The Ukrainian National Office of Intellectual Property clarified whether the Law of Ukraine “On the Protection of the Interests of Individuals in the Field of Intellectual Property During the Martial Law Introduced in Connection with the Armed Aggression of the Russian Federation against Ukraine” continues the validity of intellectual property rights on inventions, the term of validity of which expires during the period of martial law and the validity of which can no longer be extended in accordance with the Law “On Protection of Rights to Inventions and Utility Models”.
Thus, the term of validity of intellectual property rights to an invention is 20 years from the date of submission of the application. If the application is submitted on the basis of an international application, the term of validity of intellectual property rights to the invention is calculated from the date of submission of the international application.
At the same time, it is provided that in the event that the beginning of the term of extension or maintenance of the validity of intellectual property rights falls on the day of the introduction of martial law in Ukraine or on another date during the period of martial law, the relevant action regarding the maintenance of the validity of the intellectual rights on the object is considered to be committed in time, if it is committed no later than 90 days from the day following the day of termination or cancellation of martial law.
Therefore, the intellectual property object, the term of validity of which expires on the day of the introduction of martial law in Ukraine or during the period of martial law, remains valid until the day following the day after the termination or cancellation of martial law. From the day following the termination or cancellation of martial law, the validity of intellectual property rights may be extended in accordance with the established procedure.
Thus, Ukrpatent came to the conclusion that the provisions of the law on time extensions during the war can be applied to those property rights of intellectual property on inventions, the validity of which can be maintained (payment of an annual fee for maintenance of validity) or extended (additional protection of rights to inventions), within the general period of validity of intellectual property rights – 20 years and/or within the period for which the validity of the patent has been extended.