Utility Models

A device or process (way) may be the object of utility model.

A utility model is patentable if it is new and industrially applicable.

Filing, examination and granting, as well as protection after granting of the utility models are regulated by the Law of Ukraine “On the Protection of Rights to Inventions and Utility Models” (last amended on July 20, 2020).

Examination: formal examination only. At the same time, any person may file a justified request to the Institution to examine the utility model in terms of correspondence with the terms of patentability. A fee shall be paid for submission of the request. The conclusion on correspondence of the utility model with the terms of patentability drawn up by the NIPO shall be sent to the person that submitted it and also to the patent holder. The NIPO's conclusion on correspondence of the terms of patentability may be attached by the person, who submitted the request, in the case of going to court or the Chamber of Appeals of the NIPO for the purpose of invalidating rights to the utility model.

Duration – extension: ten years from the filing date; no extension is provided.

Invalidation: a utility model may be declared to be invalid in full or in part in a court and in the Chamber of Appeals of the NIPO. Any person shall have the right to provide the Chamber of Appeals with a justified statement of invalidation of rights to the utility model either in full or partially on the basis of non-correspondence of the utility model with the terms of patentability. A statement may be submitted through the representative for intellectual property affairs (patent attorney) acting on the basis of a power of attorney. The statement of invalidation of rights to the utility model may be filed to the Chamber of Appeals within the total validity period of property rights to the utility model and after their invalidation. A fee shall be paid for submission of the statement. The statement on invalidation of rights to the utility model shall be considered in accordance with the regulations of the Chamber of Appeals within a period of four months upon receipt of the statement provided that a fee for its submission has been paid. The aforesaid term may be prolonged by two months. Based on the outcomes of statement consideration, the Chamber of Appeals shall make a justified decision to be approved by the order of the NIPO. The parties may appeal a decision of the Chamber of Appeals within a period of two months from the day of receiving it. Decisions of the Chamber of Appeals shall enter into force from the day of approval by the order of the NIPO and shall be subject to publication in full on the website of the NIPO. Rights to the utility model invalidated by the Chamber of Appeals shall be deemed to have not entered into force from the day following the day of state registration of a utility model. In the case of invalidation of rights to the utility model, the NIPO shall report on it in the Bulletin.