MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys

PCT NATIONAL PHASE IN UKRAINE

Entering PCT application into the Ukrainian national phase.


Deadline
The deadline for entering the Ukrainian national phase is 31 months from the priority date.
It is possible to restore a prescribed term in Ukraine within 12 months from the missed deadline.

Substantive examination request
The substantive examination of the Ukrainian application should be requested and examination fee must be paid within 3 years from the international filing date.

Power of Attorney
Power of attorney should be provided with the Ukrainian Patent Office within 2 months from the filing date. Legalization or notarization of Power of Attorney are not required.

Translation of the application
International application is prosecuted in Ukrainian language. If the international application has been filed in any foreign language the deadline for provision of the Ukrainian translation of an international application is 31 months from the priority date. This term can be extended for 2 months in case request for extension is filed before the expiration of the 31-month term.

Maintenance of a patent
Payment of annuities is not stipulated for the pending patent applications in Ukraine. The first post grant annuities are paid within 4 months from publication of the patent. The first post grant annuities are the annuities that are paid for the year in which the patent was granted and for the next year if it becomes due within 4 months after grant of the patent. All next annuities are counted starting from the filing date and are paid before a beginning of the next year.

Basic procedure of entering PCT application into the Ukrainian national phase

After completion of filing procedure the application undergoes the formal examination within 2-3 months. On condition that the applicant submits all required documents, the notification about positive result of the formal examination is issued. On the applicantís request, which should be filed within 3 years from the filing date, the substantive examination is conducted. If the invention meets the requirements of patentability, the grant decision is issued. After payment of the registration and publication fees the patent is issued. Term for payment of the prescribed fees is 3 months from the date of receipt of the grant decision.

The procedure of the invention registration takes from 2 to 5 years.

The basic term of the invention patent protection in Ukraine is 20 years counting from the filing date.

For specific questions or for exact cost estimate for entering PCT application into the Ukrainian national phase please contact us.