Patenting

Patenting

The presence of a patent entitles you to a temporary legal monopoly in respect of an invention, utility model, industrial design or selection achievement. This means that for quite a long time only the inventor has the right to decide who can use the patented object.

The presence of a large patent portfolio increases the weight of the company on the market, and the cost of business.

Our advantages

• Lawyers work with patent offices;
• services for all types of patents, stipulated by the legislation;
• patent search and preparation of the conclusion about possibility of registration;
• the correspondence with the Ukrpatent, requiring knowledge of the intricacies of the law;
• to optimize the procedure and time for obtaining of legal protection of objects of industrial property.

The patenting process each object of industrial property has its own specifics.

The company AGTL offers assistance in the registration of the industrial design, utility models, inventions and selection achievements.

Industrial design

The industrial sample is art-design decision of the product, i.e. the design (appearance) of the product. Therefore, the terms of the patent (patentability) for industrial designs are the criteria of novelty and originality.

The design or ornamentation of the product, fit and color combinations, lines, texture produce clothing, the texture of the material, an unusual shape or configuration of the device, the appearance of a product can be patented as industrial design in accordance with some legal requirements.

If the appearance of the product is new and original, you can get a monopoly on its use to 25 years.

The procedure of patenting an industrial design consists of the following steps:

• Formal examination
  
• The substantive examination
• The decision to grant or refuse to grant a patent.

Not granted legal protection as an industrial design:

• solutions, all the signs of which is determined exclusively by the technical function of the product;
  
• solutions, is able to mislead the consumer products (because of the similarity with registered trademarks of other persons with official state symbols and other reasons) and some others.

The utility model

The utility model technical solution relating to the device. If a technical solution is new and industrially applicable, it is possible to register and obtain a patent.

Some of the objects that fall under the criteria of the invention sometimes are patented as utility model, since the registration process of the invention takes a minimum of a year and a half, and a patent for utility model, you can get faster.

Since the requirements for utility models do not contain a criterion of "inventive step", You can get the legal protection of the device as a useful model with a maximum volume of rights in a shorter time compared to a design patent (about 4 months).

Lawyers AGTL accompany the paperwork at the stages:

• formal examination and
  
• substantive examination,
• when issuing or refusal of a patent.

The term of the patent for utility model – 10 years.

The invention

Any technical solutions that relate to the product and/or method, and if they are new, industrially applicable and have inventive step can be patented as inventions.

The patent for invention is valid for 20 years.

Examination

The patenting of the invention include a formal examination and substantive examination:

The formal examination checks the compliance with all the requirements of patent application, and is 2 months. Next, the application passes to the second stage examination – examination of the merits.

Substantive examination includes the patent information search to determine the patentability of a technical solution. During the substantive examination not legally defined, in practice the process takes 12 to 18 months.

If the invention meets all the criteria of patentability, the examiner shall decide on the grant of a patent, and patent the invention enters the final phase – assignment of registration number and issuing of the patent. This process takes 6 months.

The patenting process of the invention is a rather lengthy process. AGTL experts will be happy to offer a number of comprehensive legal measures to streamline the procedure and time for obtaining of legal protection of the invention.

The modern world farmers not only to patent technical solutions and appearance of its products, but also new varieties of plants and breeds of animals (breeding achievements).

Selection achievement in accordance with the criteria of patentability to obtain protection in the form of a patent. As a result, you can obtain global competitive advantage.

The stages of state registration of selection achievements:

• Preliminary examination,
  
• Examination of selection attainment for novelty
• Testing a selection achievement for distinctiveness, uniformity and stability,
• The decision to grant or refuse to grant a patent.
• Service on patenting any of the objects includes:
• Familiarization with the subject matter,
• Analysis of prospects and develop optimal solutions
• Preparation of an application for registration of the given object
• Application and amendment,
• Keeping the stages of the examinations
• When necessary, challenge decisions
• A patent or certificate.

The result of this service the client gets a new intangible asset, the rights that can be protected in court in case of violation of rights.