Patenting is a service of the law firm AGTL Kharkiv, Kyiv, Odessa. The existence of a patent entitles you to a temporary legal “monopoly” with respect to an invention, a useful model, an industrial design or a breeding achievement. This means that for quite some time only the inventor has the right to decide who and how can use the object he patented.
Having a large patent portfolio increases the company’s weight in the market as well as the value of the business.
- Lawyers work with patent offices;
- Services for all types of patenting required by law;
- conducting a patent search and concluding the possibility of registration;
- Correspondence with Ukrpatent, which requires knowledge of the intricacies of the law;
- experience in streamlining the procedure and the timing of obtaining legal protection of industrial property.
The procedure for patenting each industrial property has its own specificity.
AGTL offers assistance in registering an industrial design, a useful model, invention or breeding achievement.
An industrial design is an artistic and design solution of a product, i.e. the design (appearance) of a product. Therefore, the terms of patenting (patentability) for industrial designs are the criteria of novelty and originality.
The design or ornament of the product, the cut and combinations of colors, lines, texture of the manufactured clothing, the texture of the product material, the unusual shape or configuration of the device, the appearance of the product – all of this can be patented as an industrial design in accordance with certain legal requirements.
If the appearance of the product is new and original, you can get a monopoly on its use up to 25 years.
The industrial patenting procedure consists of the following stages
- Formal examination,
- Examination of the substance,
- Decision to issue or refuse to grant a patent.
Legal protection as an industrial model is not provided
- Solutions, all the signs of which are due solely to the technical function of the product;
- decisions that can mislead the consumer of the product (because of the similarity with the registered trademarks of others, with official state symbols and other reasons) and some others.
A useful model is a technical solution related to the device. If the technical solution is new and industrially applicable, you can register it and get a patent.
Some objects that fall under the criteria of invention are sometimes patented as useful models, as the process of registering an invention takes at least a year and a half, and a patent for a useful model can be obtained faster.
Since the requirements for a useful model do not contain such a criterion as “inventive level”, you can obtain legal protection of the device as a useful model with the maximum possible amount of rights in a shorter time compared to the patent for the invention (about 4 months).
AGTL lawyers accompany the proceedings at the stages of
- formal examination and
- examinations on the merits,
- when issuing or refusing to grant a patent.
Any technical solutions that relate to the product and/or method, and if they are new, industrially applicable and inventive, can be patented as an invention.
Patenting the invention includes formal examination and examination on the merits:
The formal examination checks compliance with all patent application requirements and is two months old. Then the application goes to the second stage of examination – examination on the merits.
The examination essentially includes a patent-information search to determine the patentability of a technical solution. The time of examination is essentially not defined by law, in practice the process takes 12 to 18 months.
If the invention meets all the criteria of patentability, the examination decides on the granting of the patent, and the patenting of the invention goes to the final phase – the appropriation of the registration number and the issuance of a patent. This process takes from 6 months.
The process of patenting an invention is quite a long process. AGTL experts will be happy to propose a number of comprehensive legal measures to optimize the procedure and timing of obtaining legal protection of the invention.
Modern world farmers patent not only technical solutions and the appearance of their products, but also new varieties of plants and breeds of animals (selective achievements).
Selective achievements, subject to patentability criteria, can be protected in the form of a patent. As a result, you can gain a global competitive advantage.
Stages of state registration of breeding achievements
- Preliminary examination,
- Examination of breeding achievement on novelty
- Breeding achievement tests for distinctiveness, homogeneity and stability,
- Decision to issue or refuse to grant a patent.
- The patent service for any of the objects includes:
- Familiarity with the subject of patenting,
- Analyzing perspectives and developing the best solution
- Preparation of an application for registration of this facility,
- Applying and amending
- Proceedings at the examination stages,
- If necessary, challenge decisions
- Receiving a patent or certificate.
As a result of this service, the client receives a new intangible asset, the rights to which can be protected in court in case of violation of rights.
- Maintaining transactions with copyright and related rights;
- Resolution of intellectual property disputes
- Registration of trademarks in the customs register;
- Copyright and related rights protection;
- Manufacturing Secrets (know-how);
- International patenting;
- Domain names (registration and dispute resolution);
- Comprehensive advice on intellectual property protection in information technology;
- International trademark registration;
- Legal Audit of Intellectual Property (IP Due Diligence);
- Trademark registration.
If you suspect that your rights are being violated, you can contact our specialists – lawyers and lawyers. We will conduct a preliminary analysis of the violation and offer you the best options for protecting your rights.