Global Patent GO - Ukraine - Introduction to Ukrainian Patent Applications

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Known as the "breadbasket of Europe" and the "bread basket of the Soviet Union," Ukraine is also the second largest country in Europe. It is the intersection of geopolitics between the EU and Russia and other CIS countries, and its geographical location is very important. The fertile black soil within its territory accounts for 64% of the cultivated land area, and the black soil area accounts for 25% of the world's total black soil. In 2021, its grain exports were second only to the United States, making it the second largest grain exporter in the world. In 2020, agricultural products accounted for Accounting for 45% of Ukraine’s total exports, it brought Ukraine US$22.4 billion in revenue. During this year, Ukraine exported a total of 6.9 million tons of sunflower oil, 431,000 tons of poultry, 81,000 tons of honey, and 55,000 tons of fruits. and 30,000 tons of noodles, and China is also the largest consumer of Ukrainian agricultural products.

Ukraine has rich resource reserves and has proven to have more than 80 types of rich ores that can be mined. High-quality coal mines and iron ores have made Ukraine the fourteenth largest steel producer in the world. The manganese ore exceeds 2.1 billion tons, which is the main source of manganese, iron and steel. It is a major resource and mining country of titanium, zirconium ores and non-metallic raw materials. Among the more than 20,000 deposits of 94 kinds of minerals in its territory, 9,051 have commercial value, and more than 4,000 of them have entered the development stage.

Such superior resource conditions and geographical location have made Ukraine a key investment area for the Soviet Union since ancient times. Industries such as metallurgy, chemicals, machinery manufacturing, aviation, aerospace, and shipbuilding have established a large number of top enterprises for the former Soviet Union, such as the only aircraft carrier. The final assembly plant - Nikolaev Shipyard, has built 9 aircraft carriers for the Soviet Union, the Southern Machinery Manufacturing Plant, which is famous for ballistic missiles, the Motor Sich Company, which specializes in the production of aviation turbine engines, and the design and production of Antonov Design Bureau of the world's largest transport aircraft An-225.

In 2021, Ukraine revised its own intellectual property laws, accelerating the European procedural process in terms of patent and trademark applications and intellectual property protection. (For information on the development status of Eurasian patents and Ukrainian patent applications, please refer to: Call for Papers Series | Russia vs Ukraine, who said the war will not burn intangible assets? | Depth | Leading global intellectual property industry technology media IPRDAILY.CN.COM )

Today we will take a look at Ukraine’s patent system.

Introduction to Ukrainian Patent System

1. Language for submitting Ukrainian patent application:

  • Ukrainian

2. Types of patent protection:

  • Inventions, utility models, designs

3. Ways for Chinese applicants to apply for patents in Ukraine:

  • Paris Convention, PCT international application enters Ukrainian national phase, European patent authorization takes effect in Ukraine, direct application

4. Review unit:

  • Ukrainian Intellectual Property Institute (UIPI)

5. Submit application:

  • Paper submission; electronic system submission; email submission

6. Review process

  • The applicant should provide proof of payment of official fees when submitting the patent application, and conduct a formal review of the patent application. The formal review will last approximately 3-4 months, and the substantive review must be initiated after the applicant pays the fee within 3 years from the date of application. , and the patent application will be authorized after all the patentability conditions are met.


Characteristics of Ukrainian patents

1. The applicant must apply for marketing authorization from Ukraine within 1 year after submitting the first marketing authorization application for a product in another country in order to obtain an SPC in Ukraine. If a patented medicine is used within 6 months before the expiration of the SPC to build up inventory of products to be sold after the patent expires, it will not be considered infringement.

2. Ukrainian patent law has introduced an opposition procedure six months after publication and an opposition procedure nine months after grant announcement to replace the previous long-term and expensive patent invalidation litigation. Grounds for pre-grant opposition include lack of novelty, inventive step, practical applicability, non-patentable subject matter (the invention is directed to a treatment method or a plant variety) or violation of moral principles. The grounds for post-grant opposition are limited to lack of novelty, inventive step and industrial applicability.

3. Those who need to purchase Ukrainian-related patented products can go to the official website of Ukraine: Patents, know-how, developments | EXCHANGE OF INDUSTRIAL PROPERTY (iii.ua)

Friendliness towards Chinese applicants:
★★★
The value of patent rights:
★★
Completeness of rights protection mechanism:
★★