Inventions in Ukraine, Filing and prosecuting patents / patent applications in Ukraine

I. Protection of inventions in Ukraine

Under "Law of Ukraine on the Protection of Rights in Inventions and Utility Models" the invention is considered to be a product of human's intellectual activity in a sphere of technology.

The following subject matters of an invention shall be patentable:

1. a product (a device, a substance, a microorganism strain or a culture of plant or animal cells);
2. a process (a method);
3. use of a known device, process (method), substance or strain for a new purpose.

The following subject matters of an invention shall not be patentable:

1. plant varieties and animal breeds;
2. inherent natural biological processes of reproducing of plants and animals, which process has no relation to non-biological and microbiological processes;
3. topographies of integrated circuits;
4. styling designs.

An invention meets the conditions of patentability if it is new, involves an inventive step and is industrially applicable.

The invention patent is valid for 20 years from the date of receipt of the application by the Patent Office of Ukraine or from the international filing date (PCT filing).

II. National filing of patent application in Ukraine (without claiming priority according to Paris Convention);

1. Forms (documents) required for accomplishing National Filing of patent application:

1. The application materials (description, claims, abstract, drawings);
2. Filing particulars, namely:
   1. name, country of incorporation and address of the Applicant(s);
   2. name, country of residence and address of the inventor(s);
3. Power of Attorney signed by authorized person on behalf of Applicant;

2. Requirements for prosecution of the application:

1. Translation of the application materials into Ukrainian should be filed within 2 (two) months from the filing date;
2. Official filing fee an amount of USD 150 for first 15 claims and USD 15 for every next claim in excess of 15 should be paid within 2 (two) months from the filing date;
3. Power of Attorney could be filed when filing patent application or later on the preliminary examination stage;
4. Request for examination should be filed within 3 years from the filing date. When filing examination request it is necessary to pay examination fee in amount of USD 600 for the first independent claim and USD 450 for each next independent claim. If International Search report is available(filed) for patent application the examination fee is reduced by 50 %.
5. Granting fee in amount of USD 100 should be paid within 3 (three) months from the date of Granting Decision receipt.

3. Requirements for notarization, legalization:

a) Power of Attorney mentioned in point 1- с) does not need notarization or legalization.

III. National filing of patent application in Ukraine according to Paris Convention (with claiming priority according to Paris Convention)

1. Forms (documents) required for accomplishing National Filing of patent application according to Paris Convention:

1. The application materials (description, claims, abstract, drawings);
2. Filing particulars, namely:
   1. name, country of incorporation and address of the Applicant(s);
   2. name, country of residence and address of the inventor(s);
3. Certified copy of the priority application;
4. Power of Attorney signed by authorized person on behalf of Applicant.

2. Requirements for prosecution of the application:

1. Translation of the application materials into Ukrainian should be filed within 2 (two) months from the filing date;
2. Official filing fee an amount of USD 150 for first 15 claims and USD 15 for every next claim in excess of 15 should be paid within 2 (two) months from the filing date;
3. Certified copy of the priority application should be filed within 3 (three) months from the filing date;
4. Power of Attorney could be filed when filing patent application or later on the preliminary examination stage;
5. Request for examination should be filed within 3 years from the filing date. When filing examination request it is necessary to pay examination fee in amount of USD 600 for first independent claim and USD 450 for each next independent claim. If International Search report is available for patent application the examination fee is reduced by 50 %;
6. Granting fee in amount of USD 100 should be paid within 3 (three) months from the date of Granting Decision receipt.

3. Requirements for notarization, legalization:

1. Power of Attorney mentioned in the point 1- d) does not need notarization or legalization.
2. The copy of the priority application mentioned in the point 1 - c) should be duly certified by Patent Office of the state where the application was first filed. No other notarization or legalization is needed.

IV. PCT Chapter I or II filings

1. For entering national phase of PCT application we need the following documents:

1. A copy of the international publication with the international search report;
2. A copy of the international preliminary examination report (if available);
3. Copies of the PCT/IB/332 form + PCT/IPEA/402 (if available);
4. Power of Attorney signed by authorized person on behalf of Applicant.

2. Information regarding the filing requirements and prosecution of the application:

1. Translation of the application materials into Ukrainian should be filed before expiry of 31 months term from the priority date;
2. Official filing fee in amount of USD 150 for first 15 claims and USD 15 for every next claim in excess of 15 should be paid before expiry of 31 months term from the priority date;
3. Power of Attorney could be filed when filing patent application or later on the preliminary examination stage;
4. Request for examination should be filed within 3 years from the filing date. When filing examination request it is necessary to pay examination fee in amount of USD 600 for first independent claim and USD 450 for each next independent claim. If International Search report is available for patent application the examination fee is reduced by 50 %.
5. Granting fee in amount of USD 100 should be paid within 3 (three) months from the date of Granting Decision receipt.

3. Requirements for notarization, legalization:

a) Power of Attorney mentioned the in point 1 - d) does not need notarization or legalization.

V. Additional information regarding the filing requirements

1. Any Declarations of inventorship or Assignments could be filed if necessary or upon request. Generally these documents should be available by request. Any forms signed by the inventors, except Declaration of inventorship mentioned above are not required for accomplishing either National or PCT filings.

2. According to applicable Ukrainian patent regulations a single General Power of Attorney can be used for all patent application filed in the name of one applicant.

3. Terms of entering national phase of PCT application can be extended but no more than for 2 months.

4. Practically all terms in filing and prosecution of application can be extended by way of filing special petition and payment of definite extension official fee.

5. Foreign citizens and persons without citizenship enjoy the same rights according to international conventions, Constitution of Ukraine and laws of Ukraine. However they should communicate with Ukrainian Patent Office (UPO) only through registered Patent Attorneys of Ukraine.