International Patent Protection for Inventions and Utility Models

International protection applies to technical solutions, including:

• inventions—complex technical solutions (devices, methods, substances, systems, and new uses of known objects);
• utility models—technical improvements with a simpler structure.

Important: Utility models are not protected in all countries. Therefore, we first analyze the target markets and only then determine the optimal protection strategy.

For a technical solution to be patented, it must meet the following basic criteria:

novelty—the solution has not been disclosed in the prior art;

inventive step—the presence of a non-obvious technical feature (for inventions);

industrial applicability—the possibility of practical application.

Risk: Public disclosure of information prior to filing an application may compromise novelty. We recommend establishing a patenting strategy before any presentations, publications, or negotiations.

The process is carried out in stages:

Analysis of patentability and selection of a registration strategy

Preparation of the patent application (description, claims, drawings)

Filing of international (PCT) or national applications

Monitoring the examination process and responding to requests from the authorities

Obtaining a patent and monitoring its continued validity

PCT International Application

A practical option if a business plans to enter multiple markets or has not yet finalized its list of target countries.

Benefits of the PCT:

one application covers over 150 countries;

deferral of major expenses for up to ~30 months;

international search and preliminary assessment of patentability.

National Applications in Individual Countries

Recommended when key markets have already been identified.

Advantages:

faster acquisition of a local patent;

predictable budget;

adaptation to the requirements of a specific jurisdiction.

Right of Priority

International priority allows applications to be filed abroad within 12 months of the date of the first filing in Ukraine while retaining the priority date.

If a PCT application is filed, the deadline can be extended to 30 months, giving the business time to test markets and prepare an investment model

To begin the procedure, the following are required:

a technical description of the solution;

the formula of the invention or utility model;

drawings (if necessary);

information about the applicant and the inventor;

payment of official fees.

Invention—up to 20 years;

Utility model—up to 10 years (if such a form of protection is available in the country).

A patent remains in force through the payment of annual fees—we monitor these deadlines centrally.

Can a utility model be patented abroad?
Yes, but only in jurisdictions where this type of protection is available.

Is a Ukrainian patent valid abroad?
No. A separate international or national application is required.

Is international patenting suitable for startups?
Yes. Most often, a phased PCT strategy with deferred costs is used.