• Patent fees

Fees associated with filing patent application in Ukraine as well as other patent fees are available in the fee calculator.

• 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 possible within two months from the lapsed term.

• Filing requirements in Ukraine

The patent application may be filed in any language, and the filing date will be established. However, the Ukrainian translation should be filed with the Patent Office within two months from the filing date.

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

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

For patent applications claiming priority it is necessary to provide the certified copy of the Priority Document within three months from filing the patent application in Ukraine. The translation of the priority document into Ukrainian is not required, but may be requested by the Patent Office under certain circumstances.

The legalisation or notarization of a Power of Attorney is not required. It may be provided simultaneously with filing or within two months from the filing date.

• Examination of the Ukrainian patent application

The Ukrainian patent application undergoes the substantive examination. The substantive examination is started after the corresponding request has been filed and the official fee has been paid. The applicant should file the request and pay the official fee within three years from filing the application.

• Opposition period

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

• Novelty grace period

The novelty of the invention is not disproved if the disclosure of the information about the invention was made within 6 months before filing an application (if the priority is claimed before the priority date) by the inventor, or by the person who received this information from the inventor directly or indirectly.

• Grant, validity and maintenance fees

The official fees for publication and issuance fee must be paid within three months from the date of receipt of the Decision to grant a patent. The extension of this term is possible for six additional months by paying an extra fee. The validity term of patents in Ukraine is 20 years from the filing date. The first post-grant annuities for the year when the patent is granted are paid within four months from the date of issuance of a patent. Late payment of the annual fee is possible with the 50% fine within 12 months after the expiration of the deadline.

• Duration of registration procedure

It takes an average of 3-5 years from filing up to grant of a patent in Ukraine.

• Utility Model

Inventions may also be protected as Utility Models in Ukraine, which are subject 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 attorney

It is required for foreigners to perform the patent prosecution in Ukraine through an agent, a registered Ukrainian patent attorney.

• Note

Online Search Database for Ukrainian Patents and Utility Models.

Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 09.04.2024
Please contact us if the above information is not in conformity with Ukrainian IP Laws