Inventions & utility models

Conventional application

The documents necessary for filing are as follows:

• specification
• claims
• abstract
• drawings

In order to maintain the priority right, a certified copy of the priority application must be submitted either upon filing of an application, or within three months from the filing date. Under the provisions of the current law, if the said term was missed for unforeseen reasons, it may be extended by two months. At the same time, if the priority application is not identical to that as filed in Ukraine, the Patent Office is entitled to request submission of the translation of the priority application.

National phase entry under the Patent Cooperation Treaty

The time limit applicable for entry into the national phase in Ukraine is 31 months from the priority date.

The following documents are required prior to filing:

• copies of the specification, claims and abstract of the international application as published,
• drawings (if any),
• title page of the PCT application,
• amendments made under Art. 19 and 34 (2) PCT (if any) and any accompanying statements
• PCT Forms 409 and 416 (if applicable).

A translation of the application in the Ukrainian language must be submitted with the Patent Office before expiration of the 31-month term.

Within 2 months from the filing date, will be required an original signed power of attorney. A facsimile copy of this document is not accepted by the Patent Office. No legalisation of the Power of Attorney is required.

The law provides for a deferred examination, which may be requested within 3 years from the international filing date.

Patent term

The term of a patent in Ukraine is 20 years from filing date for inventions patent and 10 years from filing date for utility models patent.

Patents for pharmaceuticals and agrochemical products may be extended by the term equivalent to the period from the filing date to the date of issuance of a license (marketing authorization), but not longer than by 5 years.