Patent registration in Ukraine

Posted by Thomas Shaw on December 29th, 2020

Patent fees
Costs connected with filing patent application in Ukraine too as other patent fees are obtainable inside the fee calculator. Get far more facts about Регистрация изобретений в Украине

Term for filing the patent application in Ukraine
The deadline for filing a patent application in Ukraine claiming priority is 12 months from the date of priority. The restoration of this term is probable inside two months from the lapsed term.

Filing requirements in Ukraine
The patent application may very well be filed in any language, and also the filing date will likely be established. Even so, the Ukrainian translation must be filed with the Patent Office within two months in the filing date.

To receive the date of filing a patent application in Ukraine really should contain:

- a request to grant a patent;
- facts about the applicant(s);
- materials that seem to be a description of an invention in any language.

For patent applications claiming priority it can be necessary to supply the certified copy of your Priority Document inside 3 months from filing the patent application in Ukraine. The translation of your priority document into Ukrainian just isn't essential, but might be requested by the Patent Office below certain situations.

The legalisation or notarization of a Power of Attorney is just not necessary. It may be offered simultaneously with filing or inside two months from the filing date.

Examination in the Ukrainian patent application
The Ukrainian patent application undergoes the substantive examination. The substantive examination is started just after the corresponding request has been filed along with the official charge has been paid. The applicant really should file the request and spend the official charge within three years from filing the application.

Opposition period
Any third party may possibly file an opposition towards the application by paying the corresponding fee inside 6 months from the date of publication. The Patent Office sends a copy of such an objection towards the applicant, who has the best to submit a reasoned response, as well as amend the application within two months from the receipt date from the objection. The results from the consideration thereof are reflected in the corresponding conclusion of your Examination Board.

Novelty grace period
The novelty of the invention just isn't disproved if the disclosure with the data concerning the invention was created inside 6 months before filing an application (when the priority is claimed prior to the priority date) by the inventor, or by the individual who received this data in the inventor directly or indirectly.

Grant, validity and upkeep costs
The official charges for publication and issuance fee have to be paid inside three months from the date of receipt of your Choice to grant a patent. The extension of this term is doable for six more months by paying an further fee. The validity term of patents in Ukraine is 20 years in the filing date. The very first post-grant annuities for the year when the patent is granted are paid inside 4 months from the date of issuance of a patent. Late payment of your annual charge is attainable with all the 50% fine within 12 months right after the expiration of the deadline.

Duration of registration procedure
It takes an typical of 3-5 years from filing up to grant of a patent in Ukraine.

Utility Model
Inventions may possibly also be protected as Utility Models in Ukraine, which are topic to formal examination only. The objects of Utility Models to which the legal protection is granted are devices and processes only. Maximum protection period of a utility model in Ukraine is ten years from the date of filing.

Representation by a patent lawyer
It truly is required for foreigners to execute the patent prosecution in Ukraine by means of an agent, a registered Ukrainian patent lawyer.