Patent registration in Ukraine. Ukraine is a country in Eastern Europe. Ukraine is a unitary republic under a semi-presidential system and a developing country. Due to its extensive fertile land, pre-war Ukraine was one of the largest grain exporters in the world. Although this country is currently at war with Russia which results in the downfall of many of its infrastructure, Ukraine has gained the world’s support and therefore, after the war has ended, this country will be the major spot for investment worldwide. Accordingly, to prepare for this, businesses should learn the procedure of patent registration in Ukraine which will be detailed in the article below.
Patent in Ukraine
According to Ukraine law, a patent in this country is a grant of a property right given by the Government to an inventor. With a patent, the inventor, or the patentee will have the right to exclude others from making, using, offering for sale, selling the invention in a country, or importing the invention into a country, along with other rights to protect their best interests.
To be patentable in Ukraine, an invention must satisfy the requirement of new, inventive, and industrially applicability.
In addition, an invention that is patentable can also be an improvement on existing items or methods.
The novelty grace period in Ukraine is 6 months from the filing date.
On the other hand, the subjects that are unpatentable in Ukraine are:
- Discoveries, laws of nature, and mathematical methods;
- Aesthetic designs;
- Systems, rules, and methods for the performance of mental labor, games or management, and computer programs;
- Presentation of data and abstract ideas.
Necessary documents for patent registration in Ukraine
The necessary documents for patent registration in Ukraine include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s names, addresses, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
The applicant can be filed in any language. However, a translation to Ukrainian needs to be provided to the IP Office within 2 months from the filing date.
The procedure for patent registration in Ukraine
To obtain a patent in Ukraine, the applicant needs to file their patent application to the IP Office of Ukraine.
After the formality examination, the substantive examination will begin provided that the applicant has filed a separate request for such examination to be conducted.
The request should be filed within 3 years from the filing date and the examination will start after the official fee has been paid.
Regarding opposition, any third parties who feel like their rights have been violated may file an opposition within 6 months after the publication date of the application.
The IP Office of Ukraine will forward the opposition to the applicant. The applicant may submit a response or make amendments to the application. The response timeframe is 2 months from the date of receipt of the opposition request.
The examiners will review the opinions of both parties and issue a final conclusion on the matter.
If there is no opposition or the opposition has been resolved with the winning side being the applicant, the patent will be granted to the applicant following the full payment of the official fees.
A patent in Ukraine will be valid for 20 years from the filing date. Annuities must be paid yearly to maintain this validity. Late payment is possible within 12 months after the deadline, along with a 50% surcharge.
Please find the list of Ukraine IP Firms here.