What is an invention?

An invention can be defined as a result of intellectual activity of a person in any area of technology, i.e. object of which can be the product, process or any new applicability of earlier existed product or process. An invention shall bear the following requirements:

• novelty

• inventive step

• industrial applicability.

PCT national phase in Ukraine

What cannot be protected?

The patent cannot be granted for the inventions that contradict public order and principals of humanity and morality.

The patent cannot be granted for:

• plant varieties and animal breeds;

• biological processes of reproduction of plants and animals that are not related to non-biological and microbiological processes;

• topographies of integrated circuits;

• results of artistic design.

Patent searches in Ukraine

How to protect your invention?

1. Before applying for a patent, the patent search shall be conducted to check if the applied object satisfies the requirements provided by law and to determine the existence of similar objects.

2. Upon sufficient results of the patent search, the application can be drafted and filed.

The following information is required for application filing:

• Name, surname, address of the applier of the object (if the author and the applier is not the same person, name, surname, address of the author);

• Description of the invention (and schemes if they were addressed in the description);

• The formula of the invention;

• Claims;

• Power of Attorney (signed and sealed), if the applicant is a non-resident of Ukraine.

3. After the submission of the application, the formal examination is conducted by the Ukrainian Patent Office within 2-4 months. The formal examination is meant to check if the application meets formal requirements. Upon the successful result of the examination, the decision as to the substantive examination is issued.

4. Substantive examination is conducted after the request of the applicant and payment of the official fee, which can be submitted within 3 years from the date of application. This step of examination is required to check if the invention meets the patentability requirements.

5. After the positive decision of the Office and the payment of the official fee, the patent is issued.

Term of protection

20 years (with extension till 25 years for medicines and plant protection products).

Official fees

The application fee is paid within 2 months after the submission of the application.

The substantive examination fee is paid within 3 years from the date of application.

Registration fees are paid within 3 months.

The annual fee is required to maintain a patent in force.