Can I switch from an "Invention" to a "Utility Model" during examination?

Yes. If during the substantive examination it appears the invention lacks an "inventive step," you can convert the application into a Utility Model before issuance of the grant or refusal decision. This allows you to still obtain protection (as utility models do not require an inventive step), though the term will be 10 years instead of 20.

Are there any "hidden" translation requirements for PCT entry?

The Ukrainian IP Office accepts materials only in Ukrainian. While you can file the application in English to "freeze" the date, a high-quality translation must be submitted within 2 months. Poor translation is a common reason for office actions that delay the process by 6–12 months.

What happens if I miss the 31-month PCT national phase deadline?

Ukrainian law allows for the restoration of rights within 12 months after the missed deadline, provided you can prove the delay was "unintentional." However, this incurs additional official fees and requires a formal petition.

How do maintenance fees (annuities) work in Ukraine?

Maintenance fees must be paid every year to keep the patent active. Annuities are not due during the examination phase — the first annuity falls due within 4 months of the patent grant date. For PCT applications entering the Ukrainian national phase, no "back annuities" for years elapsed during the international phase are required.

Can I file a "Divisional Application" in Ukraine at any time?

No. Unlike some other jurisdictions, in Ukraine, a divisional application can only be filed before the final decision on the initial application is made. Once a grant or refusal decision is issued, this window closes.

What is the "Submarine Patent" risk in Ukraine?

Like most countries, Ukraine keeps applications confidential for 18 months. This means a search today will not show applications filed in the last year and a half. We recommend a "gap search" 18 months after your initial filing to ensure no new competitors have emerged.

Does the "Grace Period" apply to international disclosures?

Yes, the 6-month grace period in Ukraine covers any disclosure made by the inventor anywhere in the world (for example, at an international exhibition or in a scientific journal).

Patent Registration in Ukraine

Filing, prosecution and protection of inventions for international companies and patent attorneys

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Patent registration in Ukraine allows inventors and companies to obtain legal protection for technical solutions — including devices, substances, strains of microorganisms, cell cultures of plants or animals and other patentable subject matter — as well as for processes and methods. The procedure is handled by the Ukrainian National Office for Intellectual Property and Innovations and includes filing, formal examination, substantive examination and grant of the patent. Ukraine is a member of the Paris Convention and the PCT system, allowing applicants to claim priority from earlier applications and use international filing routes.

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. Our patent attorneys have handled thousands of filings across Eastern Europe.

Routes to Obtain Patent Protection in Ukraine

Patent protection in Ukraine may be obtained by filing a national patent application directly with the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO).

In the case of a PCT application, protection in Ukraine may be pursued by entering the national phase before UANIPIO.

Inventions may also be protected as Utility Models in Ukraine. Utility models are granted without a substantive examination and the maximum term of protection is 10 years from the filing date, subject to the payment of annual maintenance fees.

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

Patentability Requirements in Ukraine

To obtain a patent in Ukraine, an invention must comply with the standard patentability criteria established by Ukrainian patent law.

Novelty — the invention must not form part of the state of the art, meaning it must not have been disclosed anywhere in the world before the filing date or the priority date, if claimed.
Inventive Step — the invention must not be obvious to a person skilled in the relevant technical field.
Industrial Applicability — the invention must be capable of being used in industry or another practical field.

During substantive examination, the Ukrainian patent office evaluates whether the application meets these requirements before granting the patent.

Key Facts About Patent Protection in Ukraine

Years Validity

Standard validity term of a patent in Ukraine from filing date

Months (PCT)

The term for entering the Ukrainian national phase of a PCT application

Months Grace

Novelty grace period from disclosure of information on the invention before filing or priority date, if priority is claimed

Months (Conv.)

The term for filing a conventional patent application in Ukraine

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.

Note: UANIPIO remains fully operational. The wartime suspension of IP deadlines that had been in effect since April 2022 was lifted by law effective 31 May 2025, and standard timelines for all IP procedures are now fully restored.

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Patent Registration Procedure in Ukraine

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

Step 1

Filing & Formal Examination

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 is issued.

Step 2

Substantive Examination

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.

Step 3

Grant & Publication

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.

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Patent Attorney at MSP

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“Unlike many other jurisdictions, Ukraine does not allow patent protection for methods of treatment, surgery or diagnostics for humans or animals. However, you can patent the substances, compositions or devices used in such methods.”

Required Documents and Information

The documents required to file a patent application in Ukraine are listed below. Please note that some must be submitted at the time of filing, while others may be provided within a set period after the application date.

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

Required at Filing

Filing instructions

Comprising the applicant's and inventor's names, addresses and citizenships.

Technical files

A specification with claims, abstract and drawings.

Application data

A filing number and a date of a priority application or a PCT application.

Note:

All documents should be provided in high-quality PDF format. Please ensure that all signatures are clearly visible. A copy of the amendments may be submitted if applicable.

May be submitted after filing

Power of Attorney

Signed and stamped by the applicant(s). Legalization and notarization are not required, unless it is signed by a proxy-holder.

Deadline: 2 months from filing date

Ukrainian Translation

A full Ukrainian translation of the application, if filed in a language other than Ukrainian.

Deadline: 2 months from filing date

Priority Document

For conventional applications — a certified copy of the priority document if priority is claimed.

Deadline: 3 months from filing date

Patent Budget Structure in Ukraine

The total investment required for patent registration in Ukraine is not fixed and depends on several critical factors. These include the technical complexity of the invention, the number of claims in the application, the requirement to provide the Ukrainian translation and the specific legal strategy chosen for protection before the Ukrainian Intellectual Property Office (UANIPIO).

Typically, the patenting budget consists of three primary components: official government fees, professional attorney fees and associated costs.

Official Government Fees

Application Stage

Filing and grant each trigger a separate official fee, set by UANIPIO

Applicant Status

Official fees differ depending on whether the applicant is a legal entity or an individual

Substantive Examination

A separate official fee applies

Maintenance & Annuities

Annual renewal payments, required to keep the patent in force

IP Transfer & Licensing

An official fee applies when recording a transfer or license agreement with UANIPIO

Professional Attorney Fees

Application Preparation & Filing

Calculated based on the volume of the specification, the number of claims and the complexity of the technical drawings

Prosecution & Grant

Covers the substantive examination request and completing the process through to grant

Assignments & Licensing

Per agreement — attorney fee for preparing and recording IP transfer or license agreements (official fee applies separately)

Associated Expenses

Patent Search

Flat fee per report (based on invention complexity, number of technical features and scope of the prior art search)

Patent Translation

Billed per 100 words (English to Ukrainian)

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Frequently Asked Questions

Can I switch from an "Invention" to a "Utility Model" during examination? +

Yes. If during the substantive examination it appears the invention lacks an "inventive step," you can convert the application into a Utility Model before issuance of the grant or refusal decision. This allows you to still obtain protection (as UMs don't require an inventive step), though the term will be 10 years instead of 20.
Are there any "hidden" translation requirements for PCT entry? +

The Ukrainian IP Office accepts materials only in Ukrainian. While you can file the application in English to "freeze" the date, a high-quality translation must be submitted within 2 months. Poor translation is a common reason for office actions that delay the process by 6–12 months.
What happens if I miss the 31-month PCT national phase deadline? +

Ukrainian law allows for the restoration of rights within 12 months after the missed deadline, provided you can prove the delay was "unintentional." However, this incurs additional official fees and requires a formal petition.
How do maintenance fees (annuities) work in Ukraine? +

Maintenance fees must be paid every year to keep the patent active. Annuities are not due during the examination phase — the first annuity falls due within 4 months of the patent grant date. For PCT applications entering the Ukrainian national phase, no "back annuities" for years elapsed during the international phase are required.

Can I file a "Divisional Application" in Ukraine at any time? +

No. Unlike some other jurisdictions, in Ukraine, a divisional application can only be filed before the final decision on the initial application is made. Once a grant or refusal decision is issued, this window closes.
What is the "Submarine Patent" risk in Ukraine? +

Like most countries, Ukraine keeps applications confidential for 18 months. This means a search today won't show applications filed in the last year and a half. We recommend a "gap search" 18 months after your initial filing to ensure no new competitors have emerged.
Does the "Grace Period" apply to international disclosures? +

Yes, the 6-month grace period in Ukraine covers any disclosure made by the inventor anywhere in the world (e.g., at an international exhibition or in a scientific journal).