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A PATENT OR UTILITY MODEL IS REGISTERED: |
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To benefit from market exclusivity over the technical solution |
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To obtain reliable protection against imitation and unfair competition |
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For effective advertising |
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For securing additional income from licensing |
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For securing financing for your business plan |
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For effective customs control and protection against export/import of counterfeit goods |
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PATENTS FOR INVENTIONS AND UTILITY MODELS
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Patents for Inventions and utility models are the result of human creativity in any field of technology.
A patent for invention protects products (e.g. devices, machines, substances, microorganism strains, cell cultures), processes (methods), as well as applications of known technical solutions for a new purpose.
The criteria for patentability for patents for inventions: novelty, inventive step, and industrial applicability of the claimed technical solution.
- Novelty - the invention has not been shown anywhere in the world before the application date
- Inventive step - the invention builds upon the current level of technology in the field
- Industrial applicability - the invention must be possible, and it must be able to be reproduced
A utility model protects, in most countries only products (some countries like Ukraine also allow utility model registration for methods)
Criteria of patentability for utility models
- novelty
- industrial applicability
- in some countries, also inventive step
Patenting/utility model registration is necessary to obtain the state-guaranteed privileges of exclusive use of the protected invention, and to prohibit other persons from using it without consent.
Both individuals and/or legal entities may be the holders of the property rights for patents and utility models. Property rights for patents and utility models may simultaneously belong to several legal entities and/or individuals.
The title of protection is usually a patent. When registering a utility model, in some countries, а registration certificate is is issued.
The territory of protection depends on where the patent/utility model application was filed.
- National patents are valid only for their respective countries
- By applying for a European patent, an applicant can secure a patent in up to 45 countries with one application
- The European unitary patent allows for unitary protection in 17 EU member states, including Bulgaria
- The Patent Cooperation Treaty (PCT) offers additional options for securing patent protection internationally
The validity term of patents is 20-25 years, and for Utility models it is 10-15 years depending on the country. Periodical renewal fees must be paid in order to maintain the rights.
Before launching a new product in a particular territory, it is very important to make sure that you will not be infringing the existing rights of another party, as committing patent infringement can be extremely damaging to your business. A patent holder could stop you from making and selling your product in the relevant territory - this could turn the investment into the product into a writeoff and seriously disrupt your business plan. In addition, you might be liable for significant damages and may also have to incur significant legal expenses.
A Freedom to Operate (FTO) search is the best way to identify any potential issues in advance and minimise the risk of committing patent infringement. While it may not be possible to have a 100% guarantee of FTO, the more thorough the search, the more information and therefore certainty, you will have for your product. This applies equally for products which have not been patented, as well as for patented inventions - having your own patent does not remove the ability of other parties to sue you for infringement.
Dr. Emil Benatov & Partners offers FTO searches and risk analysis for the territories of Europe and United States. Our team will help you obtain some certainty for your business decisions and give you the ability to more confidently proceed with your investments. We will examine your business circumstances and offer you the particular service most suited to your needs.
Important to remember: Patenting an invention/utility model before its launch on the market is of paramount importance. Otherwise, the invention loses its novelty and this means that in many territories, patenting becomes impossible. Accordingly, it is important to consult a patent specialist early in the development stage of the invention, in order to ensure the appropriate protection of your IP rights. Patent protection will give your security against bad faith competitors and imitators, whose activities can not otherwise be stopped without patent rights.
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STAGES OF IMPLEMENTATION |
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from 15 days depending on complexity |
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Preliminary search (optional) |
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from 30 days depending on complexity |
| Preparation and submission of application documents | |
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18 months |
| Invention examination | |
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6 months |
| Utility model examination | |
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1 month |
| Accelerated utility model examination | |
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3 months |
| Accelerated substantive examination | |
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0,5-1,5 months |
| Publication and grant of a patent | |
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up to 2 months |
| Renewal of patent |
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NECESSARY DOCUMENTS
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Full name and address of the applicant individual or company |
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Full name and address of the inventor |
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Title of the invention / utility model |
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Optional preliminary patent search report (usually carried out by the pattent attorney) |
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Description of the invention / utility model (prepared with the Patent Attorney) |
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Priority document (if needed) |
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Power of Attorney |
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Payment of official and patent attorney fees |
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AS A RESULT, YOU
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Patent |
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Publication of the description, formulas and drawings (only in electronic form) |
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Extract from the official register for the extension of the patent term. |
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UKRAINE |
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PATENTS FOR INVENTIONS AND UTILITY MODELS
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Invention patents in Ukraine are registered after substantive examination (examining system). This means that the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO) shall formally and substantively examine the application for compliance with the formal and absolute criteria of patentability.
Patents for utility models are granted at the applicant’s responsibility (registration system) after formal examination only. Not only the products, but also methods can be protected with a utility model.
Novelty is not considered violated if the applicant has disclosed his technical solution not earlier than 12 months prior to filing the application.
The necessary documents required for filing an application include the description and claims of invention, which are usually prepared by a patent attorney.
The maximum validity term of the invention patent is 25 years, and for the utility model - 10 years. Invention/utility model patent maintenance fees are paid annually.
Our office in Kyiv files applications to UANIPIO directly and controls all stages of prosecution under the Ukrainian procedure.
Ukrainian patent certificate
Extract from the ukrainian patent register
Ukrainian patent renew confirmation
Ukrainian utility model certificate
Extract from the ukrainian utility model register
Ukrainian utility model renew confirmation
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STAGES OF IMPLEMENTATION |
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from 15 days depending on complexity |
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Preliminary search (optional) |
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from 30 days depending on complexity |
| Preparation and submission of application documents | |
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3-4 years |
| Invention examination | |
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3 months |
| Utility model examination | |
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0,5-1,5 months |
| Publication and grant of a patent | |
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up to 2 months |
| Renewal of patent |
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NECESSARY DOCUMENTS
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Full name and address of the applicant individual or company |
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Full name and address of the inventor |
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Title of the invention / utility model |
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Optional preliminary patent search report (usually carried out by the pattent attorney) |
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Description of the invention / utility model (prepared with the Patent Attorney) |
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Priority document (if needed) |
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Power of Attorney |
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Payment of official and patent attorney fees |
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AS A RESULT, YOU
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Patent or Utility model registration certificate |
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Publication of the description, formulas and drawings (only in electronic form) |
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Extract from the official register for the extension of the patent term. |
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BULGARIA |
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PATENTS FOR INVENTIONS AND UTILITY MODELS
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In Bulgaria, Patents for inventions are granted after substantive examination (examination system). This means that Bulgarian Patent Office (BPO) examines the application for compliance with the formal and absolute grounds of patentability. There is a requirement for absolute novelty - the invention must not have been disclosed publicly anywhere in the world before its priority date.
Utility models are granted at the responsibility of the applicant (registration system) on the basis of a formal examination only. Only products can be protected with utility models. Novelty is not considered violated if the applicant has disclosed his technical solution not earlier than 12 months prior to submitting his application.
The documents required for filing an application include the description and claims of an invention/utility model, which are usually prepared by a patent attorney.
The maximum validity term of an invention patent is 20 years, while for the utility model it is 10 years. Invention patent maintenance fees must be paid annually. Utility model maintenance fees must be paid twice – at the end of 4th and 7th years of maintenance.
Our office in Sofia files applications to the BPO directly and controls all stages of prosecution under the Bulgarian procedure.
Bulgarian patent
First page of Bulgarian patent publication
Certificate of registration of Bulgarian utility model
First page of Bulgarian utility model publication
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STAGES OF IMPLEMENTATION |
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from 15 days depending on complexity |
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Preliminary search (optional) |
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from 30 days depending on complexity |
| Preparation and submission of application documents | |
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6 months |
| Patent search (by EPO) | |
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1-3 years |
| Examination | |
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4-5 months |
| Publication and grant of a patent | |
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1-2 months |
| European patent validation (depending on the country) | |
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up to 2 months |
| Renewal of patent |
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NECESSARY DOCUMENTS
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Full name and address of the applicant individual or company |
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Full name and address of the inventor |
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Title of the invention |
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Optional preliminary patent search report (usually carried out by the pattent attorney) |
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Description of the invention (prepared with the Patent Attorney) |
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Priority document (if needed) |
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Power of Attorney |
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Payment of official and patent attorney fees |
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List of countries where the European Patent should be validated (after the patent is issued) |
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AS A RESULT, YOU
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Patent |
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Publication of the description, formulas and drawings (only in electronic form) |
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Certificate on the validation of European patent in the EPC contracting party |
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Certificate of the patent maintenance in the EPC contracting party |
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UROPEAN PATENT |
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PATENTS FOR INVENTIONS AND UTILITY MODELS
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The European Patent Office (EPO), headquartered in Munich (Germany) and The Hague (Netherlands), grants only patents for inventions. Patents are granted on the basis of substantive examination (examination system). This means that the EPO examines the application for compliance with the formal and absolute criteria of patentability. There is a requirement for absolute novelty - the invention must not have been disclosed publicly anywhere in the world before its priority date.
A patent can be obtained directly by filing an application to EPO or by transferring a PCT application to the regional phase.
The documents required for filing an application include the description and claims of the invention, which are usually prepared by a patent attorney.
The maximum validity term of a patent is 20 years. Patent maintenance fees are paid annually in each of the countries in which it is valid.
A European patent, under certain provisions, is valid on the territory of up to 45 countries - 39 contracting parties of the European Patent Convention (EPC) and in some other countries with which EPO has bilateral agreements, and grants the same rights as national patents.
Since 2023, it is also possible to secure a European Unitary Patent - a single patent that is valid in 17 EU member states at the same time, without needing to validate the patent in each individual country.
Our office in Sofia files applications to the European Patent Office directly and controls all stages of prosecution under European procedure.
European patent certificate
European unitary patent certificate
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STAGES OF IMPLEMENTATION |
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from 15 days depending on complexity |
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Preliminary search (optional) |
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from 30 days depending on complexity |
| Preparation and filing of the application | |
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2 years |
| Application examination and certificate delivery (if there are no objections from the third parties) | |
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4 months |
| Certificate delivery | |
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up to 2 months |
| Trademark extension |
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NECESSARY DOCUMENTS
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Full name and address of the applicant individual or company |
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Full name and address of the inventor |
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Title of the invention |
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Optional preliminary patent search report (usually carried out by the pattent attorney) |
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Description of the invention (prepared with the Patent Attorney) |
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Priority document (if needed) |
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Power of Attorney |
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Payment of official and patent attorney fees |
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AS A RESULT, YOU
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Patent |
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Publication of the description, formulas and drawings (only in electronic form) |
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Certificate of patent term renewal (only in electronic form) |
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EURASIAN PATENT ORGANIZATION |
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PATENTS FOR INVENTIONS AND UTILITY MODELS
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The Eurasian Patent Organization (EAPO), headquartered in Moscow (RU), issues only patents for inventions. Patents are granted on the basis of substantive examination (examination system). This means that EAPO examines the application for compliance with the formal and absolute grounds of patentability.
A patent can be obtained directly by filing an application to EAPO or by transferring the PCT application to the regional phase. Novelty is not considered violated if the applicant has disclosed his technical solution not earlier than 6 months prior to submitting his application.
The package of documents required for filing an application includes the description and claims of invention, which are usually formed by a patent attorney.
The maximum validity term of a patent is 25 years. Maintenance fees are paid annually in each of the countries where the patent is valid.
The Eurasian patent is valid on the territory of the contracting parties of the Eurasian Patent Convention (EPC): Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russian Federation, Tajikistan, Turkmenistan and has the same status as national patents. More information about the procedure for obtaining Eurasian patent can be found here.
Our Bureau directly submits applications to the EAPO and controls all stages of obtaining Eurasian patents.
Eurasian patent certificate
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STAGES OF IMPLEMENTATION |
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from 15 days depending on complexity |
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Preliminary search (optional) |
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from 30 days depending on complexity |
| Preparation and filing of the application | |
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6-12 months from priority date |
| Patent search (by the ISA) | |
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18 months from priority date |
| PCT Application Publication | |
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29-31 months from priority date |
| Entrance to national stages |
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NECESSARY DOCUMENTS
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Full name and address of the applicant individual or company |
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Full name and address of the inventor |
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Title of the invention / utility model |
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Optional preliminary patent search report (usually carried out by the pattent attorney) |
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Description of the invention / utility model (prepared with the Patent Attorney) |
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Priority document (if needed) |
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Power of Attorney |
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Payment of official and patent attorney fees |
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AS A RESULT, YOU
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International publication of the PCT application (only in electronic form) |
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International Search Report and Written Opinion (only in electronic form) |
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PATENT COOPERATION TREATY (PCT) |
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PATENTS FOR INVENTIONS AND UTILITY MODELS
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The International Bureau of the World Intellectual Property Organization (WIPO) according to the Patent Cooperation Treaty (PCT), which includes more than 150 countries across the world (as of September 2022) accepts international applications for registration of inventions / utility models.
By submitting a PCT application, the applicant has the opportunity to declare the priority of his invention / utility model in most countries of the world. The PCT application does not allow obtaining an international patent covering all PCT contracting parties, since, unfortunately, such a patent does not exist as of 2022.
The international application is filed with the receiving national patent office or directly with the International Bureau of WIPO (IB WIPO). When applying, a single international fee is paid, the amount depends, among other factors, on the applicants’ country of origin, the submission of application to the receiving office or the IB WIPO, the choice of an international search authority, etc.
The International Bureau sends the received application to International Searching Authority (ISA), which is pointed out by the applicant upon submission. The main ISA for European applicants are European Patent Office (EPO); Federal institute of industrial property (FIPS, Russian Federation) and SE «Institute of intellectual property «UKRPATENT» (Ukraine). The ISA carries out patent search and verification of the proposed technical solution for compliance with the patentability criteria of the invention, on which a corresponding exeaminer opinion is issued.
The International Bureau then carries out the international publication of the application and the ISA report, and also enables the applicant to make changes to the application. If changes are made in the application materials, the publication is re-published, and the international application can be transformed into national phases.
The national phases of the PCT application are not procedurally different from submitting applications directly to the relevant patent offices (in most offices, the application will undergo a formal and substantive examination again, and the ISA report will only be taken into account). However, international PCT phase allows the applicant to delay the main costs associated with obtaining national patents for 29-31 months from the filing date of the PCT application or from the date of its priority, while obtaining a conclusion of the patentability of the claimed technical solution via the ISA report. This helps applicants make the final decision on whether going through the national phases is worthwhile, and what financial (investment) strategy to use for patenting the invention.
A PCT application may be filed to the national Offices as an application for an invention or a utility model, depending on the national legislation of the relevant state.
Our Bureau submits applications to the IB WIPO directly and controls all stages of international phase. Thanks to an extensive partner network, our Bureau provides services for translating the PCT application into national phases in all PCT member states.
Certificate of registration of international patent
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STAGES OF IMPLEMENTATION |
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The timeline for patenting depends on the individual jurisdiction where protection is sought. |
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NECESSARY DOCUMENTS
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Full name and address of the applicant individual or company |
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Full name and address of the inventor |
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Title of the invention / utility model |
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Optional preliminary patent search report (usually carried out by the pattent attorney) |
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Description of the invention / utility model (prepared with the Patent Attorney) |
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Priority document (if needed) |
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Power of Attorney |
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Payment of official and patent attorney fees |
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AS A RESULT, YOU
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Depends on the individual jurisdiction |
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WORLD |
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PATENTS FOR INVENTIONS AND UTILITY MODELS
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Patent Bureau "Dr. Emil Benatov & Partners" maintains partner relations with leading patent companies of all countries. We can protect your inventions in even the most distant parts of the world.
With us, you will get quick and reliable service for patent protection worldwide!
