WIPR Leaders 2016, a handbook of the world's lawyers, published the article dedicated to the procedure of acquisition a patent on invention and utility model in Ukraine, authored by Nina Moshynska, Pattent Attorney, Director of Gorodissky & Partners (Kyiv) and Maksym Bocharov, Pattent Attorney, Head of Inventions Department.
WIPR Leaders recognized Nina Moshynska as one of the best and remarkable of IP protection professionals!
"Gorodissky and Partners"
The rapid development of the national system of protecting inventions and utility models in Ukraine started in 1991. Citizens of Ukraine are first required to file applications with the Ukrainian Intellectual Property Institute (Ukrpatent) for examination of the existence of state secrets; filing by foreign entities is possible only after that procedure has been completed. Ukrainian patents may be invalidated if this requirement is ignored. The place where an invention is made is irrelevant. The official language of the Ukrpatent is Ukrainian. Patent attorneys represent the interests of foreign citizens and legal entities before the Ukrainian authorities.
It is possible simultaneously to patent an invention and a utility model. A utility model may represent the same technical solution as the invention, but it should contain only one independent claim. Patents for utility models are granted approximately one year after examination of formalities, and patents for inventions are granted two to three years after substantive examination.
When a Patent Cooperation Treaty application is filed with Ukrpatent, the applicant may select the European Patent Office or the Federal Institute of Industrial Property in Russia as an international searching authority, and the application can be filed in English or Russian.
During the national phase, the law requires filing of Ukrainian translation costs and payment of filing fees before the expiration of 31 months. In this regard, we recommend submitting materials related to an application to attorneys well before the 31-month deadline.
The Ukrainian parliament ratified the Ukraine-European Union Association Agreement on September 16, 2014. Substantial changes to the legislation on intellectual property protection are being developed, including harmonising national laws on inventions and utility models with EU legislation. At the time of writing, the draft laws have not been published for information purposes and discussion.