MIKHAILYUK, SOROKOLAT & PARTNERS © 2005-2012
Country
Type and term of protection
Objects protected as utiltiy models
Current examination system
Restrictions
Grace period
Eurasia
N/A
Armenia
utility model
10 years
only a technical solution relating to the means of production, consumer goods or their components, constructive solutions and functional peculiarities
no substantive examination on utility models is stipulated by the legislation, the patent is issued on the responsibility of the applicant
methods, substances, strain of microorganisms, biotechnological product, culture of plant or animal cells, their use of their for new purposes are not protected as utility models
12 months
from disclosure of the information on utility model before filing the application or priority date thereof, if priority is claimed
Azerbaijan
utility model
10 years
only a technical solution relating to the means of production, consumer goods or their components, constructive solutions and functional peculiarities
substantive examination may be requested within 12 months from filing the application at the optional request of the applicant, if no request for the substantive examination is filed, the design patent is issued on the responsibility of the applicant
methods, substances, strain of microorganisms, biotechnological product, culture of plant or animal cells, their use of their for new purposes are not protected as utility models
12 months
from disclosure of the information on utility model before filing the application
Belarus
utility model
maximum 8 years (5 basic years + 3 additional years)
only a technical solution
no substantive examination on utility models is stipulated by the legislation, the patent is issued on the responsibility of the applicant
methods, substances, strain of microorganisms, biotechnological product, culture of plant or animal cells, their use of their for new purposes are not protected as utility models
12 months
from disclosure of the information on utility model before filing the application
Estonia
utility model
maximum 10 years (4 basic years term plus 4 years tem plus 2 more years term)
same objects as for the inventions, namely devices, processes, materials, not including biological material, or a combination thereof
no substantive examination on utility models is stipulated by the legislation, the patent is issued on the responsibility of the applicant
biotechnologiacal products are not protected as inventions, the set of claims of the application may contain only 1 independent claims, i.e. relate to 1 object
12 months
from disclosure of the information on utility model before filing the application or priority date thereof, if priority is claimed
Georgia
utility model
10 years
same objects as for the inventions, namely a device, process, substance, strain of microorganisms, animals and plants cell culture
substantive examination, checking local novelty, should be requested within 3 months from issuance of the Notification of the Patent Office about the positive decision of the formal examination
the set of claims of the application may contain only 1 independent claims, i.e. relate to 1 object
12 months
from disclosure of the information on utility model before filing the application or priority date thereof, if priority is claimed
Kazakhstan
utility model
maximum 8 years (5 basic years + 3 additional years)
only a technical solution relating to the constructive solutions of means of production, consumer goods or their components
no substantive examination on utility models is stipulated by the legislation, the patent is issued on the responsibility of the applicant
methods, substances, strain of microorganisms, biotechnological product, culture of plant or animal cells, their use of their for new purposes are not protected as utility models
6 months
from disclosure of the information on utility model before filing the application
Kyrgyzstan
utility model
maximum 8 years (5 basic years + 3 additional years)
only a technical solution
no substantive examination on utility models is stipulated by the Kyrgyz legislation, however, it is stipulated that the preliminary examination on novelty and industrial applicability is conducted
methods, substances, strain of microorganisms, biotechnological product, culture of plant or animal cells, their use of their for new purposes are not protected as utility models
6 months
from disclosure of the information on utility model before filing the application or priority date thereof, if priority is claimed
Latvia
N/A
Lithuania
N/A
Moldova
short-term patent
maximum 10 years (6 basic years + 4 additional years)
same objects as for the inventions, namely a device, process, substance, strain of microorganisms, animals and plants cell culture
no substantive examination on short-term patents is stipulated by the legislation, however, the criteria of patentability are checked locally, for extension of the short-term patent validity for additional 4 years on the 5th year of the short-term patent validity the request for the substantive examination has to be filed
biological materials as well chemical and pharmaceuticals substances and methods are not protected as short-term patent
N/A
the grace period 6 months term is applied only if the disclosure took place at the international exhibition or by the third parties in bad faith
Russia
utility model
maximum 13 years (10 basic years + 3 additional years)
only a technical solution
no substantive examination on utility models is stipulated by the legislation, the patent is issued on the responsibility of the applicant
methods, substances, strain of microorganisms, biotechnological product, culture of plant or animal cells, their use of their for new purposes are not protected as utility models
6 months
from disclosure of the information on utility model before filing the application
Tajikistan
petty patent
10 years
same objects as for the inventions, namely a device, process, substance, strain of microorganisms, animals and plants cell culture
preliminary examination checking the local novelty and industrial applicability is conducted automatically
N/A
6 months
from disclosure of the information on petty patent before filing the application
Turkmenistan
N/A
Ukraine
utility model
10 years
same objects as for the inventions, namely a device, process, substance, strain of microorganisms, animals and plants cell culture
no substantive examination on utility models is stipulated by the legislation, the patent is issued on the responsibility of the applicant
the set of claims of the application may contain only 1 independent claims, i.e. relate to 1 object
12 months
from disclosure of the information on utility model before filing the application or priority date thereof, if priority is claimed
Uzbekistan
utility model
maximum 8 years (5 basic years + 3 additional years)
only a technical solution relating to the constructive solutions
Patentability examination has to be requested within 3 months from the Notification of the Patent Office about the positive decision of the formal examination
methods, substances, strain of microorganisms, biotechnological product, culture of plant or animal cells, their use of their for new purposes are not protected as utility models
6 months
from disclosure of the information on utility model before filing the application
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