PART 1 PATENTS
§1.01 Summary
[A] Kinds of Patents
- National patent
[B] Duration of Patents
- 20 years from the filing date
[C] Patentable / Not Patentable
- The requirements are novelty, inventive step and industrial applicability.
- Not patentable are plant varieties and animal breeds; methods for treatment of the human or animal body; processes of the reproduction of plants and animals that are biological in its basis; discoveries, scientific theories and mathematical methods; methods of intellectual, economical and commercial activities; rules for physical exercise, games, contests, auctions; computer programs; methods of presentation of information.
[D] Novelty
- Absolute novelty is required.
- A grace period of 6 months preceding the filing/priority date applies.
[E] Filing Requirements and Application Procedure
- Filing language: Any
- Language of translation: Ukrainian
- Time limit for filing translation: 2 months from the filing date
- A patent is granted after substantive examination of the application.
[F] Specific Aspects of Regional Patents
- Not applicable in this jurisdiction.
[G] Specific Aspects of International Patent Applications (PCT)
- Time limit for entering National Phase: 31 months from the priority date
- Time limit for filing translation: 31 months from the priority date (extendable with 2 months).
[H] Governmental Websites
- https://ukrpatent.org/en (Ukrainian Intellectual Property Institute)
- https://sis.ukrpatent.org/en/search/simple/ (Register)
PART 2 TRADEMARKS
§2.01 Summary
[A] Duration of Registration
- 10 years from the filing date; indefinitely renewable for same periods.
[B] Registrable / Not Registrable
- Registrable is any sign capable of distinguishing goods/services in trade of one person from those of another.
- A mark may be comprised of any combination of signs including words, personal names, letters, numerals, figurative elements, colours or combination of colours, configuration of goods or their packing, or combinations of these signs. Sound marks are registrable. Taste marks are not registrable. There is no relevant legislation as to the registrability of fragrance marks.
[C] Application Procedure
- Trademarks are registered after formal examination and substantive examination of the application.
[D] Governmental Websites
- https://ukrpatent.org/en (Ukrainian Intellectual Property Institute)
- https://sis.ukrpatent.org/en/search/simple/ (Register)
PART 3 UTILITY MODELS
§3.01 Summary
[A] Duration of Registration
- 10 years from the filing date.
[B] Registrable / Not Registrable
- The requirements are novelty and industrial applicability.
- Not registrable are plant varieties and animal breeds; methods for treatment of the human or animal body; processes of the reproduction of plants and animals that are biological in its basis; discoveries, scientific theories and mathematical methods; methods of intellectual, economical, and commercial activity; rules for exercise, games, contests, auctions; computer programs; methods of presentation of information.
[C] Novelty
- Absolute novelty is required.
- A grace period of 6 months preceding the filing/priority date applies.
[D] Filing Requirements and Application Procedure
- Filing language: any
- Language of translation: Ukrainian
- Time limit for filing of translation: 2 months from the filing date
- A utility model is registered after formal examination.
[E] Governmental Websites
- https://ukrpatent.org/en (Ukrainian Intellectual Property Institute)
- https://sis.ukrpatent.org/en/search/simple/ (Register)
PART 4 INDUSTRIAL DESIGNS AND MODELS
§4.01 Summary
[A] Duration of Registration
- Registered design: 25 years from the filing date, provided that a five year extension is applied (free of charge) before the expiration of the 10th, 15th and 20th year.
- Unregistered design: protection lasts for 3 years from the date on which the design was brought to the public in Ukraine.
[B] Registrable / Not Registrable
- The registration requirement is novelty and individual character.
[C] Novelty
- Absolute novelty is required.
- A grace period of 12 months prior to the filing/priority date is applicable.
[D] Application Procedure
- A design is registered after formal examination of an application.
[E] Governmental Websites
- https://ukrpatent.org/en (Ukrainian Intellectual Property Institute)
- https://sis.ukrpatent.org/en/search/simple/ (Register)
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Originally published by Kluwer Law International.
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