Patent registration in Ukraine – Any company that owns a patent and intends to expand its business in the Ukrainian market or create long-term value as well as find investors for their patent or license it their patents in the future should use the Ukrainian patent system. It is of utmost importance for businesses to file a patent application in Ukraine for inventions, even if the launch of the respective product on the Ukrainian market has not yet commenced.
Deadline for filing a patent application in Ukraine
The time limit for filing a patent application in Ukraine requesting the right of priority is 12 months from the date of receiving the priority right. The reinstatement of this time limit can be done within two months from the time the time limit expires.
Patent applications can be filed in any language and the filing date will be determined. However, the Ukrainian translation should be filed with the Patent Office within two months of the filing date.
It is necessary to provide the following information and documents in the application for patent registration in Ukraine:
- patent request with the name of the invention and applicant information;
- proof of payment of the application fee;
- invention description.
For patent applications claiming priority, a certified copy of the Priority Document must be provided within three months of the filing of the patent application in Ukraine. Translation of the priority document into Ukrainian is always not required, but may be required by the Patent Office in certain cases.
The Power of Attorney is not required to be legalized or notarized. This document may be provided at the same time as the application or within two months from the date of application.
Examination of patent applications in Ukraine
Ukrainian patent applications are subject to a substantive examination. Substantive due diligence is commenced after the respective request has been submitted and the official fee has been paid. The applicant must file the claim and pay the official fee within three years of submitting the application.
Patent validity and renewal
Patents in Ukraine are valid for twenty years from the date of filing. The annual maintenance fee prior to the year the patent is granted will be paid within four months of the patent date. The annual patent maintenance fee can be deferred with a penalty of 50% within 12 months after the expiration of the term.
It takes an average of 3-5 years from filing to get a patent in Ukraine.
Represented by a patent attorney
An international applicant for a patent in Ukraine should do a patent search in Ukraine through a law firm, an experienced patent attorney.