Ukrainian Industrial Designs | Guide

1. What is an Industrial Design?

Industrial design is the result of a person's intellectual, creative activity in the field of artistic design embodied in a product, which does not contradict public order, generally recognized principles of morality and meets the criteria of security.

An industrial design can be features of the appearance of the product or its parts, which are determined, in particular, by lines, contours, color, shape, texture and/or material of the product, and/or its decoration, and are not determined solely by its technical functions.

An industrial sample must be an object of stable form. It should not consist of liquid, gaseous, loose or similar substances.

The industrial design must be visible during normal use. The normal use of the product is determined by the end user, while logistics, maintenance or repair of the product are not considered normal use.

In order to obtain legal protection as an industrial design, the features of the appearance of the product should not be determined exclusively by its technical functions.

An industrial design is a feature of the appearance of products intended for multiple assembly or connection of interchangeable products within a modular construction.

The scope of legal protection granted to a registered industrial design is determined by the image of the industrial design entered in the register. The scope of legal protection of an industrial design includes any other industrial design that does not create a distinctive general impression on the informed user. To determine the scope of legal protection, the degree of freedom of the author during the creation of the industrial design is taken into account.

Examples of products whose features can be registered as industrial designs:

• The Appearance of Food Products - bakery products, sweets, pasta products, chocolate, candies, ice cream, cheese and other dairy products, meat and fish products, animal feed, etc.;
• Articles of Clothing and Haberdashery — underwear, clothes, hats, shoes, ties, socks, stockings, mittens, etc.;
• Travel Items and Personal Accessories - suitcases, briefcases, women's bags, key rings, cases, umbrellas, canes, etc.;
• Brushes and Cleaning Products, etc.;
• Textile Products Sold to Measure - yarn, lace, embroidered products, ribbons, textile fabrics, wallpaper, linoleum, wrapping materials, etc.;
• Furniture and Related Goods - armchairs, chairs, ottomans, sofas, swings, children's seats for vehicles, beds, hammocks, tables, desks, cabinets, shelves, safes, racks, display cases, hangers, drawers, ladders, church furniture, headboards, mirrors, frames, baguettes, mattresses, pillows, curtains, blinds, carpets, mats, blankets, covers, bedspreads, sleeping bags, etc.;
• Household Items - plates, bowls, cans, jars, kettles, vases, cups, mugs, glasses, ice containers, nipples for feeding, teapots, pans, skewers, trays, waffle irons, toasters, ladles, pans, molds, microwave stoves, grills, spoons, forks, knives, spatulas, vegetable peelers, coffee grinders, graters, irons, basins, sponges, rags, openers, canning knives, bread boxes, accessories for fireplaces, stands, holders, thermoses, warmers, watering cans, etc.;
• Working tools and iron products;
• Packaging and containers for goods;
• Clocks and other measuring, checking and signaling devices;
• Decorations, jewelry, medals, badges, flags;
• Transport or lifting equipment — cars, boats, airplanes, bicycles, motorcycles, baby carriages, wheelchairs, etc.;
• Equipment for the Production, Distribution or Conversion of Electricity — generators, engines, transformers, batteries, solar batteries, accumulators, etc.;
• Equipment for Recording, Telecommunications or Data Processing - displays, icons, devices for storing and recording data, etc.;
• Pumps, compressors, construction machines, mining machines, washing machines, dishwashers, refrigerators, textile, sewing, knitting and embroidery machines, machine tools, filling and packing machines, etc.;
• Photo and film equipment, optical devices;
• Musical Instruments;
• Printing and stationery machines;
• Stationery, artistic and educational tools and accessories - writing paper, postcards, calendars, books, maps, globes, printed advertising materials, etc.;
• Trade and advertising equipment, signs, signs, exhibition and trade equipment, vending machines, etc.;
• Games, toys, tents, sporting goods, etc.;
• Weapons, ammunition, pyrotechnic products, products for hunting, fishing, traps for pests;
• Equipment for distribution of liquids and gases, sanitary, heating, ventilation and air conditioning equipment, solid fuel;
• Medical and laboratory equipment, prosthetic products, medical instruments;
• Building blocks and building elements;
• Lanterns, lamps, candlesticks;
• Tobacco, cigars, cigarettes, pipes, mouthpieces, ashtrays, matches, cigarette cases, electronic cigarettes, etc.;
• Pharmaceutical products in the form of capsules, pills, cosmetic products, cosmetic cabinet accessories;
• Fire-fighting devices and equipment, devices and equipment for safety and rescue;
• Items for the care and maintenance of animals - clothing for animals, pens, cages, booths, feeders, beds, nests, furniture for animals, toys for animals, etc.;
• Machines and devices for preparing food or drinks;
• Graphic images, symbols, logos, textured patterns, ornaments, elements of interiors and exteriors.

An industrial design meets the criteria for security if:

• it is new; and
• has an individual character.

An Industrial Design is recognized as new if no identical industrial design has been brought to public notice before the date of filing the application for registration or before the date of its priority.

An Industrial Design is recognized as having an individual character if the general impression it makes on an informed user is different from the general impression made on such a user by any other industrial design made known to the public before the date of filing the application for registration or give it priority.

Exclusive property rights to a registered Industrial Design arise and are protected by the state from the moment of filing an application for an industrial design and are valid for 5 years with the possibility of extension for one or more five-year terms - up to 25 years in total.

Exclusive property rights to an Unregistered Industrial Design arise from the date of its publication in the territory of Ukraine and are valid for 3 years without the possibility of renewal.

The Rights to an Invention (utility model) are protected only in the country where the Industrial Design is registered. That is, you need to register in the country or countries where you want to get protection.

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2. What is an Industrial Design Certificate

Industrial Design Certificate is a protective document certifying the existence of intellectual property rights for solutions in the field of artistic design, which is determined by data entered in the State register.

The Certificate is a document of the prescribed form. It is issued by a specially authorized State Body in the field of Intellectual Property.

Industrial Design Certificate is the object of desire and pride of any designer, constructor, artist, it is an opportunity to earn, invest, enter a new market, optimize taxation.

The scope of rights under the industrial design certificate is determined by the images of the industrial design and certain features.

Patent and Legal Agency "DESTRA" takes care of ensuring the maximum amount of intellectual property protection, therefore it responsibly approaches the formulation of the signs of an industrial design when preparing an application.

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3. Why Register Industrial Designs

1. Obtain a monopoly on the Market — that is, to obtain the exclusive right to produce products, eliminate competitors by obtaining the exclusive right to use, the right to prohibit use and the right to allow use (sell a license).

2. The possibility of avoiding problems in case of registration of a similar solution by another person — competitors can conduct developments in the same field, and someone can get registration earlier.

3. Capitalization of the Enterprise — increasing the value of the enterprise by evaluating and placing the asset on the balance sheet.

4. The possibility of receiving remuneration by the Author - the author can receive a bonus from the employer or issue a license to use the industrial design and receive remuneration in the form of royalties.

5. Reputational benefits, popularity, satisfaction of non-material needs - an individual can obtain a certificate for an industrial design to indicate it in a dissertation, resume, include in a portfolio; a legal entity can use a certificate for an industrial design to support reputation, advertising, and increase goodwill.

6. The possibility of optimizing taxation — lowering the tax base by putting the object of intellectual property on the balance sheet and charging depreciation; the possibility of paying money to the manager and the founder in the form of royalties (with the calculation of personal income tax without VAT); transfer of royalties abroad (tax on repatriation of income does not arise if the object of intellectual property is registered to a foreign entity from the very beginning).

7. The possibility of involving international procedures for registration in other countries. — receiving priority according to the date of submission of the Ukrainian application (the international application is submitted within 12 months).

8. Advertising as a result of the publication of data on the registration of an industrial design — the possibility of conveying information to those who want to purchase rights (license), as well as those who should be scared.

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Services Related to Registration of Industrial Designs (Procedure, Steps, Cost)

The industrial design registration procedure involves at least 6 stages of meticulous work, during which a patent attorney builds up the scope of industrial design protection based on the client's needs.

Step 1. Confidentiality Agreement

Any information on patentable subject matter, applicant and author is confidential. Part of this information (which is eventually included into the application) remains confidential until the Industrial Design application is published. All other information (which was disclosed by the customer while drafting the application but eventually not included in the application) remains confidential even after the application has been published.

The DPL’s confidentiality obligations are set forth in the Confidentiality Agreement to be signed by DPL prior to getting started with receiving information from the customer and drafting the Industrial Design application.

After signing the confidentiality agreement, the patent attorney proceeds to the next steps.

Step 2. Initial information about the applicant, inventor and subject-matter of industrial design

(a) Designation of the applicant (future owner of the industrial design), settlement of relations between applicants

Options for designating the Applicant (future patent owner):

• An individual or a legal entity.
• One or more individuals/entities.

Rules to follow when designating the Applicant:

• Author — if the Industrial Design was created independently by the Author (not as an employee), or, if as an employee, where the employer refuses to register;
• Employer — if there is an agreement on allocation of rights to the Industrial Design between the Author and his/her employer, and the right to file the application has been assigned by the employee to the employer;
• Both Author and Applicant — if there is no agreement on allocation of rights to the Industrial Design between the Author and his/her employer. If there is no such a contract – should the Author be not designated as the applicant – the Author may file a claim to invalidate the Industrial Design registration on the ground of infringement of his/her rights.

Recommendations:

Before starting the industrial design registration procedure, it is recommended to conclude an agreement on the distribution of rights between the future owners of the industrial design certificate (applicants), if there are several of them, as well as to formalize relations with the investor (if any).

Without concluding a contract between applicants, each of them, after receiving a certificate for an industrial design, can independently use the industrial design at their own discretion, in particular, independently (for example, as an individual entrepreneur) manufacture the corresponding products. However, if such a co-owner of the certificate wants to use this industrial design in his own enterprise, he will need the permission of other co-owners, and this should be agreed in advance.

(a) Designation of the Author (future owner of the industrial design), settlement of relations between the Applicant and Author

Who should be listed as the author of the industrial design?

The person (group of persons) who actually invented a product/process as a result of their intellectual and creative activities should be designated in the Industrial Design application as the inventors. People who were involved in organizational work or financing should not be considered Authors.

If the author and the applicant are different persons (including if the applicant is an employer and the author is an employee), before starting the registration procedure, you should correctly identify the authors and applicants, conclude an agreement on the transfer of submission rights application and distribution of rights to an industrial design.

Step 3. Identifying Patentable Subject Matter, Drawing up the Requirements Specification

Performance period:

The analysis of the details, disclosed by the customer on the patentaple subject-matter takes 5 working days. If there is no need for clarifying questions, we sign the Terms of Reference and proceed to the next steps.

Description		Fees, UAH
20201	ATTORNEY'S FEE for analysing information received from the Customer for identifying patentable subject matter and finalizing the requirements specification — coef. 1	750.00
20202	ATTORNEY'S FEE for preparing clarification questions pertaining to the patentable subject matter and analysing the Customer’s answers — coef. 1	500.00

Step 4. Drafting the Industrial Design Application

Performance period:

Drafting an Industrial Design application takes 7 working days on avarage. The exact term is to be agreed when discussing and signing the Requirements Specification, and depends on complexity of the Industrial Design and sufficiency of information disclosed by the Custromer.

Description		Fees, UAH
21001	ATTORNEY'S FEE for classifying the industrial design (choosing a subclass under the current edition of the Locarno Classification) — coef. 1	250.00
21002	ATTORNEY'S FEE for drafting Section “Intended Use and Field” — coef. 1	500.00
21003	ATTORNEY'S FEE for drafting Section “List of Reproductions, Drawings and Diagrams” — coef. 1 (per each to 10 references)	500.00
21004	ATTORNEY'S FEE for drafting Section “Nature and Essential Features” — coef. 1	2000.00
21005	ATTORNEY'S FEE for drafting Section “Nature and Essential Features” as regards 1 additional variant — coef. 1	750.00
21006	ATTORNEY'S FEE for drafting the description of each figure of the drawing (per one figure) — coef. 1 (per each set of 10 references)	750.00
21007	ATTORNEY'S FEE for preparing one reproduction of the product for an industrial design application — coef. 1	1000.00
21008	ATTORNEY'S FEE for additional processing of one reproduction of the product provided by the customer in electronic form — coef. 1	300.00
21009	ATTORNEY'S FEE for preparing one reproduction (figure) of the diagram, drawing, map in electronic form — coef. 1	500.00
21010	ATTORNEY'S FEE for additional processing of one reproduction (figure) of the diagram, drawing, map provided by the Customer in electronic form — coef. 1	300.00

Step 5. Filing and Prosecution of an Industrial Design Application

We file application materials within 2 days after they are approved by the customer.

Non-accelerated examination takes up to 8 months.

Where accelerated examination is ordered, it takes up to 20 working days.

Description		Fees, UAH
21101	ATTORNEY'S FEE for filing the drafted design patent application to the Patent Office — coef. 1	1500.00
21102	ATTORNEY'S FEE for additional printing of color reproductions of an industrial design - 1 sheet	40.00
21121	Design patent application filing fee (where the applicant is the creator) (OFFICIAL FEE) [20100] - 1 variant	320* / 1600**
21122	Design patent application filing fee (where the applicant is the creator) (OFFICIAL FEE) [20100] - additionally for each variant from the 2nd to the 10th inclusive	40* / 200**
21123	Design patent application filing fee (where the applicant is the creator) (OFFICIAL FEE) [20100] - additionally for each variant above the 10th	140* / 700**
21201	ATTORNEY'S FEE for Design patent prosecution (tracking deadlines, receiving documents, reporting an office action) — coef. 1	1250.00

Step 6. Obtaining a certificate for an industrial design

Performance period:

The publication fee is to be paid within 3 months following the positive Examiner's decision.

The Industrial Design certificate is granted within 2 months following the publication (registration).

Description		Fees, UAH
22801	ATTORNEY’S FEE for paying the publication fee and grant fee, obtaining and forwarding the design patent to the Customer - for residents of Ukraine	1250.00
22802	ATTORNEY’S FEE for paying the publication fee and grant fee, obtaining and forwarding the design patent to the Customer - for non-residents of Ukraine	2500.00
22821	Publication fee, black and white (where the applicant is the author) (OFFICIAL FEE) [21000] — per 1 reproduction of the industrial design	60* / 300**
22822	Publication fee, color (where the applicant is the author) (OFFICIAL FEE) [21000] - per 1 reproduction of the industrial design	100* / 500**
22823	Design patent grant fee (OFFICIAL FEE) - for residents of Ukraine	17.00
22824	Design patent grant fee (OFFICIAL FEE) - for non-residents of Ukraine — the equivalent of USD 100	100 EUR

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Industrial Design Consultations

We provide consultations on matters related to the protection of Industrial Designs in Ukraine and worldwide, as well as written materials explaining the stages and cost of patenting.

Free of charge:

• The first 15 minutes of an oral consultation on Industrial Designs;
• Standard written materials on stages and costs of Industrial Design registration.

In most cases, free consultations and basic written materials are enough to decide and start working with us.

Send a request for a free consultation

Send a request for a free consultation