Ukraine Patent Law
The patent in Ukraine are governed by the in Law on the Protection of Rights to Inventions and Utility Models, in force since July 1, 1994, last amended on October 16, 2012.
Ukraine is member of the following IP agreements and conventions
-Paris Convention, as of December 25, 1991.
-Patent Cooperation Treaty, as of December 25, 1991.
-(Not a member of Eurasian Patent Convention).
Official Language is Ukrainian. Specification, claims and abstract (to be translated into Ukrainian; if filed in another language, the translation must be submitted within two (2) months from the filing date).
- Simply signed Power of Attorney (POA)
(may be filed within two months from the filing date).
- (If apply) Certified copy of priority document if convention priority is claimed (can be filed within three months from the application filing date);
Ukraine Patent Registration Procedure
The patent application need to be filed at the Ukrainian Institute of Intellectual Property (UKRPATENT).
After completion of the filing procedure the application undergoes preliminary and formal examination. As a result of the formal examination a decision concerning acceptance of the application for further examination is issued by the Patent Office. The patent application is published after expiration of 18 months from the application filing date or priority date (if any). The request for substantial examination can be filed within 3 years from the application filing date. On condition of payment of the Official Fee, the substantial examination is conducted. If the invention meets the requirements of protectability the grant decision is issued. Upon payment of the official registration and publication fees the patent is issued and published. Opposition: possible, before court only.
The approximate timeframe of obtaining a patent is about 3-4 years.
The patent is Issued after formal and full examination and it is valid for 20 years from the filing date; declaratory patent (formal examination) – valid six years as of the filing date.
Accumulated and due after the grant of the patent; subsequent annuities are payable after the anniversary of the filing date.
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.
Entry of PCT application into national phase should be effected within 31 months from the international filing date or a priority date (if any).
PCT process in Ukraine.
The national phase of the PCT patent in Ukraine is the filing and consideration of an international application for an invention in Ukrpatent. In Ukraine, the international application has the same date as the national application. And it begins with the international filing date of the application.
Only Ukrpatent can decide to grant protection to an invention filed under an international application. If the Applicant fails to pay the required fee whether or not you will submit the necessary documents, his Application for an invention will be deemed not filed.
The National phase begins only when the Applicant takes certain actions to do so. Ukrpatent does not send any notification to the Applicant with an offer to implement the National phase. Any actions on the Application must be conducted by the Applicant through the Ukrainian Patent attorney.
The national phase includes:
Submission by the Applicant to Ukrpatent of the translation of his Application into Ukrainian;
Payment of state fees and further consideration of the Application.
The competent authority for conducting an international search for a national application is the Ukrainian Institute of Intellectual Property (Ukrpatent).
Ukraine Trademark Law
Trademark Law Legal basis is the Law on Protection of Rights to Trademarks and Service marks of December 23, 1993, in force since July 1, 1994, last amended April 9, 2015.
Ukraine is a member of the Madrid Agreement, the Madrid Protocol and Paris Convention.
Trademark protection is obtained by registration.
Trademarks which were protected in the former Soviet Union are protected in Ukraine only, if they were transcribed within the period stipulated.
Nice classification, 11th edition. Multiple-class applications are possible.
Simply signed Power of Attorney (POA) is sufficient. (Can be filed in 2 months later after filing).
Ukraine Trademark Registration Procedure
The trademark application is filed at the Ukrainian Institute of Intellectual Property (UKRPATENT).
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
On condition that the trademark meets the requirements of protectability the grant decision is issued.
Upon payment of the registration and publication fees the certificate of trademark registration is issued and the trademark is published in the Official Bulletin.
National Opposition Period
Any person can file grounded opposition against a trademark application within the whole period of the application examination but not later than 5 days before issuing of the final decision.
But there is no publication before granting right protection, therefore, no opposition period. Information about filed applications may be obtained through search, which shows filed applications. Applications accepted for examination are also published online on the website of UKRPATENT.
The processing time from first filing to registration is approx. 16 to 24 months. Accelerated examination (6-7 months since filing date) is available for extra charge.
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years. In Ukraine it is possible to apply for a renewal of a trademark within 6 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark (after grace period expiration) is not possible.
Priority can be claimed within the six (6) months of the filing date a a foreign earlier application. If a trademark application filed in Ukraine claims priority of an earlier application, the priority document must be provided within three (3) months from filing the application.
The trademark in Ukraine may be cancelled by request of a third party on the basis of non-use within a continuous period of 3 years from the date of issuance of the certificate. Non-use during any three-year period after the registration date may lead to cancellation; nominal use (advertising, publications) is accepted in absence of actual use.
Cancellation of trademark in Ukraine
Cancelation of registered trademarks (certificates) is possible only by court.
* Cancellation based on relative grounds may be filed to Court within the entire period of validity of the trademark;
* Cancellation based on absolute grounds may be filed to Court within the entire period of validity of the trademark. As the cancellation is performed in court the principle of 3-year limitation of action can be imposed;
* Cancellation based on non-use may be filed to Court. The grace period is 3 years from registration.