DESIGNS REGISTRATION IN UKRAINE
Priority Deadline: For filing of a design application in Ukraine with claiming priority, the application would have to be filed within six (6) months from the earliest priority date. A certified copy of the priority application should be filed with the UPTO within 3 months following the design application filing date.
Novelty Period: The novelty grace period for a design in Ukraine is six (6) months after the disclosure of the design and before application filing or in case if priority is claimed, before the date of its priority.
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 Design Applications in Ukraine includes a formal examination within six (6) months after filing, for the crosschecking of required documentation. In the case of accurate documentation, the decision to grant the design certificate will be issued under the responsibility of the applicant.
Substantive Examination: There is no substantive application for Design applications in Ukraine.
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 design certificate in Ukraine usually takes nine (9) months in case of smooth registration.
Maintenance: Maintenance fees regarding the design certificate are required to be paid annually with annuity for the following year being made in the current year of validity. A six (6) month grace period is foreseen but will incur increase of the fees by 50%. A failure to pay maintenance fees can result in the cancellation of the design certificate.
Fees: If the applicant and the author are the same natural person, then the official fees (except the official fee for patent issuance) will be reduced by 80%. The design certificate is issued after payment of the relevant fees.
Validity: In Ukraine a design certificate is valid for five (5) years and can be prolonged every 5 years beginning from the application filing date, but no more than 5 times, i.e. the total term of exclusive right for the design certificate is 25 years.
Required documents for Filing a Design Application in Ukraine: