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PATENTS / UTILITY MODELS in Ukraine

 

 
What is patentable?

Subject matter of a patent may be a product, a process and new use of a known product or process.
Subject matter of a utility model may be the same as of a patent (that is not only a device but even a process, a composition, a chemical compound, new use etc).
Patents are granted for any inventions which are new, which involve inventive step and which are susceptible of industrial application.
Utility model protection is granted for any inventions which are new and which are susceptible of industrial application.
Important restriction: а utility model application must contain only one independent claim.
 


What is required to file a patent/utility model application?

a) Filing instruction containing:

    - Title of the invention

    - Name and address of the applicant(s)

    - Name and country of residence of the inventor(s)

    - Priority data (if any)

    - Type of protection requested (patent or utility model)

The following may be submitted to the Office later:

  b) Power of attorney signed by the applicant (original);

  Date of execution of it must be not later than the filing date.

  c) Certified copy of the priority document (within 3 months after filing date).

We do not charge for late filing of these documents.


Is the translation of the priority application required in the stage of filing a conventional patent/utility model application?

No, but the full or partial translation of the priority application may be demanded in the stage of substantive examination of the application.


What are the time limits to enter the national phase under Chapter I and Chapter II of the PCT?

31 months from the earliest priority date.

The following must be filed to the Office:

a) Request

b) Translation of the international application into Ukrainian (as amended on the international phase, if amended),

    or request for two months extension of time to file the translation,

c) Filing fees.


What is required to enter the national phase of an international application?

The following must be filed to the Office to enter national phase in Ukraine:

a) Request

b) Translation of the international application into Ukrainian (as amended on the international phase, if amended),

    or request for two months extension of time to file the translation,

c)  Filing fees.

We need:

a) Filing instruction containing:

    - Number of the international application

    - Title of the invention

    - Name and address of the applicant(s)

    - Name and country of residence of the inventor(s)

    - Priority data (if any)

    - Type of protection requested (patent or utility model)

b) Any amendments which have been filed on the international phase

c) Description, claims, abstract, drawings and amendments (if any) in English when the international application is in Chinese, Japanese or Korean.

d) Power of attorney simply signed by the applicant (original). It may be submitted later,

     but date of execution of it must be not later than the date of receipt of the request by Patent Office.


May the applicant amend the international application for entering national phase?

No. International application must enter national phase only with those amendments that were made on the international phase.

The application may be amended after entering national phase


When must the request for examination be filed?

The request for substantive examination must be filed within a period of three years from the filing date of the patent application (international filing date of the patent application based on international application). Utility model applications are not examined for compliance with the substantive requirements such as novelty and inventive step, therefore the request for substantive examination of utility model application must not be filed.


Is it possible to reduce fees for examination?

Amount of fees for examination depends on number of independent claims. Therefore before filing request for examination applicant can amend the claims by reducing the number of independent claims.


When may a divided application be filed?

Before decision to grant a patent or refuse to grant a patent.


What terms may be extended or reinstated?

In the table are indicated terms that may be extended before due date or reinstated after due date by filing corresponding requests and payment fees

Them of Extended for __ months Reinstated within __months
payment fee for filing application/international application 6/2 -
submitting translation of international application 2 -
entering national phase - 12*
filing application with claiming priority - 2*
claiming priority and submitting copy of priority application - 2*
submitting translation of priority appl. on request of Office 4 -
submitting additional materials on request of Office 6 6
filing request for examination of the application 6 6
response to preliminary refuse 6 6
payment of registration fee 6 6
payment of publication fee 6 6
handling of appeal by Appeal Board 2 -


* The applicant must proof that the term was missed by valid reasons


How long does a patent/utility model protection last?

Patent/utility model protection becomes effective upon the registration. The term of protection starts on the application date and subject to payment annuities can last for up to 20 years for patents and for up to 10 years for utility models.


When must renewal fees be paid?

Annuities must be paid after publication about grant of the patent in Official Journal. The first annuity must be paid within 4 months from the date of publication for the year of publication. Annuity for each next year must be paid within period of 4 months before due date which is next anniversary of the filing date (international filing date). But when the year following the year of publication begins earlier than 4 months from date of publication, annuity for this year is paid together with the annuity for the year of publication. Annuity may be paid within one year after due date with a 50% fine.


Is patent term extension possible?

Yes, but only for medicinal product patents and plant and animal protection product patents. Request for patent term extension must be filed not later than 6 months before expiration date of a patent. Patent term may be extended maximum for 5 years. Office issues Extract from the State Register of Patents of Ukraine which is equivalent to Supplementary Protection Certificate (SPC).


Can a patent be restored after its cessation?

No.


What main official fees must be paid?

Fees are defined in hryvna – official currencyof Ukraine (UAH). Only the grant fee for non-residents is defined in USD. Main fees are presented in the table below. Reduced fees in amount 5% of indicated are paid when all applicants/patentees are inventors and in amount 10% when an applicant/patentee is a non-profitable organization. Fees in USD presented in the column three of the table are defined approximately (excluding registration fee), at the rate: 1 USD = 8 UAH.

Other official fees and our professional fees are presented in our Schedule of fees which we will send you on request to mog@innotec.ua

 

Item

UAH    

USD

Filing  a patent/utility model application

(ordinary or based on the international application)

a) with not more than 3 claims

b) each further claim

 

 

800

80

 

 

100

10

Request for substantive examination of the patent application

a) with one independent claim

b) each further independent claim

 

3000

3000

 

375

375

Grant of patent

Publication fee for the patent with not more than 15 pages

each further page

Grant fee 

 

200

10

-

 

25

1

100

Annuities

Patents and Utility Models (for UM max.10 years)

1st  -    2nd year

 

 

300

 

 

40

           3rd year

400

50

           4th year

500

63

           5th year

600

75

           6th year

700

88

           7th year

800

100

           8th year

900

113

 9t h - 14th year

2100

263

15th - 20th year

3800

475

21st - 25th year  (for patents with extended patent term)

3800

475