Walter Kluwer has published an annual manual on industrial property, the "Manual for the Handling of Applications for Patents, Designs and Trade Marks Throughout the World" ("Brown Book").

The publication describes procedures and laws involved in filing applications for a patents, trademarks and industrial designs in over 230 world jurisdictions.

Maksym Bocharov (Ukrainian Patent Attorney), Oleg Zhukhevych (Ukrainian Trademark & Design Attorney, Attorney at Law), Natalia Breus (Ukrainian Patent and Trademark Attorney) and Maksym Kravchenko (Ukrainian Trademark & Design Attorney, Attorney at Law) have prepared the chapter dedicated to Ukraine.

Chapter Content:

PART 1. PATENTS

§1.01 Summary

• National patent

• 20 years from the filing date

• The requirements are novelty, inventive step and industrial applicability.
• Not patentable are plant varieties and animal breeds; methods for treatment of the human or animal body; processes of the reproduction of plants and animals that are biological in its basis; discoveries, scientific theories and mathematical methods; methods of intellectual, economical and commercial activities; rules for physical exercise, games, contests, auctions; computer programs; methods of presentation of information.

• Absolute novelty is required.
• A grace period of 6 months preceding the filing/priority date applies.

• Filing language: Any
• Language of translation: Ukrainian
• Time limit for filing translation: 2 months from the filing date
• A patent is granted after substantive examination of the application.

• Not applicable in this jurisdiction.

• Time limit for entering National Phase: 31 months from the priority date
• Time limit for filing translation: 31 months from the priority date (extendable with 2 months).

• https://ukrpatent.org/en (Ukrainian Intellectual Property Institute)
• https://sis.ukrpatent.org/en/search/simple/ (Register)

For detailed Information, please download the full article - PDF

PART 2. TRADEMARKS

§2.01 Summary

• 10 years from the filing date; indefinitely renewable for same periods.

• Registrable is any sign capable of distinguishing goods/services in trade of one person from those of another.
• A mark may be comprised of any combination of signs including words, personal names, letters, numerals, figurative elements, colours or combination of colours, configuration of goods or their packing, or combinations of these signs. Sound marks are registrable. Taste marks are not registrable. There is no relevant legislation as to the registrability of fragrance marks.

• Trademarks are registered after formal examination and substantive examination of the application.

• https://ukrpatent.org/en (Ukrainian Intellectual Property Institute)
• https://sis.ukrpatent.org/en/search/simple/ (Register)

For detailed Information, please download the full article - PDF

PART 3. UTILITY MODELS

§3.01 Summary

• 10 years from the filing date.

• The requirements are novelty and industrial applicability.
• Not registrable are plant varieties and animal breeds; methods for treatment of the human or animal body; processes of the reproduction of plants and animals that are biological in its basis; discoveries, scientific theories and mathematical methods; methods of intellectual, economical, and commercial activity; rules for exercise, games, contests, auctions; computer programs; methods of presentation of information.

• Absolute novelty is required.
• A grace period of 6 months preceding the filing/priority date applies.

• Filing language: any
• Language of translation: Ukrainian
• Time limit for filing of translation: 2 months from the filing date
• A utility model is registered after formal examination.

• https://ukrpatent.org/en (Ukrainian Intellectual Property Institute)
• https://sis.ukrpatent.org/en/search/simple/ (Register)

For detailed Information, please download the full article - PDF

PART 4. INDUSTRIAL DESIGNS AND MODELS

§4.01 Summary

• Registered design: 25 years from the filing date, provided that a five year extension is applied (free of charge) before the expiration of the 10th, 15th and 20th year.
• Unregistered design: protection lasts for 3 years from the date on which the design was brought to the public in Ukraine.

• The registration requirement is novelty and individual character.

• Absolute novelty is required.
• A grace period of 12 months prior to the filing/priority date is applicable.

• A design is registered after formal examination of an application.

• https://ukrpatent.org/en (Ukrainian Intellectual Property Institute)
• https://sis.ukrpatent.org/en/search/simple/ (Register)

For detailed Information, please download the full article - PDF