PATENT IN UKRAINE

MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Ukraine including patent search, patent translation, filing and further prosecution of an application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing applicants before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.

The validity term of a patent in Ukraine is 20 years from the filing date. For pharmaceutical patents and patents for agrochemicals, it is possible to apply for an extension of this term for an additional 5 years. In case a patent is extended the Supplementary Protection Certificate (SPC) will be issued.

The novelty grace period is 6 months from disclosure of the information on invention before filing an application or a priority date thereof if claimed.

Overview of the patent registration procedure in Ukraine:
After completion of the filing procedure, a Ukrainian patent application undergoes a formal examination lasting 2-3 months. On condition that an applicant submits all required documents, a notification about the positive result of the formal examination is issued. On the applicant's request, which should be filed within 3 years from the filing date, a substantive examination is conducted. If an invention meets the requirements of patentability, a grant decision will be issued. After payment of the registration and publication fees, a patent is issued. The term for payment of the prescribed fees is 3 months from the date of receipt of a grant decision.

The procedure of patent registration in Ukraine takes from 3 to 5 years.

Foreign applicants must be represented before the Office by a registered Ukrainian patent attorney.

What is required for filing a patent application in Ukraine:

filing instructions comprising the applicant's and inventor's names, addresses and citizenships;
a filing number and a date of a priority application or a PCT application;
a specification with claims, abstract and drawings;
a copy of the amendments, if any;
a Power of Attorney simply signed and stamped by the applicant(s), besides, the date and place of execution should be indicated. Legalization and notarization are not required unless it is signed by a proxy-holder. The executed PoA should be provided to the Ukrainian Patent Office within 2 months of filing the application.
for conventional applications - a certified copy of the priority document if priority is claimed (may be provided to the Ukrainian Patent Office within 3 months of filing the application).

Terms
The term for entering the Ukrainian national phase of a PCT application is 31 months from the priority date. The term for filing a conventional patent application in Ukraine is 12 months from the priority date.

For more information about patent registration in Ukraine or quotation for filing and prosecution of the Ukrainian patent application please contact us.