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see also: Filing requirements for Ukraine
As a subject matter of an industrial design deemed may be:
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a form |
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an image or colouration, or a combination thereof defining an appearance of an article and destined to meet aesthetic and ergonomic demands. |
A patent of industrial design shall come into effect for 10 years from the date of filing with the Patent Office and shall be renewable for a term of no more than 5 years.
An industrial design is patentable if it is new and has industrial applicability.
An application shall be made out in Ukrainian language and shall include:
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request for the patent granting |
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set of photographs of the industrial design |
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description of the industrial design |
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drawing, diagram, chart (if any). |
After an application has undergone the formal examination, the Patent Office shall forward to an applicant a decision of the patent granting.
A patent is granted within 1 month after the registration in the State Register.
The rights derived from a patent come into effect from the date of publication of the mention of the patent granting in the Official Bulletin. A patent shall be granted to an applicant under his responsibility without the guarantee for the validity.
A patent of industrial design shall be annulled:
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from the date of publication of the mention of the industrial design owner's declaration of complete or partial withdrawal of a patent |
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from the first day of the year for which the annuity has not been paid, i. e. in case of non-payment of the annuity, for maintaining a patent in force when due. |
A patent of industrial design shall be declared completely or partially annulled in case when:
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an industrial design patented does not comply with the conditions of patentability |
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an industrial design includes, among its substantial features as a whole, those features which were not included in an application as originally filed. |
A notice of opposition to the patent of industrial design granted may be given to the Board of Appeals within 6 months from the publication of the mention of the patent granting. If the opposition fails to be lodged in due time, a patent may be annulled exclusively by Court according to the claim of the third party.
Disputes arising from the infringement of a patent owner's rights shall be settled by Courts.
An infringer should be held responsible for his actions under the current Ukrainian legislation.
Filing requirements for Ukraine.
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An order letter with an information sheet containing:
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Description of an industrial design |
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Set of photographs of a design |
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Power of attorney |
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Payment order for filing |
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