Industrial designs (Ukraine)

An industrial design (design patent) is the result of creative actions of a man in the area of design development and styling. The objects of protection may be a shape, an image, the colour score or their combination which determine the appearance of the product and are used to meet aesthetic and ergonomic needs of people. Industrial design registration is necessary to obtain the state-guaranteed privileges to use an industrial design including the enforcement of the right to prohibit the use of such intellectual property asset by third parties. Both individuals and/or legal entities may be the holders of the property rights for an industrial design. Property rights for an industrial design may simultaneously belong to several legal entities and/or individuals. However, an author or the authors have a nonproperty right of author for an industrial design, which is an inalienable right and is subject to permanent protection. An image (images) of claimed product is indicated in the first place in a title of protection, which is a design patent or a certificate of industrial design registration, because it is the appearance that determines the scope of rights protected by a title for the indicated intellectual property asset. When submitting an application, some countries ask for the description of the protected design, which usually is not published. The territory covered by the protection of the registered design is always indicated in the title of protection. It may include one or several countries. The validity of registration of the design patent is 10-20 years depending on the country (if relevant state fees are paid periodically). It is important to remember the following: it is better to invest in protection of your original design before the start of sale of goods and services than to spend significantly more money in future to protect your products from unscrupulous competitors and intellectual property dealers. In Ukraine, the design patents are issued under responsibility of an applicant (i.e. registration system). This means that the expert institution (SE "UKRPATENT") shall formally examine if the application documents meet the requirement of the current legislation, namely: it determines the date when the application was submitted, verifies if the claimed subject matter belongs to industrial designs, checks if the claimed design corresponds to the principles of morality, etc.) In this case, the feature of novelty is not considered to be violated if an applicant has introduced its product six months before submitting an application for registration. The list of documents required for the submission of an application includes the description of an industrial design, which is usually prepared by a patent attorney. The maximum validity of a design patent is 25 years. Design patent maintenance fee must be paid every year.