Ukraine

What Can Be Protected As An Invention?

• Methods of treatment.
• Methods of diagnostics.
• Swiss-type claims (the first, second or subsequent medical use of a known substance or composition).
• Also technical solutions (products and/or methods) from any field of technology which after examination have been proven to be new (of novelty), inventive (possessing the inventive step), and industrially applicable.

What Cannot Be Protected As An Invention?

• Aesthetic and thereby non-technical creations.
• Game regulations and guidelines for intellectual and economic activity.
• Scientific theories, Discoveries, and Mathematical Methods.
• Plant and animal varieties as well as the biological means of obtaining them.
• Computer programs.
• Presentations of information.
• The modification of human genes as well as methods for cloning humans.
• The use of human embryos in commercial or industrial purposes.
• Any other invention contrary to morality or public policy.

Deadline: For national patent registration in Ukraine, the application would have to be filed with the Ukrainian Patent Office (UKRPATENT) within twelve (12) months from the priority date.

Representation: A foreign client must be represented at the Ukrainian Patent office by a registered Ukrainian Patent Attorney.

Translation: Application materials should be translated and filed in the Ukrainian language.

Formal Examination: The process for the examination of Patent Applications in Ukraine includes a formal examination within two (2) months after filing, for the crosschecking of required documentation. In the case of accurate documentation, a notification of the positive outcome of the formal examination will be issued.

Substantive Examination: A petition for substantive examination should be filed on the client’s request within three (3) years from the application filing date in which the invention will be checked for novelty, inventive step, and industrial applicability. The patent is issued or not, after the completion of the substantive examination and in accordance with the results of said examination.

Office Action: In case of Office Action, our Ukrainian Patent Attorney will carefully review the Office Action to provide a Legal Opinion and discuss with the Applicant options available in overcoming said Office Action.

Duration: The procedure for registration of a patent in Ukraine usually takes twelve (12) months in case of smooth registration.

Maintenance: Maintenance fees regarding the patent are required to be paid annually with annuity for the following year being made in the current year of validity.

Fees: If the applicant and the inventor are the same natural person, then the official fees (except the official fee for patent issuance) will be reduced by 90%. The patent is issued after payment of the relevant fees.

Validity: In Ukraine a patent is valid for twenty (20) years with a possibility to renew for another five (5) years.

Required documents for Filing a Patent Application in Ukraine:

• Applicant’s information (name and address);
• Inventor’s information (name and address);
• Description, claims, abstract and drawings, disclosing the invention;
• Original of the POA signed by applicant(s). Notarization or Legalization is not required