Design patent application in Ukraine

Applicants must file an electronic application or a traditional paper application with the Ukrainian Intellectual Property Office (IPO). The minimum requirements for filing a design patent application with the IPO are as follows:

• Name and address of applicant
• Name of the creator and country code of his/her residence
• Instruction Manual Attachments/Photos/Drawings
• Locarno Classification
• Brief description of the design

The following materials can be supplemented after the patent application is submitted:

• Certified copy of priority document
• Power of attorney if the applicant is a foreign entity
• Proof of payment of application fee

In Ukraine, multiple design applications can be filed for up to 100 designs if they meet the requirements of the same class and have the same applicant and designer. However, the IPO will examine each design individually and may ultimately decide to grant only some designs and deny protection for others.

Ukraine's industrial design system does not have a system of delayed publication .

Review and Appeals Process

The IPO does not conduct a substantive examination of the design patent. If the examiner raises any questions during the examination, the applicant can respond within 2 months from the receipt of the examination opinion. During the application examination process, the examiner will check whether the applicant or one of the applicants, or one of the authors, has any connection with the Russian Federation as an aggressor country. If a connection is confirmed, the IPO will reject the design patent application.

After successful completion of the examination and payment of the grant fee, the design will be granted and published in the Official Gazette. The patent certificate will be issued within 1 month after the grant notice is issued. The applicant may appeal to the Appeal Board within 2 months from the date of receipt of the IPO decision, provided that the grant fee has not been paid for the design patent. The applicant may further appeal to the court within 2 months from the date of receipt of the Appeal Board decision.

objection

Ukraine's Law on Industrial Design Protection does not include an opposition system. However, an application for invalidation may be filed with the IPO Appeals Board or the court at any time during or after the validity period of the design.

Average authorization time

In practice, the average time for obtaining a design patent in Ukraine is 8-10 months.

Expiration of rights

The design right holder may file a full or partial renunciation statement with the IPO to renounce the rights. If the annual fee is not paid, the design will also become invalid.