What Can Be Protected As An Invention?
What Cannot Be Protected As An Invention?
Deadline: For entry of a PCT Applications to the Ukrainian national phase, the patent application is required to be filed with the Ukrainian Patent Office (UANIPIO) within thirty-one (31) months from the earliest filing date of the priority application.
Representation: The client must be represented at the Ukrainian Patent Office (UANIPIO) 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 PCT Applications at the Ukrainian Patent Office (UANIPIO) includes a formal examination within two (2) months from the deadline for entering the application to the national stage, 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 between two (2) and five (5) years.
Patent Obtaining: The patent is issued after payment of the registration and publication fees for which the deadline is three (3) months from the date of receipt of the decision.
Validity: In Ukraine a patent is valid for twenty (20) years after the initial filing date. It is however possible for applications for pesticides, agrochemicals and pharmaceuticals to apply for and receive an extension of five (5) years on their patent.
Utility Model: A PCT Application for an invention entering into the national phase in Ukraine can be converted to a Utility Model at the stage of filing or examination. The relevant request can be processed by an authorized Ukrainian Patent Attorney.
Required documents for Filing a Patent Application at the Ukrainian Patent Office (UKRPATENT):
Click the following link for a detailed guide on filing patent application and PCT entry into the Ukraine National Phase from the perspective of a Ukrainian Patent Attorney.