Patents Laws in Ukraine
Ukraine's patent system has undergone significant reforms to align with European Union standards and enhance innovation protection. The Ukrainian National Office for Intellectual Property and Innovations (UANIPIO) now oversees the administration of patents, utility models, and industrial designs
🇺🇦 Key Features of Ukraine’s Patent Law
1. Patentable Inventions
Inventions eligible for patent protection in Ukraine must meet the following criteria:
Novelty: The invention must be new and not have been disclosed to the public.
Inventive Step: It must involve an inventive step that is not obvious to someone skilled in the relevant field.
Industrial Applicability: The invention must be capable of being used in some kind of industry, including agriculture .(petosevic.com)
Certain subject matter is excluded from patent protection, including:
Human cloning methods.(petosevic.com)
Human germline genetic modification methods.(petosevic.com)
Use of human embryos for industrial or commercial purposes.(petosevic.com)
Processes of altering the genetic identity of animals that may cause their suffering without any significant medical benefit to humans or animals .(petosevic.com)
2. Utility Models
Utility models are granted for devices and processes in any sphere of technology, excluding new uses of already known products or processes. Utility models are not subject to substantive examination .(petosevic.com, Make Medicines Affordable)
3. Opposition Mechanisms
Pre-Grant Opposition: Any person can submit a reasoned opposition against a patent application within six months after the application's publication date.(European Business Association)
Post-Grant Opposition: Patents can be invalidated through administrative proceedings held by the Appellate Chamber. Any person may file such a request within nine months after the patent's publication date for inventions, and there are no limitations for utility models .(European Business Association)
4. Supplementary Protection Certificates (SPCs)
SPCs are available for patents protecting active pharmaceutical ingredients and certain plant protection products. The validity term of a patent can be extended for up to five years, calculated based on the period of time that passed between the patent application filing date and the date of marketing authorization .(petosevic.com)
5. Compulsory Licenses
The process for obtaining a compulsory license has been simplified. Previously, it was required to obtain an unjustified refusal from the patent owner to grant a voluntary license before making a decision on granting a compulsory license .
🏛️ Enforcement and Legal Remedies
Patent rights in Ukraine can be enforced through various legal mechanisms:
Administrative Protection: Applications can be made to state authorities, including UANIPIO or the Ministry of Economy of Ukraine.(
Civil Remedies: Filing lawsuits for recognition of rights, damages, compensation for patent infringement, cessation of actions that infringe patent rights, and other claims.
Criminal Defense: Certain types of patent infringement, including unlawful use of inventions, utility models, or industrial designs, are subject to criminal liability.
Administrative Sanctions: Administrative fines and other sanctions may be imposed for patent infringement in accordance with Ukrainian law
🌍 International Cooperation
Ukraine is a member of several international patent law treaties, providing avenues for international patent protection:
Paris Convention for the Protection of Industrial Property: Allows filing a patent application in any member state within 12 months from the date of filing the first application in one of the member states.
Patent Cooperation Treaty (PCT): Allows filing an international application that has the same effect as filing national applications in all PCT member states.
European Patent Convention (EPC): Ukrainian inventors can apply for a European patent, which is valid in all EPC member states
⚠️ Impact of Martial Law
During martial law, certain terms for the acquisition and protection of intellectual property rights are suspended, including deadlines for renewal, reinstatement, oppositions, challenging decisions, and invalidating patents. However, prosecution is maintained online, and any reasons for missing a deadline should be well substantiated before UANIPIO .
📝 Filing a Patent in Ukraine
To file a patent application in Ukraine:
Prepare the Application: Include a request for the grant of a patent, a description of the invention, one or more claims defining the scope of protection, drawings (if necessary), and an abstract.
File with UANIPIO: Submit the application to the Ukrainian National Office for Intellectual Property and Innovations.
Examination: The application will undergo a substantive examination to assess patentability.
Grant: If the application meets all requirements, a patent will be granted.
Maintenance: Pay annual maintenance fees to keep the patent in force.
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