Utility models: PCT Procedure

Utility models: PCT Procedure

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Patenting of Utility Models According to PCT Procedure

One of the possible options for patenting your utility model is PCT procedure.

It should be noted that protection of the utility model is provided for by the legislation of a limited number of countries, so before submitting it should be checked whether your utility model may be claimed in this very country.

The list of countries in which the utility model is protected may be found at the following link.

The Patent Cooperation Treaty (PCT) allows you to apply for a patent in all countries that provide protection to utility models. At the same time, the term for entering national/regional phase is 30–31 months, depending on the legislation. For instance, in Ukraine the Applicant has 31 months to proceed with the entering stage.

Documents which are to be provided by the client:

  1. Application materials, namely utility model specification, claims, abstract.
  2. Drawings, if any. 
  3. Power of Attorney executed according to the form provided by the Patent Attorney.

Entering the national/regional phase means that in the selected country/region the Application is to be examined, and in case of successful completion of said examination the national/regional patent will be issued. 

The stages of registration of patent for utility model according to the PCT procedure

Registration of patent for utility model by PCT procedure

One of the advantages of the PCT procedure is the possibility to transform Application for invention into utility model Application when entering the national phase. Thus, it is possible to register object that does not meet the patentability criteria required for the invention as the patent for utility model. 

The validity term of patent for a utility model issued according to the PCT procedure is 10 years in most countries.

The validity of the patent is to be maintained by the established annuities payment. In some countries, such annual fees are to be paid for several years at once.

If you are interested in patenting your utility model, please contact us! Our specialists will give competent and clear answers to all your questions and provide all necessary services for the successful patenting of your utility model using the PCT procedure in Ukraine and other countries. We are waiting for you!