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Ukrainian PCT national phase entry

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Total Number of Claims/PCT
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  • Patent fees

Fees associated with the Ukrainian PCT national phase entry as well as other patent fees are available in the fee calculator.

  • Deadline for PCT national phase entry in Ukraine

The deadline for PCT national phase entry in Ukraine is 31 months from the priority date. If the applicant fails to file a national phase application within the 31-month term, the right to file the application may be restored if the corresponding request is submitted and the corresponding fee is paid within 2 months from cease of the circumstances which prevented him from filing or within 12 months from the deadline for Ukrainian national phase entry, whichever is earlier.

  • Filing requirements in Ukraine

The official language of Ukrainian patent application is Ukrainian. The translation of the international application into Ukrainian should be provided until the expiration of the 31-month deadline. This term is extendable for two additional months by filing the corresponding request and paying the official fee.

To obtain the date of filing, it is necessary to provide Ukrainian patent Office with:
- a request to grant a patent;
- a copy of the international application.

The legalization or notarization of a Power of Attorney is not required. It may be provided simultaneously or within 2 months from entering the Ukrainian PCT national phase. 

  • Examination of a PCT national phase patent application in Ukraine

The examination according to the requirements of patentability is started as long as the corresponding request has been filed and the official fee has been paid. The applicant should file the request and pay the official fee within 3 years from the filing date of the international application.

  • Opposition period

Any third party may file an opposition to the application by paying the corresponding fee within 6 months from the date of publication. The Patent Office sends a copy of such an objection to the applicant, who has the right to submit a reasoned response, as well as amend the application within two months from the receipt date of the objection. The results of the consideration thereof are reflected in the corresponding conclusion of the Examination Board.

  • Novelty grace period

The novelty of the invention is not disproved if the disclosure of the information about the invention is made within 6 months before filing an international application (if the priority is claimed, before the priority date) by the inventor or by the person who received this information from the inventor directly or indirectly.

  • Grant, validity term and maintenance fees

The official fees for publication and issuance must be paid within 3 months from the date of receipt of the Decision to grant a patent. The extension of this term is possible for 6 additional months by paying the extra fee. The validity term of patents in Ukraine is 20 years from the international filing date. The first post-grant annuities for the year when the patent is granted are paid within 4 months from the date of issuance of a patent. Late payment of the annual fee is possible within 12 months by paying 50% fine.

  • Duration of registration procedure

The procedure of the patent registration in Ukraine takes from 3 to 5 years.

  • Utility Model

In Ukraine it is also possible to enter the national phase of a PCT application as Utility Models, which are subject to formal examination only. The objects of Utility Models to which the legal protection is granted are products and processes only. Maximum protection period of a utility model in Ukraine is 10 years from the date of filing. The procedure of the utility model registration in Ukraine takes from 10 to 12 months.

  • Representation by a patent attorney

It is required for foreigners to perform the PCT national phase entry in Ukraine through an agent, a registered Ukrainian patent attorney.

  • Note

Online Search Database for Ukrainian Patents and Utility Models.

Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 22.02.2023
Please contact us if the above information is not in conformity with Ukrainian IP Laws