Ukraine

Online Quotation for Entry of PCT Applications to the Ukrainian national phase at the Ukrainian Patent Office (UKRPATENT), is available in a second with PAT-ROLL.

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 entry of a PCT Applications to the Ukrainian national phase, the patent application is required to be filed with the Ukrainian Patent Office (UKRPATENT) 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 (UKRPATENT) 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 (UKRPATENT) includes a formal examination within two (2) to three (3) 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 between two (2) and five (5) years.

Fees: 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.

  • In Ukraine a Utility Model is valid ten (10) years from the date of filing.

Required documents for Filing a Patent Application at the Ukrainian Patent Office (UKRPATENT):

  • Applicant’s information (name and address);
  • Inventor’s information (name and address);
  • Description, claim, abstract and drawings, which were finally accepted and published by WIPO;
  • Original of the POA signed by applicant(s). Notarization or Legalization is not required.

In filing PCT applications to Ukraine applicants usually file also to Russian national phase which is the biggest market of the CIS. Kindly find quotations and further details on PCT Filings to Russia here.

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.