Guide for Ukraine Patent Application Process

Patent Trademark

Ukraine Profile

Ukraine is a republic located in Eastern Europe, bordering the Black Sea and the Sea of Azov in the south, Russia in the east, Belarus in the north, and Poland, Slovakia, Hungary, Romania, and Moldova in the west. The area is 603,700 square kilometers. The population is 41.17 million. The country is divided into 24 sRead more

Ukraine Profile

Ukraine is a republic located in Eastern Europe, bordering the Black Sea and the Sea of Azov in the south, Russia in the east, Belarus in the north, and Poland, Slovakia, Hungary, Romania, and Moldova in the west. The area is 603,700 square kilometers. The population is 41.17 million. The country is divided into 24 states, 1 autonomous republic, and 2 municipalities. The capital Kiev.

Ukrainian Intellectual Property Legal System

  • Invention and Utility Model Protection Act
  • Design Protection Act
  • Trademark Protection Act
  • Appellation of Origin Protection Act
  • Integrated Circuit Layout Design Protection Act
  • Copyright and Neighboring Rights Law

International Organizations and International Agreements

  • Paris Convention for the Protection of Industrial Property
  • "Patent Cooperation Treaty PCT"
  • Patent Law Treaty
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
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Filing Language
Ukrainian

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Ukrainian Intellectual Property Institute

English: Ukrainian Intellectual Property Institute, UKRPATENT

Website: Ukrpatent

Ukrainian invention patent search: Specialized DB "Inventions (Utility Models) in Ukraine" (uipv.org)

Filing Language: Ukrainian

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Ukrainian Translation   
  3. Viability Statement of Microorganism and Ukrainian Translation
  4. Power of Attorney
  5. Certified Priority Document
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry 
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Ukrainian Translation 
  6. Viability Statement of Microorganism and Ukrainian Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority
  9. Assignment for Patent Right Transfer

20 years

  • via Paris Convention: 12 months from earliest priority date.
  • via Nationalization of PCT: 31 months from earliest priority date.

UKRPATENT conducts formality examination and substantive examination for invention patent applications. The applicant needs to file a request for substantive examination and pay the prescribed fee within 3 years from the filing date.

The invention does not lose its novelty if the inventor, or a third party who directly or indirectly obtains relevant information from the inventor, discloses the invention information within 12 months before the filing date/priority date.

3-5 years

  • Grant Fee: The applicant shall pay the publication fee and grant fee within 3 months after receiving the grant notice.
  • Annuity: Annuity should be paid year by year starting from the 1st year from the filing date. The 1st annuity should be paid within 4 months after granted. If the annuity is overdue, the payment can be postponed within the 6-month grace period after the expiration of the period, and 50% of the annuity of the current year is required to be paid as a penalty.

Yes. Patent Office accepts “Unintentional” requests for restoration of the right of priority.

No

Yes. The applicant may request to change the patent type from Invention to Utility Model before the invention patent application is granted.

Name of Patent Office

Ukrainian Intellectual Property Institute

English: Ukrainian Intellectual Property Institute, UKRPATENT

Website: Ukrpatent

Ukrainian Utility Model Patent Search: Specialized DB "Inventions (Utility Models) in Ukraine" (uipv.org)

Filing Language: Ukrainian

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer
  5. Notification issued by CNIPA notify the applicant the application has passed through the security review.

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry 
  4. Power of Attorney
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer

10 years

  • via Paris Convention: 12 months from earliest priority date.
  • via Nationalization of PCT: 31 months from earliest priority date.

UKRPATENT only conducts formality examination for utility model applications. The objects protected by utility models are the same as those protected by invention patents (i.e. products, processes, new uses of known products and processes).

Novelty of the invention shall not be lost if the inventor, or a third party who directly or indirectly obtains relevant information from the inventor, discloses the invention information within 12 months before the filing date/priority date.

  • Grant Fee: The applicant shall pay the publication fee and grant fee within 3 months after receiving the granted notice.
  • Annuity: Annuity should be paid year by year starting from the 1st year from the filing date. The 1st annuity should be paid within 4 months after granted. If the annuity is overdue, the payment can be postponed within the 6-month grace period after the expiration of the period, and 50% of the annuity of the current year is required to be paid as a penalty.

12-14 months

Yes. Patent Office accepts “Unintentional” requests for restoration of the right of priority.

Yes. The applicant may request to change the patent type from Utility Model to Invention before granted.

No

Name of Patent Office

Ukrainian Intellectual Property Institute

English: Ukrainian Intellectual Property Institute, UKRPATENT

Website: Ukrpatent

Ukrainian Design Patent Search: Specialized DB "Inventions (Utility Models) in Ukraine" (uipv.org)

Filing Language: Ukrainian

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer

25 years

  • via Paris Convention : 6 months from earliest priority date.
  • Hague Agreement route: 6 months from earliest priority date.

UKRPATENT only conducts formality examination for utility model applications.

If the designer or a third party who directly or indirectly obtains relevant information from the designer discloses the design within 12 months before the filing date/priority date, the design will not lose its novelty.

  • Grant Fee: The applicant shall pay the grant fee within 3 months after receiving the granted notice.
  • Annuity: Annuity should be paid year by year starting from the 1st year of the filing date. If the annuity is overdue, the payment can be postponed within a grace period of 6 months after the expiration of the deadline, and 50% of the annuity of the current year is required to be paid as a penalty.

12-18 months

No

No

Yes. The multiple designs in the same classification may include in one design.

发明专利、实用新型及外观设计进入国家申请流程
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