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Inventions and utility models

Patent for Invention/utility model is the result of human creativity in any field of technology.
Invention protects following objects: product (device, substance, microorganism strains, cell culture), process (method), application of a known technical solution for a new purpose.
Criteria of patentability for the invention: novelty, inventive step, and industrial applicability of the claimed technical solution. Inventive step criterion is met if a technical result achieved by adding new features to the previously known technical solution is not obvious for a specialist.
The object of protection under utility model patent in most countries with some exceptions can be a product only.
Criteria of patentability for the utility model: novelty and industrial applicability of the claimed technical solution. In some countries however, an inventive step is also checked.
Invention/utility model registration is necessary to obtain the state-guaranteed privileges to use, 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 invention/utility model. Property rights for invention/utility model may simultaneously belong to several legal entities and/or individuals.
The title of protection for registration of the invention is usually a patent. When registering a utility model in some countries, а certificate is granted.
The territory of protection depends on where the patent 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 multiple countries with one application. The Patent Cooperation Treaty (PCT) offers additional options for securing patent protection internationally.
Invention is valid during 20-25 years, while for utility model validity term is 10-15 years depending on the country (if relevant official fees are paid periodically).
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 as early as the developmnet stage of the invention, in order to ensure the 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.

An invention/utility model patent is registered:
To benefit from exclusive use of technical solution while introducing it to the market+D35
To obtain reliable protection against unfair competition
For effective advertising
To include the patent into the statutory fund as an intangible asset
To use your intangible asset as a pledge
For the customs purposes - to ensure effective protection against import of counterfeit goods



UKRAINE

In Ukraine, the invention patents are registered after substantive examination (examining system). This means that the expert institution (SE "UKRPATENT") shall formally and substantively examine the application for compliance with the formal and absolute criteria of patentability.
Patents for utility models are granted under provisions of the applicant’s responsibility (registration system) after formal examination. Not only the product, but also the method can become object of the utility model.
Novelty is not considered violated if the applicant has disclosed his technical solution not earlier than 12 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 the invention patent is 25 years, for the utility model - 10 years. Invention/utility model patent maintenance fees are paid annually.
The Bureau’s office in Kyiv files applications to the SE "UKRPATENT" directly and controls all stages of prosecution under Ukrainian procedure.


STAGES OF IMPLEMENTATION
Preliminary search (optional) – from 15 days depending on complexity
Preparation and submission of application documents – from 30 days depending on complexity
Invention examination – 18 months
Utility model examination – 6 months
Accelerated utility model examination  – 1 month
Accelerated substantive examination – 3 months
Publication and grant of a patent – 0,5-1,5 months
Renewal of patent – up to 2 months.

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant individual or company
Full name and address of the inventor
Title of the invention / utility model
Optional preliminary patent search report (usually carried out by the pattent attorney)
Description of the invention / utility model (prepared with the Patent Attorney)
Priority document (if needed)
Power of Attorney
Payment of official and patent attorney fees

AS A RESULT, YOU WILL RECEIVE
Patent
Publication of the description, formulas and drawings (only in electronic form)
Extract from the official register for the extension of the patent term.

THE SERVICE INCLUDES
Preliminary patent search
Advancement of examination
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Filing of customs enforcement applications.
Valuation of intangible assets
TM registration
Industrial design registration
Registration of domain name



BULGARIA

Patents for inventions are granted in Bulgaria on the basis of 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 under the responsibility of the applicant (registration system) on the basis of a formal examination. 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 package of documents required for filing an application includes 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.
The Bureau’s office in Sofia files applications to the BPO directly and controls all stages of prosecution under Bulgarian procedure.


STAGES OF IMPLEMENTATION
Preliminary search (optional) – from 15 days depending on complexity
Preparation and submission of application documents – from 30 days depending on complexity
Invention examination – 3-4 years
Utility model examination – 3 months
Publication and grant of a patent – 0,5-1,5 months
Renewal of patent – up to 2 months.

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant individual or company
Full name and address of the inventor
Title of the invention / utility model
Optional preliminary patent search report (usually carried out by the pattent attorney)
Description of the invention / utility model (prepared with the Patent Attorney)
Priority document (if needed)
Power of Attorney
Payment of official and patent attorney fees

AS A RESULT, YOU WILL RECEIVE
Patent (only in electronic form)
Publication of the description, formulas and drawings (only in electronic form)
Extract from the official register for the extension of the patent term. (Only in electronic form)

THE SERVICE INCLUDES
Preliminary patent search
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Filing of customs enforcement applications.
Valuation of intangible assets
TM registration
Industrial design registration
Registration of domain name



ЕРО

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 (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 package of documents required for filing an application includes the description and claims of 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 39 contracting parties of EPC and in some other countries with which EPO has bilateral agreements, and has the same status as national patents.
The Bureau’s office in Sofia files applications to the EPO directly and controls all stages of prosecution under European procedure.


STAGES OF IMPLEMENTATION
Preliminary search (optional) – from 15 days depending on complexity
Preparation and submission of application documents – from 30 days depending on complexity
Patent search (by EPO) – 6 months
Examination – 1-3 years
Publication and grant of a patent – 4-5 months
European patent validation (depending on the country) – 1-2 months
Renewal of patent – up to 2 months

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant individual or company
Full name and address of the inventor
Title of the invention
Optional preliminary patent search report (usually carried out by the pattent attorney)
Description of the invention (prepared with the Patent Attorney)
Priority document (if needed)
Power of Attorney
Payment of official and patent attorney fees
List of countries where the European Patent should be validated (after the patent is issued)

AS A RESULT, YOU WILL RECEIVE
Patent
Publication of the description, formulas and drawings (only in electronic form)
Certificate on the validation of European patent in the EPC contracting party
Certificate of the patent maintenance in the EPC contracting party

THE SERVICE INCLUDES
Preliminary patent search
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Advancement of examination
Filing of customs enforcement applications.
Valuation of intangible assets
TM registration
Industrial design registration
Registration of domain name



ЕAPO

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.


STAGES OF IMPLEMENTATION
Preliminary search (optional) – from 15 days depending on complexity
Preparation and submission of application documents – from 30 days depending on complexity
Examination – 2 years
Publication and grant of a patent – 4 months
Renewal of patent – up to 2 months

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant individual or company
Full name and address of the inventor
Title of the invention
Optional preliminary patent search report (usually carried out by the pattent attorney)
Description of the invention / utility model (prepared with the Patent Attorney)
Priority document (if needed)
Power of Attorney
Payment of official and patent attorney fees

AS A RESULT, YOU WILL RECEIVE
Patent
Publication of the description, formulas and drawings (only in electronic form)
Certificate of patent term renewal (only in electronic form)

THE SERVICE INCLUDES
Preliminary patent search
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Advancement of examination
Filing of customs enforcement applications.
Valuation of intangible assets
TM registration
Industrial design registration
Registration of domain name


РСТ

The International Bureau of the World Intellectual Property Office (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.


STAGES OF IMPLEMENTATION
Preliminary search (optional) – from 15 days depending on complexity
Preparation and submission of application documents – from 30 days depending on complexity
Patent search (by the ISA) – 6-12 months from priority date
PCT Application Publication – 18 months from priority date
Entrance to national stages – 29-31 months from priority date

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant individual or company
Full name and address of the inventor
Title of the invention / utility model
Optional preliminary patent search report (usually carried out by the pattent attorney)
Description of the invention / utility model (prepared with the Patent Attorney)
Priority document (if needed)
Power of Attorney
Payment of official and patent attorney fees

AS A RESULT, YOU WILL RECEIVE
International publication of the PCT application (only in electronic form)
International Search Report and Written Opinion (only in electronic form)

THE SERVICE INCLUDES
Preliminary patent search
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Valuation of intangible assets
TM registration
Industrial design registration
Registration of domain name



WORLD

Patent Bureau "Dr. Emil Benatov & Partners" maintains partner relations with leading patent companies of all countries. We can register your inventions and utility models, even in the most distant parts of the world.

We will provide you with the quick and reliable protection of your intangible assets!


STAGES OF IMPLEMENTATION
The timeline for patenting depends on the individual jurisdiction where protection is sought.

NECESSARY DOCUMENTS AND REQUIREMENTS
Full name and address of the applicant individual or company
Full name and address of the inventor
Title of the invention / utility model
Optional preliminary patent search report (usually carried out by the pattent attorney)
Description of the invention / utility model (prepared with the Patent Attorney)
Priority document (if needed)
Power of Attorney
Payment of official and patent attorney fees

AS A RESULT, YOU WILL RECEIVE
Depends on the individual jurisdiction.

THE SERVICE INCLUDES
Preliminary patent search
Monitoring of third parties' applicationsfiling of opposition against the application/registration of the third persons
Filing of customs enforcement applications.
Valuation of intangible assets
TM registration
Industrial design registration
Registration of domain name

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