A patent is a protection document that, above all, certifies the exclusive right, authorship and priority of an invention.
Depending on the subject of patent, the term of the patent also depends.
A patent for an invention is issued for a period of 20 years. A patent for an invention has a territorial character, that is, it acts only in the territory of the state whose patent office it has been issued.
An invention is the result of human intellectual activity in any field of technology.
In accordance with the legislation of Ukraine, the object of the invention for which a patent is issued may be:
- product (device, substance, strain of microorganism, culture of plant and animal cells, and p.);
- process (method);
- a new application using a known product or process.
In order to obtain legal protection, the invention must comply with the following conditions:
- be new;
- have an inventive level;
- be industrially applicable.
A patent for an invention grants its owner the following rights:
- use of the invention;
- the exclusive right to authorize the use of the invention (issue licenses);
- the exclusive right to discourage inappropriate use of the invention, including prohibiting such use.
A patent for a utility model is issued for a period of 10 years.
A patent for a utility model has a territorial character, that is, it acts only on the territory of only that state, the patent office of which it has been issued.
The utility model is the result of human intellectual activity in any field of technology.
A patent for a utility model grants its owner the following rights:
- using the utility model;
- the exclusive right to authorize the use of the utility model (to issue licenses);
- the exclusive right to prevent the misuse of a utility model, including prohibiting such use.