Protection of Rights to Industrial Designs

As a subject matter of an industrial design deemed may be:

  • a form;
  • an image or colouration, or a combination thereof defining an appearance of an article and destined to meet aesthetic and ergonomic demands.

A patent of industrial design shall be valid within ten years from the date of filing with the Patent Office and shall be renewable for a term of no more than five years.
An industrial design is patentable if it is new and is capable of industrial application.

An application shall be made out in the Ukrainian language and shall include:

  • request for the grant of a patent;
  • set of photographs of an industrial design;
  • description of an industrial design;
  • drawing, diagram, chart (if any).

After an application has undergone the formal examination, the Patent Office shall forward to an applicant a decision of grant of a patent. A patent is granted within one month after it has been registered in the State Register.
The rights derived from a patent enter in force from the date of publication of the mention of the grant of a patent in the Official Bulletin. A patent shall be granted to an applicant under his responsibility without the guarantee for the validity.

A patent of industrial design shall be annulled:

  • from the date of publication of the mention of the industrial design owner's declaration of complete or partial withdrawal of a patent;
  • from the first day of the year for which the annuity has not been paid, i. e. in case of non-payment of the annuity for maintaining a patent in force when due.

A patent of industrial design shall be declared completely or partially annulled in case when:

  • an industrial design patented does not comply with the conditions of patentability;
  • an industrial design includes, among its substantial features as a whole, those features which were not included in an application as originally filed.

A patent may be declared null by the court only

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