Amendments in Ukrainian IP legislation

The Cabinet of Ministers of Ukraine adopted Resolution No. 859 dated August 15, 2023 “On Amendments to the Procedure for the Payment of Fees for Actions Related to the Protection of Rights to Intellectual Property Objects” (hereinafter Resolution No. 859), which provides, in particular:

– new types of fees related to submission of objections by third parties against applications for inventions, cancellation of patents in an administrative procedure, obtaining a certificate of supplementary protection for inventions, conducting information searches, restoration of rights by applicants and right holders, etc.
– changing the wording of types of fees in accordance with the new terminology.
– increase in benefits from the payment of fees for non-profit institutions and organizations.

The Resolution No. 859 is available at the following link:п#top

We have highlighted the main changes below:
– some official fees have been revised.
– an official fee is now required to obtain a certificate of supplementary protection.
– annual fees for maintaining the supplementary protection certificate have been increased.
– to extend the validity of a design for an additional 5 years, an additional fee for extending the validity period is required to be paid.
– an official fee is now required for the submission of an application for the division of the application.
– added fees regarding the disposal of rights, such as waiver of rights to inventions and utility models.
– an official fee is now required for the submission of an application for the recognition of invention rights (utility model) invalid to the Appeals Chamber.

These amendments take effect from September 16, 2023.

If you have any questions, you can contact us for further consultation.