In Ukraine an invention is deemed the result of intellectual activity of a person in any field of technology. It can be an innovate product (a device, a substance, a micro-organism strain, a plant culture or animal cells), a process (a method of performing any action to gain a new technical result) or using a known product or process for a new purpose. The document that confirms the granting of exclusive rights in Ukraine is a patent.
For the purpose of granting a patent your invention has to fulfill the following criteria:
- inventive step;
- industrial applicability.
Thus the procedure of patenting an invention includes two phases:
- examination of formal requirements during which the Patent Office checks the compliance of the application with formal requirements – availability of correctly filled request, description of the invention, claims, drawings, abstract, power or attorney, a document conforming payment of state fee;
- substantive examination – the procedure during which examiners make sure that the your invention fulfils the criteria of patentability.
If the Patent Office makes it’s finally decision to reject an application, you may appeal the examiner's decision to the Appeal Board. The decision of Appeal Board can also be appealed in court.
A granted patent of Ukraine is in force for 20 years from the filling date of an application with the Ukrainian Patent Office in case of yearly payment of appropriate maintenance fees. However, the term of a patent for medical preparations, animal and plant protection means, the use of which in Ukraine requires a special permit from a competent authority, can be extended on owner’s request for a term within 5 years.
Basic costs of patenting an invention in Ukraine are summarized in the Table bellow:
Schedule of charges for Inventions in Ukraine
|Service||Official state fees, EURO||Attorney’s Charges EURO|
|if the Applicant is an Inventor||if the Applicant is a Legal Entity|
1. Filing a patent application or national phase of PCT procedure:
- for 3 claims or less
- additionally for each additional claim more than three
|2. Filling a request for substantive examination:|
|- if invention contains one independent claim||10.00||150.00||120.00|
|- additionally for each independent claim more than one||10.00||150.00|
|3. Preparation and filing oppositions during examination of application (international application)||-||-||min. 150.00|
4. Publication of information concerningissuing of patent
- additionally for each sheet more than 15
|5. Patent issuing fee||100.00||80.00|
|6. Translation from English or German into Ukrainian (100 words)||6.00|
Note that the table above represents the cost of standard procedure. If there is a need to perform any other actions, e.g. to make any changes to application materials, to accelerate publication, to prolong or to restore the missed terms, additional payments may be required.Print