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LAW OF UKRAINE

of December 15, 1993 No. 3687-XII

About protection of the rights to inventions and useful models

(as amended on 21-07-2020)

Section I. General provisions

Article 1. Determination of terms

In this Law the stated below terms and reducings are used in such value:

Organization - the central executive body concerning legal protection of intellectual property.

Appeal chamber - collegiate organ of Organization for consideration of objections against decisions of Organization on acquisition of rights intellectual property items and other questions carried to its competence by this Law;

the invention (useful model) - result of intellectual, creative activities of the person in any sphere of technology;

the confidential invention (confidential useful model) - the invention (useful model) containing information carried to the state secret;

the confidential invention (confidential useful model) - the invention (useful model) containing information carried to the state secret, the rights to which make sure the patent for the confidential invention (confidential useful model):

in connection with execution of service duties or the order of the employer provided that the employment contract (contract) does not provide other;

with use of experience, production knowledge, know-how and the equipment of the employer;

service duties - the functional obligations of the worker fixed in employment contracts (contracts), job descriptions providing performance of works which can lead to creation of the invention (useful model);

the order of the employer - the task issued to the worker in writing which has a direct bearing on specifics of activities of the company or activities of the employer and can lead to creation of the invention (useful model);

the employer - person who hired the worker according to the employment contract (contract);

the inventor - the person whose intellectual, creative activities create the invention (useful model);

the patent (the patent for the invention, the patent for the confidential invention, the patent for useful model, the patent for confidential useful model) - the security document certifying priority, authorship and the rights to the invention (useful model);

the paragraph the fifteenth is excluded according to the Law of Ukraine of 21.07.2020 No. 816-IX

the paragraph the sixteenth is excluded according to the Law of Ukraine of 21.07.2020 No. 816-IX;

the paragraph the seventeenth is excluded according to the Law of Ukraine of 21.07.2020 No. 816-IX;

the paragraph the eighteenth is excluded according to the Law of Ukraine of 21.07.2020 No. 816-IX;

the paragraph the nineteenth is excluded according to the Law of Ukraine of 21.07.2020 No. 816-IX;

qualification examination (examination in essence) the examination establishing invention compliance to patentability conditions (novelty, inventive level, industrial applicability);

formal examination (examination on formal grounds) examination during which belonging of the object specified in the request to the list of objects which can be acknowledged as inventions (useful models), and compliance of the request and its registration to the established requirements is established;

the license - the permission of the owner of the patent (licensor) issued to other person (licensee) to use of the invention (useful model) under certain conditions;

person - physical person or legal entity;

the request - set of the documents necessary for state registration of the invention (useful model);

the applicant - the person who submitted the application or acquired the applicant's rights in other procedure established by the law;

priority of the request (priority) - superiority in application;

priority date - date of application in Organization or in relevant organ of the State Party of the Parisian convention on protection of industrial property or the Agreement on organization of the World Trade Organization on which the priority is declared;;

the international request - the application submitted according to the Agreement on patent cooperation;

Register - The state register of Ukraine of inventions, the State register of Ukraine of confidential inventions, the State register of Ukraine of useful models, the State register of Ukraine of confidential useful models which are kept electronically;

organization of examination - the public institution (the company, the organization) authorized by Organization for consideration and conducting examination of requests;

the state system of legal protection of intellectual property - Organization and set expert, scientific, educational, information and others the corresponding specialization of the public institutions falling within the scope of management of Organization;

biological material - material which contains genetic information and can replicate or be recreated in biological system;

The bulletin - the official electronic bulletin of Organization;

VOIS - World Intellectual Property Organization;

state registration of the invention (useful model) - state registration of intellectual property right on the invention (useful model);

the rights to the invention (useful model) - intellectual property rights on the invention (useful model).

Article 2. Legislation of Ukraine on protection of the rights to inventions (useful models)

The legislation of Ukraine on protection of the rights to inventions (useful models) is based on the Constitution of Ukraine and consists of this Law of the Civil code of Ukraine, the Law of Ukraine  "About the state secret" and other regulatory legal acts.

Article 3. Powers of Organization in the sphere of protection of the rights to inventions (useful models)

1. The organization provides realization of state policy in the sphere of protection of the rights to inventions and useful models for what:

will organize order taking, conducting their examination, makes the decision on them;

provides state registration of inventions and useful models and grants patents;

recognizes invalid the rights to inventions and useful models;

performs international cooperation in the sphere of legal protection of intellectual property and represents the interests of Ukraine concerning protection of the rights to inventions and useful models in the international organizations according to the current legislation;

the paragraph of the sixth part one of Article 3 is excluded;

will organize information and publishing activities in the sphere of legal protection of intellectual property;

will organize research works on enhancement of the legislation and the organization of activities in the sphere of legal protection of intellectual property;

will organize work on retraining of personnel of the state system of legal protection of intellectual property;

charges to the organizations entering the state system of legal protection of intellectual property according to their specialization, to carry out the separate tasks determined by this Law, Regulations on Organization, other regulatory legal acts in the sphere of legal protection of intellectual property;

performs other powers according to the laws.

2. it is excluded

3. On documents which accepts or approves according to this Law Organization the qualified digital signature can be used. Submission to Organization of documents electronically and issue of documents by Organization are electronically performed according to the legislation in the sphere of electronic documents and electronic document management, this Law and rules established by the central executive body providing forming of state policy in the sphere of intellectual property.

Article 4. International agreements

If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those that are stipulated by the legislation Ukraine about inventions (useful models), rules of the international treaty are applied.

Article 5. Rights of foreign and other persons

1. Foreigners, stateless persons and foreign legal entities have the rights, equal with citizens and legal entities of Ukraine, provided by this Law according to international treaties of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine.

2. Foreigners, stateless persons, foreign legal entities and other persons who have the permanent residence or the permanent location outside Ukraine in the relations with Organization exercise the rights through representatives for intellectual property (patent agents) registered according to provision which affirms the central executive body providing forming of state policy in the sphere of intellectual property except the cases established by part three of this Article.

3. Foreigners, stateless persons, foreign legal entities and other persons who have the permanent residence or the permanent location outside Ukraine can independently make the following actions:

submit the application for establishment of date of its giving;

pay charges and the state fee;

provide copies of earlier submitted application for establishment of date of application according to article 13 of this Law;

provide copies of the previous request for establishment of priority date according to article 15 of this Law;

receive receipts and notifications concerning any of the actions specified in paragraphs the second - the fifth this part, on condition of specifying in materials of the request of the address for correspondence in the territory of Ukraine.

Section II. Legal protection of inventions (useful models)

Article 6. Conditions of provision of legal protection

1. Legal protection is provided to the invention (useful model) which is not contradicting public procedure, the conventional principles of morals and answering to patentability conditions.

2. Subject of the invention, legal protection, it is provided to which in connection therewith the Law, can be product (the device, substance, microorganism strain, culture of cages of plant and animal, etc.), process (method).

Object of useful model, legal protection, it is provided to which according to this Law, can be the device or process (method).

3. Legal protection according to this Law does not extend to such objects:

plant varieties and breeds of animals;

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