Industrial Designs in Ukraine, Filing and prosecuting industrial designs applications in Ukraine

Under Law of Ukraine "On Protection of Rights in Industrial Designs" an industrial design shall be construed as an artistic and technical solution defining the outward appearance of a manufactured article.

An industrial design shall be granted protection if it is new, original and industrially applicable.

The following shall not be recognized as patentable industrial designs:

1. solutions that relate to architectural works (with the exception of minor architectural forms);
2. solutions that relate to printed matter as such;
3. solutions that relate to subject matter of unstable shape such as liquids, gaseous and dry substances and the like;
4. articles that are contrary to the public interest, humanitarian principles or morality.

The Patent for industrial design is valid for 10 (ten) years from the date of receipt of the application by the Patent Office of Ukraine. The validity of the Patent could be extended for 5 (five) years.

I. Filing an industrial design application in Ukraine (without claiming priority according to Paris Convention);

1. Forms (documents) required for filing of industrial design application:

1. Filing particulars
   • name, country of incorporation and address of the Applicant(s);
   • name, country of residence and address of the creator(s);
2. A set of photographs of the manufactured article (model, design), providing full and detailed views of its outward appearance;
3. the drawings, affording general views of the manufactured article and its functional characteristics, or an assembly diagram where indispensable for the understanding of the disclosure;
4. the description of the industrial design, covering all its essential features;
5. Power of Attorney signed by authorized person on behalf of Applicant;

2. Requirements for prosecution of the application:

1. Official filing fee an amount of USD 150 for first variant of the industrial design and USD 20 for every next variant starting from second to tenth variants and USD 20 for every next variant in excess of 10 (ten). Official filing fee should be paid within 2 (two) months from the filing date;
2. Power of Attorney could be filed when filing industrial design application or within 2 (two) months from the filing date;
3. Granting fee in amount of USD 100 should be paid within 3 (three) months from the date of Granting Decision receipt.

3. Requirements for notarization, legalization:

a) Power of Attorney mentioned in point 1-e) does not need notarization or legalization.

II. Filing an industrial design application in Ukraine according to Paris Convention (with claiming priority according to Paris Convention)

1. Forms (documents) required for accomplishing National Filing of industrial design application according to Paris Convention:

1. Filing particulars
   • name, country of incorporation and address of the Applicant(s);
   • name, country of residence and address of the creator(s);
2. A set of photographs of the manufactured article (model, design), providing full and detailed views of its outward appearance;
3. the drawings, affording general views of the manufactured article and its functional characteristics, or an assembly diagram where indispensable for the understanding of the disclosure;
4. the description of the industrial design, covering all its essential features;
5. Certified copy of the priority application;
6. Power of Attorney signed by authorized person on behalf of Applicant.

2. Requirements for prosecution of the application:

1. Official filing fee an amount of USD 150 for first variant of the industrial design and USD 20 for every next variant starting from second to tenth variants and USD 20 for every next variant in excess of 10 (ten). Official filing fee should be paid within 2 (two) months from the filing date;
2. Power of Attorney could be filed when filing industrial design application or within 2 (two) months from the filing date;
3. Certified copy of the priority application should be filed within 3 (three) months from the filing date;
4. Granting fee in amount of USD 100 should be paid within 3 (three) months from the date of Granting Decision receipt.

3. Requirements for notarization, legalization:

1. Power of Attorney mentioned in the point 1- f) does not need notarization or legalization.
2. The copy of the priority application mentioned in the point 1 - e) should be duly certified by Patent Office of the state where the application was first filed. No other notarization or legalization is needed.

III. Additional information regarding the filing requirements

1. According to applicable Ukrainian regulations a single General Power of Attorney can be used for all industrial design applications filed in the name of one applicant.

2. Practically all terms in filing and prosecution of application can be extended by way of filing special petition and payment of definite extension official fee.

3. Foreign citizens and persons without citizenship enjoy the same rights according to international conventions, Constitution of Ukraine and laws of Ukraine. However they should communicate with Ukrainian Patent Office (UPO) only through registered Patent Attorneys of Ukraine.