What we need to know about Patenting of Inventions and Utility models in Ukraine?


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Ukraine is a member of Paris Convention (1883), Patent Cooperation Treaty (1970), Strasbourg Agreement (1971), Budapest Treaty (1977), Patent Law Treaty (2000).

Right to obtain legal protection on the invention or the utility model is granted to the inventor, employer of the inventor, successors of the inventor or inventor's employer and other natural persons and legal entities who obtained this right according to the contract.

The object of an invention (utility model) may be:
  • a product (device, substance, microorganism strain, plant or animal cells culture etc.);
  • a process (method);
  • the novel use of a known product or process.

Patent can not be granted on the:
  • plant varieties and animal breeds;
  • processes of the reproduction of plants and animals that are biological in its basis and do not belong to non-biological and microbiological processes;
  • topographies of integrated circuits;
  • results of art constructing;
  • discoveries, scientific theories and mathematical methods;
  • methods of intellectual, commercial, organisational and business activity (planning, financing, supplying, crediting, prognostication, standartization);
  • rules of the doing physical exercises, conducting of the games, contests, auctions;
  • projects and plans of the buildings, houses, territories;
  • symbols (road signs, routes, prints etc.), schedules, instructions;
  • computer programs;
  • forms of presentation of information (for instance, in form of tables, diagrams, graphic, acoustic signals, pronunciation, visual presentations, books, audi- and videodisks).


Patent on the invention can be granted if only the invention is new, not obvious (involved an inventive step), and can be used for industrial purposes.

Declarative patent on the utility model can be granted if only the utility model is new and can be used for industrial purposes.

Terms of the patenting:
The standard patenting term for invention is 2-3 years;
The standard patenting term for utility model is 7-9 months;
Accelerated patenting term for utility model is 2-3 months;

It is important to bear in mind that international application shall be accomplished in Ukraine if the Patent Office obtains the translation of this application into Ukrainian and the document on the payment of the respective fee for filing of the application before the expiry of 31 months from its priority date. This term can be extended for no more than 2 months privided that you pay respective fee.

Process of patenting of invention:
  • the filing an application;
  • formal examination;
  • publication of application;
  • substantive examination;
  • publication and registration of the patent;
  • granting of patent.

Process of patenting of utility model:
  • the filing an application;
  • formal examination;
  • publication of application;
  • publication and registration of the declarative patent;
  • granting of the declarative patent.

The necessary information for patenting of invention / utility model:
  • name and address of inventor;
  • name and address of applicant (if applicant is not inventor);
  • description of invention or utility model (at least essence of invention or utility model);
  • claim of invention or utility model (if applicant can formulate);
  • drawing (if it is necessery for explanation of invention or utility model).

See also:
Patenting of invention(utility model) in Ukraine
Patent searching and watching in Ukraine