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Drafting a patent (utility model) application
The text and graphic materials of a Patent / Utility Model application include:
- Claims
- Description
- Graphic images (drawings, diagrams, diagrams), if there is a reference to them in the description
- Abstract
Description Fees, EUR
10601 ATTORNEY'S FEE for drafting an independent claim — coef. 1 200,00
10602 ATTORNEY'S FEE for drafting a dependent claim — coef. 1 100,00
10603 ATTORNEY'S FEE for classifying the invention under the current IPC version — coef. 1 20,00
10604 ATTORNEY'S FEE for drafting Section “Statement of the Technical Field” — coef. 1 40,00
10605 ATTORNEY'S FEE for drafting Section “Background information and prior art” (per one analogue or problem faced by inventors) — coef. 1 140,00
10606 ATTORNEY'S FEE for drafting the statement of the technical problem or the technical result addressed by the invention — coef. 1 40,00
10607 ATTORNEY'S FEE for drafting Section “Summary of the Invention” — coef. 1 (per one subject matter) 200,00
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) 25,00
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) 200,00
10610 ATTORNEY'S FEE for drafting the descrioption of the product for Section “Detailed Description of the Embodiments” — coef. 1 (per one subject matter) 170,00
10611 ATTORNEY'S FEE for drafting the descrioption of the process for Section "Detailed Description of the Embodiments" — coef. 1 (per one subject matter) 170,00
10612 ATTORNEY'S FEE for drafting the Abstract — coef. 1 25,00
10613 ATTORNEY'S FEE for preparing a drawing (figure) in electronic form — coef. 1 15,00
10614 ATTORNEY'S FEE for additional processing of a drawing (figure) provided by the customer in electronic form — coef. 1 10,00
10615 ATTORNEY'S FEE for compiling a patent (utility model) application on the basis of the prepared description, claims, abstract, and drawings — coef. 1 90,00
Patent (Utility Model) Claims is the most important element of the application. It is in it that the scope of legal protection is determined. It must be correctly formulated, meet the criteria of novelty and inventive step (for an invention) or only the criterion of novelty (for a utility model), industrial suitability. The formula must be written in such a way as to achieve the purpose of patenting, to ensure the necessary level of legal protection, to make it impossible to circumvent the patent and to ensure the possibility of charging the infringer in case of infringement of rights.
The Text of the Description includes the justification of the materiality of the features, the justification of the achievement of a single technical result and the possibility of implementation. A properly drafted justification text provides the following advantages:
- the probability of requests from an expert of the Patent Office decreases;
- the probability of the expert contrasting other technical solutions by novelty or inventive level decreases;
- the probability of refusal due to the lack of possibility of implementation decreases;
- free interpretation of the text of the formula by court experts is prevented.
Attorneys of DESTRA Patent Law Firm compose the text of the description in such a way that it meets not only the formal requirements of the rules, but is also aimed at preventing the occurrence of the above-mentioned problems, and also takes into account our understanding of the specific object and the practice of decision-making by experts of the Patent Office and court experts.
An Abstract is an abbreviated summary of the content of the description of the invention (utility model), which includes the name of the invention (utility model), a description of the field of technology to which the invention (utility model) belongs, and/or the field of its (its) application , if it is not clear from the name, a description of the essence of the invention (useful model) with an indication of the technical result to be achieved.
Graphic Images (drawings, schemes, diagrams) are made in strict accordance with the rules.
It should be borne in mind that according to the requirements of the law, the invention must be disclosed in the application in such a way that an average specialist in the given field could, after familiarizing himself with the materials of the application, implement the described invention.
A patent attorney knows how, on the one hand, to fulfill the formal requirements of the rules of filing a patent application and to describe the possibility of implementation as fully as possible, and on the other hand, to hide (blur) the best implementation option or know-how in order to prevent the possibility of copying by competitors or infringement losses by the Customer as a result of full disclosure of information.
Knowing the nuances of the legislation, an experienced Patent Attorney forms the application materials in compliance with the best interests of the Customer (Inventor) — that is, disclosing only the necessary amount of information and not disclosing know-how.
Filing a patent (utility model) application
The set of application documents submitted to the National Intellectual Property Authority includes:
- Text and graphic materials of the application mentioned above - formula, description, abstract, graphic images
- Application for the issuance of a patent of Ukraine for an invention (certificate for a utility model) on a special form
- Power of attorney certifying the authority of the representative (patent attorney)
Description Fees, EUR
10701 ATTORNEY'S FEE for filing the drafted patent (utility model) application to the Patent Office — coef. 1 350
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 4* / 36** / 11*** / 55****
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 0.5* / 4** / 1*** / 5****
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 2* / 18** / 5*** / 27****
* for an PATENT application — if the applicant (owner) is the inventor
** for an PATENT 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
The application for the issuance of a patent of Ukraine for an invention (utility model) is drawn up on a special form. All columns must be filled in according to the Rules for drawing up and submitting an application.
The power of attorney certifying the authority of the representative (patent attorney) must contain the details provided for in the Rules for drawing up and submitting an application. Notarization of power of attorney is not required.
The application can be submitted in paper or electronic form.
Applications submitted in electronic form are processed electronically.
Formal examination
During this stage, the specialist of the national intellectual property body checks the compliance of the application materials with the formal requirements of the rules — the completeness of the documents, the presence of the object of the invention (utility model) and compliance with the requirement of the unity of the invention (utility model).
Formal examination without acceleration is usually carried out by Ukrpatent within 8 months for a utility model and up to 17 months for of the invention.
Description Fees, EUR
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. 1 100
Substantive examination
Description Fees, EUR
11001 ATTORNEY'S FEE for filing a request for substantive examination — coef. 1 50
11002 ATTORNEY'S FEE for patent prosecution during substantive examination (tracking deadlines, receiving documents, reporting an office action) — coef. 1 200
11003 ATTORNEY'S FEE for filing a request for early publication of the patent application before 18 months from the filing date — coef. 1 50
11021 OFFICIAL FEE for substantive examination of the patent application, one independent item [11600] - where the applicant (owner) is the inventor 14* / 136**
11022 OFFICIAL FEE for each additional independent claim over one [11600] - 1 claim — where the applicant (owner) is the inventor 14* / 136**
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 0.5* / 5**
* for an PATENT application — if the applicant (owner) is the inventor
** for an PATENT application — if the applicant (owner) is NOT the inventor
Patent publication and grant
Description Вартість, грн.
14001 ATTORNEY’S FEE for paying the publication fee and grant fee, obtaining and forwarding the patent to the Customer 130
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****
14024 Patent grant fee (OFFICIAL FEE) — for non-residents of Ukraine — the equivalent of USD 100 100
* for an PATENT application — if the applicant (owner) is the inventor
** for an PATENT 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.
- the probability of requests from an expert of the Patent Office decreases;
- the probability of the expert contrasting other technical solutions by novelty or inventive level decreases;
- the probability of refusal due to the lack of possibility of implementation decreases;
- free interpretation of the text of the formula by court experts is prevented.
- Text and graphic materials of the application mentioned above - formula, description, abstract, graphic images
- Application for the issuance of a patent of Ukraine for an invention (certificate for a utility model) on a special form
- Power of attorney certifying the authority of the representative (patent attorney)
- The first 15 minutes of an oral consultation on patents and utility models;
- Standard written materials on stages and costs of patenting.
| Description | Fees, EUR | |
| 10601 | ATTORNEY'S FEE for drafting an independent claim — coef. 1 | 200,00 |
| 10602 | ATTORNEY'S FEE for drafting a dependent claim — coef. 1 | 100,00 |
| 10603 | ATTORNEY'S FEE for classifying the invention under the current IPC version — coef. 1 | 20,00 |
| 10604 | ATTORNEY'S FEE for drafting Section “Statement of the Technical Field” — coef. 1 | 40,00 |
| 10605 | ATTORNEY'S FEE for drafting Section “Background information and prior art” (per one analogue or problem faced by inventors) — coef. 1 | 140,00 |
| 10606 | ATTORNEY'S FEE for drafting the statement of the technical problem or the technical result addressed by the invention — coef. 1 | 40,00 |
| 10607 | ATTORNEY'S FEE for drafting Section “Summary of the Invention” — coef. 1 (per one subject matter) | 200,00 |
| 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) | 25,00 |
| 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) | 200,00 |
| 10610 | ATTORNEY'S FEE for drafting the descrioption of the product for Section “Detailed Description of the Embodiments” — coef. 1 (per one subject matter) | 170,00 |
| 10611 | ATTORNEY'S FEE for drafting the descrioption of the process for Section "Detailed Description of the Embodiments" — coef. 1 (per one subject matter) | 170,00 |
| 10612 | ATTORNEY'S FEE for drafting the Abstract — coef. 1 | 25,00 |
| 10613 | ATTORNEY'S FEE for preparing a drawing (figure) in electronic form — coef. 1 | 15,00 |
| 10614 | ATTORNEY'S FEE for additional processing of a drawing (figure) provided by the customer in electronic form — coef. 1 | 10,00 |
| 10615 | ATTORNEY'S FEE for compiling a patent (utility model) application on the basis of the prepared description, claims, abstract, and drawings — coef. 1 | 90,00 |
Patent (Utility Model) Claims is the most important element of the application. It is in it that the scope of legal protection is determined. It must be correctly formulated, meet the criteria of novelty and inventive step (for an invention) or only the criterion of novelty (for a utility model), industrial suitability. The formula must be written in such a way as to achieve the purpose of patenting, to ensure the necessary level of legal protection, to make it impossible to circumvent the patent and to ensure the possibility of charging the infringer in case of infringement of rights.
The Text of the Description includes the justification of the materiality of the features, the justification of the achievement of a single technical result and the possibility of implementation. A properly drafted justification text provides the following advantages:
Attorneys of DESTRA Patent Law Firm compose the text of the description in such a way that it meets not only the formal requirements of the rules, but is also aimed at preventing the occurrence of the above-mentioned problems, and also takes into account our understanding of the specific object and the practice of decision-making by experts of the Patent Office and court experts.
An Abstract is an abbreviated summary of the content of the description of the invention (utility model), which includes the name of the invention (utility model), a description of the field of technology to which the invention (utility model) belongs, and/or the field of its (its) application , if it is not clear from the name, a description of the essence of the invention (useful model) with an indication of the technical result to be achieved.
Graphic Images (drawings, schemes, diagrams) are made in strict accordance with the rules.
It should be borne in mind that according to the requirements of the law, the invention must be disclosed in the application in such a way that an average specialist in the given field could, after familiarizing himself with the materials of the application, implement the described invention.
A patent attorney knows how, on the one hand, to fulfill the formal requirements of the rules of filing a patent application and to describe the possibility of implementation as fully as possible, and on the other hand, to hide (blur) the best implementation option or know-how in order to prevent the possibility of copying by competitors or infringement losses by the Customer as a result of full disclosure of information.
Knowing the nuances of the legislation, an experienced Patent Attorney forms the application materials in compliance with the best interests of the Customer (Inventor) — that is, disclosing only the necessary amount of information and not disclosing know-how.
Filing a patent (utility model) application
The set of application documents submitted to the National Intellectual Property Authority includes:
| Description | Fees, EUR | |
| 10701 | ATTORNEY'S FEE for filing the drafted patent (utility model) application to the Patent Office — coef. 1 | 350 |
| 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 | 4* / 36** / 11*** / 55**** |
| 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 | 0.5* / 4** / 1*** / 5**** |
| 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 | 2* / 18** / 5*** / 27**** |
* for an PATENT application — if the applicant (owner) is the inventor
** for an PATENT 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
The application for the issuance of a patent of Ukraine for an invention (utility model) is drawn up on a special form. All columns must be filled in according to the Rules for drawing up and submitting an application.
The power of attorney certifying the authority of the representative (patent attorney) must contain the details provided for in the Rules for drawing up and submitting an application. Notarization of power of attorney is not required.
The application can be submitted in paper or electronic form.
Applications submitted in electronic form are processed electronically.
Formal examination
During this stage, the specialist of the national intellectual property body checks the compliance of the application materials with the formal requirements of the rules — the completeness of the documents, the presence of the object of the invention (utility model) and compliance with the requirement of the unity of the invention (utility model).
Formal examination without acceleration is usually carried out by Ukrpatent within 8 months for a utility model and up to 17 months for of the invention.
| Description | Fees, EUR | |
| 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 | 100 |
Substantive examination
| Description | Fees, EUR | |
| 11001 | ATTORNEY'S FEE for filing a request for substantive examination — coef. 1 | 50 |
| 11002 | ATTORNEY'S FEE for patent prosecution during substantive examination (tracking deadlines, receiving documents, reporting an office action) — coef. 1 | 200 |
| 11003 | ATTORNEY'S FEE for filing a request for early publication of the patent application before 18 months from the filing date — coef. 1 | 50 |
| 11021 | OFFICIAL FEE for substantive examination of the patent application, one independent item [11600] - where the applicant (owner) is the inventor | 14* / 136** |
| 11022 | OFFICIAL FEE for each additional independent claim over one [11600] - 1 claim — where the applicant (owner) is the inventor | 14* / 136** |
| 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 | 0.5* / 5** |
* for an PATENT application — if the applicant (owner) is the inventor
** for an PATENT application — if the applicant (owner) is NOT the inventor
Patent publication and grant
| Description | Вартість, грн. | |
| 14001 | ATTORNEY’S FEE for paying the publication fee and grant fee, obtaining and forwarding the patent to the Customer | 130 |
| 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**** |
| 14024 | Patent grant fee (OFFICIAL FEE) — for non-residents of Ukraine — the equivalent of USD 100 | 100 |
* for an PATENT application — if the applicant (owner) is the inventor
** for an PATENT 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:
In most cases, free consultations and basic written materials are enough to decide and start working with us.