submission of a substantiated appeal statement to the NOIP Appeals Chamber on the recognition of invalidity in whole or in part of the rights to an invention, or to a utility model, or to an industrial design based on the available evidence - coef. 1 | 14000.00 | |
Official fee for submitting an application for invalidation of invention rights (utility model) to the Appeals Chamber | 32000.00 | |
Official fee for submitting an application for invalidation of industrial design rights to the Appeals Chamber | 32000.00 | |
SERVICE regarding the submission of a petition to the Appeals Chamber for the extension of the term of consideration of the appeal application - coef. 1 | 1250.00 | |
Official fee for submitting an application to extend the term of consideration of an application to recognize the rights to an invention (utility model) as invalid | 800.00 | |
SERVICE regarding the representation of the applicant in the consideration of the appeal application by the Appeals Chamber in one meeting of up to two hours - coef. 1 | 3000.00 | |
SERVICE regarding the representation of the applicant in the consideration of the appeal application by the Appeals Chamber in one session for one hour over two - coef. 1 | 1250.00 |
Free consultations on the cancellation of patents and certificates in an administrative procedure
We provide consultations on procedures for the protection of intellectual property rights in Ukraine and abroad, as well as written materials.
The following are provided free of charge:
- The first 15 minutes of an oral consultation regarding procedures for the protection of intellectual property rights;
- Standard written materials regarding procedures for the protection of intellectual property rights.
In most cases, free consultations and basic written materials are enough to make a decision to start working with us.