PCT NATIONAL PHASE ENTRY
Ukraine

Ukraine has been a Contracting Party to the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) since December 25, 1991. Additionally, it is a signatory to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Purposes and the Patent Law Treaty (PLT). Since 2018, Ukraine has implemented a thorough legal reform impacting various intellectual property laws and regulations, aimed at simplifying procedures and aligning them with EU legislation. In 2020, the Patent Law was amended to include the Bolar provision, though its application is limited. Additionally, recent amendments have introduced mechanisms such as oppositions to patent applications, post-grant oppositions, and supplementary protection certificates.

The time limit for entering the PCT national phase in Ukraine is 31 months from the priority date.

Ukrainian is the official language for patent applications in Ukraine. The translation of the international application into Ukrainian must be provided by the 31-month deadline. However, this deadline can be extended for an additional two months by submitting a relevant request and paying the official fee.

In Ukraine, there is no provision that permits an extension of the deadline for submitting a patent application into the national phase.

Power of Attorney: The Power of Attorney is required to be submitted either at the same time of filing the national phase application or within 2 months after entering the Ukrainian PCT national phase. The legalization or notarization of a Power of Attorney is not necessary.

All fees are reduced by 90% if all applicants are also inventors, and by 80% if all applicants are non-profit institutions and/or organizations. If the application involves both types of applicants, with all applicants being either inventors or non-profit institutions and/or organizations, the fees will be reduced by 80%.

The examination for patentability begins once the corresponding request is filed and the official fee is paid. The applicant must submit the request and pay the official fee within 3 years from the filing date of the international application.

The initial post-grant renewal fees are due within four months of the issuance of the patent. This covers the renewal for the year the patent is granted, along with the following renewal if it is due within four months after the grant date. If the renewal fee is not paid on time, it can still be paid within 12 months, but a 50% late penalty will apply.

The validity period of patents in Ukraine is 20 years from the international filing date.

In the 2024 Global Innovation Index (GII), Ukraine is ranked 60th out of 133 economies, with a score of 29.5. From 2011 to 2024, Ukraine's average innovation index score was 35.29 points, with its highest score of 38.5 points recorded in 2018. Ukraine's key strengths lie in Knowledge and Technology Outputs, Business Sophistication, and Human Capital and Research. Among the 38 lower-middle-income economies, Ukraine ranks 4th, and 34th out of 39 European economies.

Ukraine is renowned for its rich cultural heritage, fertile agricultural lands, and stunning natural beauty, making it one of the world's top grain exporters. It is also known for its unique architectural monuments, delicious cuisine, and strong tradition of folk art.