SCIT.ATR.PI.2004.UA

Annual Technical Report 2004 on Patent Information Activities submitted by Ukraine (SCIT/ATR/PI/2004/UA)

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The term "patent" covers utility models and Supplementary Protection Certificates (SPCs). Offices which issue design patents should report their design patent information activities in their Annual Technical Reports on Industrial Design Information Activities.

I. Evolution of patent activities

According to the provisions of the Civil Code of Ukraine, adopted by the Verkhovna Rada (the Parliament of Ukraine) on January 16, 2003, inventions are protected by the single title of protection – patent with the 20-year term. That is why, effective from January 1, 2004 the State Department of Intellectual Property (hereinafter referred to as the State Department) discontinued receiving applications for the grant of patents for inventions with the 6-year term of validity. Due to this fact the number of applications for inventions decreased by half. At the same time the number of applications for utility models considerably increased.

Changes experienced in terms of application filing and grants with respect to the previous year:
Inventions
Applications filed:
in 2003 – 12,605, in 2004 – 5,778, i.e. 54% less than the previous year.
Patents granted:
in 2003 – 10,983, in 2004 – 9,907, less by 10%.

Utility models
Applications filed:
in 2003 – 839, in 2004 – 5,232, increase by 6,2 times.
Patents granted:
in 2003 – 672, in 2004 – 1,853, increase by 2,7 times with respect to the previous year.

Trends or areas experiencing rapid changes with respect to the previous year: class A61 – “Medical or veterinary science; hygiene” (14,3% applications filed), class A01 – “Agriculture; forestry; animal husbandry… ” (5,1%), class C07 – “Organic chemistry” (7,4%).

II. Matters concerning the generation, reproduction, distribution and use of primary and secondary sources of patent information

The main publications of the State Department concerning inventions and utility models are the normative documents, the official bulletin “Promyslova Vlasnist” (“Industrial Property”) and the Ukrainian patent specifications for inventions and utility models.
The Ukrainian legislation provides for the publication of patent specifications within 3 months as of the date of the publication of the announcement on the grant of the patent. However, due to the new technology of the specifications processing and their preparation for publication put into practice in 2003, the duration of these procedures was considerably reduced. The reproduction of the specifications may be carried out as early as on the next day after the official registration of the patents. The publication of specifications and their distribution is completed within 30 days after the registration. 12,201 Ukrainian patent specifications were published during the year 2004.
The official bulletin “Promyslova Vlasnist” is published in two books: Book 1 “Inventions, Utility Models, Topographies of Integrated Circuits” and Book 2 “Industrial Designs, Marks for Goods and Services, Qualified Appellations of Origin of Goods”. 12 issues of the official bulletin were published in 2004.
In every issue of the “Promyslova Vlasnist” bulletin the current systematic and numerical indexes of the pending applications for inventions and of the patents for inventions and utility models are published. Besides the above-mentioned, the Annual Index to the official bulletin also comprises the numerical index of applications for patents granted for inventions and utility models, the name index of authors of inventions and the name indexes of owners of patents for inventions and utility models.
During 2004 the official bulletin “Promyslova Vlasnist” and the Ukrainian patent specifications were delivered free of charge to the State Scientific and Technical Library, the Ukrainian Institute of Scientific, Technical and Economic Information and 22 Scientific, Technical and Economic Information Centres in different regions of Ukraine. This publication was also disseminated by subscription.
In 2004 the patent documentation of Ukraine was also published on optical data carriers. Thus, during the year under review, 9,410 Ukrainian patents were published on the regional CD-ROM “CISPATENT” issued jointly by the CIS countries. The technical executor and coordinator of the project on the issue of the above-mentioned CD-ROM is the Russian Patent Office (Rospatent). The Ukrainian patent documents constitute more than 27% of the total number of patent documents of the participant offices, published on the “CISPATENT” CD-ROM in 2004. The Ukrainian patent documentation made available on CD-ROM includes bibliographic data and abstracts in 3 languages (Ukrainian, Russian and English) and complete patent specifications only in Ukrainian. Search is carried out in Russian and English bibliographic data with the help of the search software MIMOSA.
Activities on the creation of the national CD-ROM “Vynakhody v Ukraini” (“Inventions in Ukraine”) and the electronic official bulletin “Promyslova Vlasnist” (“Industrial Property”) on CD-ROM were carried out.
A notification on the sources of patent information available in Ukraine was published in the special Section of the State Department website in the Internet (www.sdip.gov.ua).
In the year 2004 the publication of the scientific and practical periodical “Intelektualna Vlasnist”(“Intellectual Property”) continued. Therein theoretical and practical issues of the legal protection of intellectual property were elucidated, the official information, normative documents and comments on them, consultations of experts were placed. The periodical is published in Ukrainian and its contents and annotations of the articles (starting with issue No.12/2003) – also in Russian and English. Since then, the information on the news, the content, the articles and other useful and interesting materials concerning the national system of intellectual property protection placed on the pages of the scientific and practical journal “Intellectual Property”, as well as information on the activity of its editor’s, are available from the own web-site of the journal at the following address: www.intelvlas.com.ua.

III. Matters concerning abstracting, classifying, reclassifying and indexing of technical information contained in patent documents

Activities on the abstracting of all the patents for publication of the regional CD-ROM “CISPATENT” were carried out. The abstracts are drafted in 3 languages (Ukrainian, Russian and English).
The seventh edition of the International Patent Classification was used for the classifying of inventions and utility models.

IV. Search file establishment and upkeep

The Patent Informational Base (PIB) with its reference and search tools, the search file of the examination body – the State Enterprise “Ukrainian Industrial Property Institute” (Ukrpatent) – responsible for carrying out the substantive examination of applications for inventions – has been in operation since July 1, 1997. In 2004 the updating of the PIB by the patent documents received by the State Department and Ukrpatent within the framework of international cooperation with foreign patent offices, regional and international organizations was in progress.
By the end of 2004 the PIB collection contained patent documentation (official bulletins, specifications and patent document abstracts) of 7 foreign countries (the United Kingdom, Germany, France, Switzerland – abstracts on GlobalPat discs; Russia and the USA – complete patent specifications; Japan – specifications and English-language abstracts), as well as of three international and regional organizations (WIPO, the EPO – abstracts and complete specifications, the EAPO – the official bulletin on paper carrier). Ukrainian patent specifications are available on paper carrier, and since 2002 they are also presented on electronic carrier (joint patent information product of the CIS countries on CD-ROM CISPATENT). A total volume of the PIB collection on CD-ROM and DVD-ROM as of January 1, 2005 amounted to 10,341 discs.
During the year 2004 the patent documentation was received from 49 foreign countries, three international and regional organizations, including the patent documentation received in the framework of international exchange from 42 countries and 2 regional organizations.
In 2004, besides the patent documentation that permanently comes in the framework of international cooperation (ESPACE-EP-A, ESPACE-EP-B, ESPACE-ACCESS, ACCESS-B, ESPACE-WORLD, USAPAT, USApp, PCT Gazette, “Патенты России” (“Patents of Russia”), ESPACE-LEGAL, ESPACE-BULLETIN, CISPATENT), the PIB received such patent information products:
- from WIPO – the IP-LEX disc that contains texts of laws and international agreements in the sphere of intellectual property (release of 2003), as well as replenishment of the GlobalPat collection with the documentation up to the end of 2003 inclusive;
- from Rospatent – specifications of inventions to the USSR authors’ certificates and patents, Russian patents for the period 1924-1993 on DVD.
In the year 2004, external databases available on the Internet were used for the purposes of patent information search, in particular: esp@cenet, the Industrial Property Digital Libraries (IPDLs) available on the sites of such Patent Offices as the USPTO, the Japan Patent Office, the German Patent and Trademark Office and of WIPO.
For the extension of the list of patent classifications as the search tools used while searching in the databases of the foreign patent offices “Recommendations on the Use of Patent Classifications ECLA, FI and F-terms for Patent Documentation Search on the Internet” was developed.

V. Activities in the field of computerized and other mechanized search systems

In 2004, the implementation of all-round automation of the technological process of application examination, patent search, preparation of grant decisions, support of the state registration of industrial property rights and the official publication of information concerning them using up-to-date computers, information and telecommunication technologies continued at the examination body (Ukrpatent).
A tendency to an increase of the number of patent applications filed requires continuous upgrading and developing of the computer-informational environment, namely: implementation of software tools extending the functionalities of the existing automated systems, creating new systems and databases and expanding the local computer network.
In April 2004 the centralized application registration technology for industrial property rights, including applications for inventions and utility models, was put in operation in Ukrpatent. This technology provides for:
automatic numeration of the filed applications;
introduction of the minimum information about the application, sufficient for its identification into the electronic register;
printing out of a receipt for the applicant;
possibility of reviewing the history of all documents filed in connection with the application, etc.
Activities directed on the implementation of the on-line system of electronic filing of applications for inventions and utility models in which, particularly, in case of electronic filing of applications the input of data into the centralized application register and the automatic numeration of applications will be carried out without participation of the operator, were carried out.
All the complex of activities related to the texts processing, automaton of inventions and utility models applications processing is carried out by the facilities of the “Vynakhody” (“Inventions”) automated system. The AS “Vynakhody” comprises a program system for the verification of classification symbols.
The complex of works on the reclassification of all documents in the databases to the seventh edition of the International Patent Classification (IPC) was carried out in 2004. The project decisions on the implementation of the eighth edition of the International Patent Classification in the AS “Vynakhody” were developed.
By December 31, 2004 the AS “Vynakhody” database comprised the data of 114,664 applications for inventions and utility models. During 2004 it was updated with the data of 11,006 applications.
In order to accelerate the search and to avoid errors in the forming of a search query, as well as to provide reference information, the electronic dictionaries comprising information on patent attorneys, the text of the IPC, the tables of the valid IPC symbols, reference lists of the titles of the symbols, classifiers of input and output documents (letters, applications, petitions, etc.), classifications of the types of fees, the normative-reference and auxiliary information were integrated into the AS “Vynakhody” database.
The activities on the creation of the search database “Vynakhody Zarubizhnych Krain” (“Inventions of Foreign Countries”) started in 2004. The program facilities were developed for converting data from the optical disc CD-ROM carriers (26 data structures) for integrating them into the sole structure of the search database “Vynakhody Zarubizhnych Krain” (“Inventions of Foreign Countries”) were developed. This database is designated for internal use in Ukrpatent.
During the year 2004 users had an access via the Internet (www.ukrpatent.org) to the domestic interactive specialized database “Vynakhody v Ukraini” (“Inventions in Ukraine”) comprising bibliographic data, abstracts, patent claims and patent specifications. Bibliographic data and abstracts were presented in one of the two languages (either Ukrainian or Russian) up till 2001, and in three languages (Ukrainian, English and Russian) – since 2002. Patent claims and patent specifications are presented in the above-mentioned database only in the original languages: Ukrainian or Russian (the latter for the patents registered in Ukraine before 2000).
In 2004, with the purpose of the implementation of the provisions of the WIPO document “Principles Concerning the Changeover to Electronic Data Carriers for the Exchange of Patent Documents“ the program complex for the formation of information arrays and production of the national CD-ROM “Vynakhody v Ukraini” (“Inventions in Ukraine”) containing the domestic patent documentation and the electronic publication and production of the official bulletin “Promyslova Vlasnist” (“Industrial Property”) on CD-ROM was created at Ukrpatent. A modernization of the “Publications (Annual Indexes)” workstation was performed.

VI. Administration of the industrial property office library and services available to the public (relating to facilities, e.g., for lodging applications, for assisting clients on searching procedures, for obtaining official publications and registry extracts)

The Public Fund of Patent Documentation (PFPD) is the patent library available to the public, that is in operation since 1999. In PFPD, the updating of which is realized in line with the public informational needs, the patent documentation of 61 countries is represented (including 31 countries with which Ukraine is maintaining international scientific and technical, in particular, military and technical cooperation) as well as patent documentation of three international and regional organizations (WIPO, the EPO and the OAPI); official bulletins mostly on paper carrier and abstracts as well as specifications mostly on CD-ROM or DVD-ROM. In the framework of cooperation with the EPO the GlobalPat disc collection was replenished with the documentation up to the end of 2003 inclusive. At the end of 2004 the PFPD contained 14,301 official bulletins and 160,693 specifications of inventions on paper carrier, and its collection of patent documentation on optical discs reached 9,119 items. The composition of PFPD and its quarterly updates are published in the Section “Information Resources” on the website of the State Department (http://www.sdip.gov.ua).
Besides patent documentation, PFPD was supplied with the main Ukrainian periodicals, legal and methodical literature.
Upon request of the users PFPD provided printouts of patent documents, rendered services and offered advice on the drafting of applications for inventions and utility models. Extracts from the Ukrainian State Registers of patents for inventions and utility models were issued on request.

VII. Matters concerning mutual exchange of patent documentation and information

In 2004 Ukrpatent received patent documentation from 49 countries and 3 international and regional organizations (WIPO, the EPO and the EAPO), including those received within the international exchange framework – from 42 countries and 2 regional organizations, in particular, official bulletins, containing information concerning inventions of 36 national offices.
In 2004 some changes took place in the international exchange of patent documentation: the supply of the Ukrainian patent documentation to some offices was discontinued upon their request because now it is possible to access it via the Internet. Since 2004 the patent documentation being received in the framework of exchange, namely the official bulletin of Russia “Tovarniye Znaki” (“Trademarks”), bulletins of Uzbekistan and of the United Kingdom, are available on CD-ROM. The supply of patent documentation from Japan was renewed after its earlier discontinuation due to the customs problems in 2002.
With the purpose of implementation of the WIPO document “Principles Concerning the Changeover to Electronic Data Carriers for the Exchange of Patent Documents“ in the year 2004 continued the participation of Ukraine in the realization of the Agreement on the issue of the joint regional patent information product of the CIS countries on CD-ROM – CISPATENT, signed by the patent offices of Belarus, Armenia, Georgia, Moldova, Russia, Tajikistan, Uzbekistan, Ukraine and the Eurasian Patent Office. The use of this disc for the purposes of international exchange must be accomplished in a centralized way through Rospatent, which is the coordinator of the above-mentioned project.
Preparatory works have been carried out on the transition of Ukraine in 2005 to the publication of the national patent documentation on electronic carriers for the exchange of patent documentation. Works on the issue of the national CD-ROM “Vynakhody v Ukraini” (“Inventions in Ukraine”) to be used for the bilateral exchange with the foreign patent offices have been completed.
With the purpose of extension of the patent documentation exchange with the EPO during 2004 bibliographic data and English abstracts to Ukrainian patents were monthly sent to this office by e-mail for their introduction to the EPO databases, in particular to INPADOC, as well as to esp@cenet system. The data were processed by the EPO specialists during the year under review and were included into the EPO database in April 2005. According to the prior agreements, since November 2004 the complete free of charge access to the database “Inventions in Ukraine” was given to the EPO.

VIII. Other relevant matters concerning education and training in, and promotion of, the use of patent information, including technical assistance to developing countries

One of the tasks of the State Department is the coordination of activities concerning the development, improvement and functioning of the system for training of intellectual property specialists in Ukraine. Today 16 institutions of higher education in Ukraine hold a licence for specialist’s and master’s degree training in the field of intellectual property with the total licence capacity of about 1,100 persons per year. In order to improve the system of higher educational institutions, which implement educational-professional and professional programs of training, improvement and upgrading of qualification in the sphere of intellectual property, the State Department has initiated the creation of the educational scientific and production complex “Academy of Intellectual Property”. The Complex is defined as the leading institution in training, improvement and upgrading of qualification of experts in the sphere of intellectual property. The Institute of Intellectual Property and Law (IIPL) which is the main institution for training and raising the skill level of the professionals in the field of intellectual property and the lecturers, and also for developing curriculums, training programs and teaching and methodical literature, in particular, in the subject “Intellectual property basics” for secondary education institutions is charged with the function of the coordination of the research, teaching and educational activities of the Complex.
In order to establish the system of continuous education and increasing awareness of the public in the sphere of intellectual property, IIPL developed an Internet-platform for distance learning under the WIPO World Wide Academy DL-101 “General Course on Intellectual Property”.
During the year under review, 30 Ukrpatent examiners improved their English language skills in the sphere of technical translation.
In 2004 the State Department has organized and held in cooperation with Ukrpatent 16 conferences and seminars on the protection of intellectual property rights, in particular: the seminar “State and Perspectives of the Introduction of the System of Electronic Filing of Applications for Industrial Property Rights Protection in Ukraine”, took part in the WIPO educational seminar for Ukrpatent examiners and specialists on the implementation of the 8th edition of the International Patent Classification in Ukraine, held the VIII International scientific and practical conference “Actual Issues of Intellectual Property Protection”. Proceedings of the seminars and conferences are published in the special section on the website of the State Department (http://www.sdip.gov.ua).
During 2004 the Ukrainian Center for Innovation and Patent Information Services (branch of Ukrpatent) held a number of seminars for the intellectual property system users. The seminars proceedings can be found in the special section of its website (www.ip-centr.kiev.ua).
In order to assist the promotion of the creative activity and to rise the level of comprehension by the society of importance of the practical enforcement of intellectual property rights, the State Department has organized and held a number of contests, in particular, such as “Effective Implementation – a Way to Prosperity”, “Invention-2004” and the All-Ukrainian contest for the WIPO award. The winners of the contests were awarded by Diplomas, prizes, and medals.
In order to foster the dissemination of information concerning the national system for the protection of intellectual property, to facilitate the acquisition of intellectual property rights, popularization of knowledge in the indicated sphere, monographs, textbooks, training and practical aids, proceedings of the conferences and seminars, popular editions, which are also used in the system for training and upgrading of qualification of specialists in the sphere of intellectual property, including examiners, are regularly prepared and published. During the year under review, in particular, were issued:
- Legislation of Ukraine on Intellectual Property: In 2 volumes;
- Industrial Property in Ukraine: Issues of Legal Protection: Collection;
- Industrial Property in Figures: Activities of the State Department of Intellectual Property in 2003 (issued every half year and the final issue annually);
- Practical Recommendations “Drafting an Application for Invention”;
- Examination of the Industrial Property Objects: Application for Invention and Utility Model;
- Recommendations on the Use of Patent Classifications: ECLA, FI and F-terms for Patent Documentation Search on the Internet;
- Marketing of Intellectual Property: Training aid;
- Popularly about Intellectual Property.

The activities of the system of intellectual property in Ukraine were regularly elucidated by mass media.

IX. Other relevant matters