UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Nataliia Badora and Ihor Kharytonov, Mamunya IP
1. Intellectual Property Rights and Granting Procedure 1.1 Types of Intellectual Property Rights According to the Law of Ukraine “On Protection of Rights to Inventions and Utility Models” (the “Patent Law”), an invention or utility model is a result of intellectual, creative human activity in any field of technology. Intellectual property rights to either inventions or utility models are confirmed by patents in Ukraine. Legal protection is also provided to secret inventions or utility models that contain information classified as a state secret. An invention is patentable, if it is (i) new, has (ii) an inventive step, and is (iii) industrially applica- ble. A utility model meets patentability criteria if it is merely (i) new and (ii) industrially applicable. Inventions, including any technologies, may also be protected as commercial secrets. 1.2 Grant Procedure Intellectual property rights to an invention or util- ity model arise once a respective patent, con- firming the rights, is granted. A patent is granted upon examination of the invention or utility model by the state organisation, the Ukrainian National Office for Intellectual Property and Innovations (UA PTO). If an object is patented under the Patent Coop- eration Treaty, the international application is submitted to the International Bureau of the World Intellectual Property Organization that decides on its patentability. Intellectual property rights to an invention pro- tected as a commercial secret arise out of an agreement where the parties agreed to treat
information about the technology as a commer- cial secret. 1.3 Timeline for Grant Procedure The average grant procedure term is around three years for inventions and one and a half to two years for utility models. However, each individual case depends on the complexity of the object, the volume of files involved and the num- ber of office actions to be overcome. It should be noted that information about an application for an invention is published only 18 months after its submission if it has not been withdrawn; ie, an applicant receives an 18-month period dur- ing which the essence of the invention is not disclosed. Ukrainian citizens and legal entities may act on their own behalf before the UA PTO or author- ise a representative. The law does not set any restrictions on a person of representative in such a case. However, foreigners, stateless persons, foreign legal entities, and other persons who have permanent residence outside Ukraine may exercise most of their rights in their relations with the UA PTO through patent attorneys only. The official cost associated with the granting procedure is established by the government. The average official cost is approximately USD400– 700, excluding patent attorney’s fees. 1.4 Term of Each Intellectual Property Right The term of intellectual property rights for an invention is 20 years as from the date of filing the application with the UA PTO or the date of filing the international application. The term of intellectual property rights for a utility model is ten years as from the date of filing the application with the UA PTO.
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