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see also: Filing requirements for Ukraine
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:
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a product (apparatus, substance, strain of microorganism, cell culture of plant and animal) |
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a process |
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a new application of a known process. |
The following subject matters of an invention shall not be patentable:
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plant varieties and animal breeds1 |
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inherent natural biological processes of reproducing of plants and animals, which process has no relation to non-biological and microbiological processes1 |
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an integrated microcircuit topography2 |
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styling results.3 |
A patent of invention shall be valid for 20 years from the date of filing with the Patent Office of Ukraine.
An invention meets the requirements of patentability if it is new, involves an inventive step and has industrial applicability.
An international patent application, for which the international filing date has been stated ( art. 11 Treaty (895_001)) and which comprises the designation or selection of Ukraine, and said designation or selection of Ukraine had not been excluded or not considered to be excluded, are to be entertained under national procedure provided that it had been filed with Patent Department to the address of UKTPATENT not later than 21 months, and in the case of international preliminary examination had been executed – not later than 31 months from the priority date.
The examination of an international patent application is proceeded on base of the patent application translated into Ukrainian language and the payment order for this patent application filing, provided that the said documents were received by the examination authority within 31 months from priority date. This term can be extended but no more than for 2 months.
After the expiry of 18 months from the filing date, or from the priority date of an application for the granting of a patent on the invention, the Patent Office publishes an information about said application in the Official Bulletin.
A patent is granted within 1 month after the registration of an invention in the State Register.
The rights derived from a patent coming into legal effect from the date of publication of a mention of the patent granting in the Official Bulletin.
Filing requirements for Ukraine.
The PCT patent application shall be filed with the Ukrainian Patent Office in Ukrainian language within 31 months from the priority date. The following documents are necessary:
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An order letter with an information sheet containing:
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Specification |
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Claims |
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Drawings and other illustrative materials (if any) |
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Abstract |
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Certified copy of a prior application filed in a member state of the Paris convention (if any priority claimed) |
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In case of a PCT application, a title page of the PCT publication |
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Power of attorney |
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Payment order for filing. |
1 Committee of plant varieties protection has been authorized for relevant procedures.
2 The separate Law for protection of rights on IMC topography.
3 Copyright Protection Law.
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