MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Ukraine including patent search, patent translation, filing and further prosecution of an application, patent maintenance, preparing and recordal of changes, assignments, and license agreements as well as representing clients before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
The validity term of a Patent in Ukraine is 20 years from the filing date. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of this term for 5 years. In case the patent is extended the Supplementary Protection Certificate (SPC) is issued.
Novelty grace period is 12 months from disclosure of the information on invention before filing the application or priority date thereof, if priority is claimed.
Overview of the Patent registration procedure in Ukraine:
After completion of filing procedure the Ukrainian patent 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 applicants 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 patent registration in Ukraine takes from 3 to 5 years.
Foreign applicants must be represented before the Office by a registered Ukrainian patent attorney.
For filing a patent application in Ukraine we need:
- your filing instructions with applicants and inventors names, addresses and citizenships;
- filing number and date of priority application or PCT application;
- specification with claims, abstract and drawings;
- copy of the amendments, if any;
- Power of Attorney simply signed and stamped by the applicant(s), legalization and notarization are not required (may be provided to the Ukrainian Patent Office within 2 months from filing the application);
- for conventional applications - Certified copy of the priority document if priority is claimed (may be provided to the Ukrainian Patent Office within 3 months from filing the application).
The term for entering the Ukrainian national phase of a PCT application is 31 months from the priority date. The term for filing a conventional patent application in Ukraine is 12 months from the priority date.
For more information about patent registration in Ukraine or quotation for filing and prosecution of the Ukrainian patent application please contact us.