What is an invention:
The relations that arise in connection with the acquisition and exercise of the right of ownership of inventions in Ukraine are regulated by the Law of Ukraine “On the Protection of Rights to Inventions and Utility Models” of December 15, 1993 No. 3687-XII, as amended by Law No. 1771-W of June 1, 2000, as amended in accordance with the Law No. 2188-14 of 21.12.2000 (hereinafter referred to as the Law).
In accordance with the Law, the invention is a technological (technical) solution that meets the requirements of patentability (novelty, inventive step, and industrial suitability).
The Secret Invention is an invention containing information classified under the Law of Ukraine “On State Secret” to state secrets.
Service invention – an invention created by an employee:
- in connection with the performance of official duties or on behalf of the employer – the person who hired the employee under an employment contract (contract) – provided that the employment contract (contract) does not provide otherwise;
- using the experience, production knowledge, manufacturing secrets and employer equipment.
The official duties include duties, fixed in labor contracts (contracts), job descriptions, functional duties of the employee, envisaging performance of work that may lead to the creation of an invention (utility model).
The employer instructs an employee in writing a job that is directly related to the specifics of the enterprise or the activities of the employer and may lead to the creation of an invention (utility model);
The right to an invention is protected by the state and is certified by a patent.
Patent (patent for invention, patent application for invention, patent for a secret invention, declarative patent for a secret invention) – a security document certifying priority, authorship and title to the invention.
The patent (declarative patent) of Ukraine for an invention (for a secret invention) is valid only on the territory of Ukraine.
The term of validity of the patent for invention in Ukraine is 20 years from the date of filing an application.
The term of validity of a declarative patent for an invention is 6 years from the date of filing an application.
The term of validity of a patent for an invention the object of which is a medicinal product, a means of animal protection, a plant protection product, etc., the use of which requires the permission of the competent authority, may be extended at the request of the holder of this patent for a period equal to the period between the date of filing the application and the date of obtaining such a permit, but not more than for 5 years.
The term of validity (declarative patent) on a secret invention is equal to the period of secrecy of the invention, but may not be longer than the period of protection of the invention specified by the Law.
What is the invention of legal protection?
Legal protection is provided for an invention that does not contradict the public interest, the principles of humanity and morals and corresponds to the requirements of patentability, that is, if it is new, it has an inventive step and is industrially suitable.
The object of the invention may be:
- product (device, substance, strain of the microorganism, culture of plant and animal cells);
- the use of a previously known product or method for a new purpose.
Who is entitled to a patent?
The right to obtain a patent has:
- the inventor;
- the employer (if the invention is official);
- the successor to the inventor or employer.
What rights does a patent holder hold for an invention?
A patent for an invention grants its proprietor the exclusive right to use the invention at its sole discretion, if such use does not violate the rights of other patent holders, and prohibit its use by any other person without its permission, except where such use is not recognized in accordance with the Law of a violation of rights, provided by the patent.
The exclusive rights of the holder of the patent (declarative patent) to the secret invention are limited by the Law of Ukraine “On State Secrets” and the relevant decisions of the State Expert on Secrets.
The rights arising from the patent are valid from the date of publication of the information about its issuance.
The rights arising from a patent (declarative patent) to a secret invention shall run from the date of the information about it to the State Register of Patents and Declarative Patents of Ukraine for secret inventions.