UKRAINE Law and Practice Contributed by: Yaroslav Ognevyuk, AMBASSADORS
1. Patents 1.1 Legal Framework and Patentable Subject Matter Ukraine’s patent framework is formally aligned with international standards, including TRIPS and ongo- ing EU approximation. In the Ukrainian market, the practical value of a patent emerges primarily during enforcement rather than at registration. Patents may be granted for products, processes, and new uses, subject to the requirements of novelty, inventive step, and industrial applicability. Ukrain- ian law excludes, among others, business methods, scientific theories, computer programs “as such”, and medical treatment methods. These exclusions, however, are applied with a degree of flexibility. Soft- ware-related solutions are frequently protected when framed in terms of technical effect, leading to a dual- layer approach that combines patents for functionality and copyright for code. AI-related inventions remain within a traditional frame- work that recognises only human inventors. The practical difficulty lies not in formal eligibility, but in evidencing inventiveness where development is AI- assisted – an issue already surfacing in disputes, while courts have yet to develop a consistent approach. Utility models are widely used due to their speed and lack of substantive examination. They are routinely deployed as enforcement tools, but just as routinely challenged and invalidated once tested in litigation, making them a tactical rather than durable form of protection. Accordingly, the strength of patent protection in Ukraine is ultimately determined under judicial scru- tiny, particularly in the context of co-ordinated invali- dation strategies. 1.2 Patent Granting Procedure Patent applications in Ukraine are filed with the Ukrain- ian National Office for Intellectual Property and Inno- vations (UANIPIO), which conducts both formal and substantive examination. While the procedure broadly follows European standards, its practical operation is
less predictable and far more dependent on applicant strategy. The process includes filing, formal examination, pub- lication (typically after 18 months), and, upon request, substantive examination. In theory, patents are granted within 2–4 years. Timelines, however, vary significantly and may be shortened through accelerated examina- tion, which is commonly used in time-sensitive indus- tries such as pharmaceuticals and engineering. A recurring feature of Ukrainian practice is the impor- tance of prosecution strategy. Examiner objections are often highly technical and, at times, inconsistent in approach. Outcomes frequently depend on how effectively claims are reframed and defended during examination, rather than on the initial drafting alone. Decisions of the patent office may be challenged before the Appeal Chamber, which serves as a spe- cialised administrative review body. This stage is fre- quently used to refine the scope of protection and to address vulnerabilities before the patent is tested in enforcement proceedings. For foreign applicants, representation by a local pat- ent attorney is mandatory. More importantly, it is decisive: poorly managed prosecution may result in formally granted rights that are difficult to enforce or vulnerable to invalidation. In this context, the patent-granting procedure should not be viewed as a technical formality. It is the first stage of enforcement – where the strength of future litigation is effectively determined. 1.3 Scope, Term and Maintenance of Patent Rights A granted patent in Ukraine confers exclusive rights to use, exploit, and prohibit the use of the protected invention, including manufacturing, offering for sale, importing, and commercial distribution. The scope of protection is defined by the claims. Its effective boundaries, however, are shaped by how those claims are interpreted and challenged in litigation. The standard term of patent protection is 20 years from the filing date, subject to the payment of annual
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