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PCT Guide to Ukrainian National Entry

UKRAINE PATENT OFFICE
As Designated or elected office PCT Applicant's Guide

Abbreviations:

• UPO Ukrainian Patent Office
• UPL : Law of Ukraine on the Legal Protection of Inventions and Utility Models
• UPR: Regulations on Drafting and Filing of Applications for Patent and Utility Models
• UFR: Regulations on Manner of Payment of Fees Pertaining to the Legal Protection of Inventions, Utility Models, Industrial Designs and Trade and Service Marks

The entry into the national phase -summary of requirements

* must be filed/ paid within two months from the expiration of the time limits applicable under PCT Article 22 (21 months from the priority date) PCT Article 39(1b)(31 months from the priority date)

The procedure in the National Phase

Filing stage

The Ukrainian Patent Office has available a special form for entering the national phase. This form should preferably be used when entering national phase.

Duly executed form is to be submitted to the UPO within time limits applicable for the entry into National Phase under PCT (see requirements).

The form is to be supplemented with Description, Claims, Drawings (if any), Abstract, Patent Attorney form.

The filing fee should be paid within next two months. This term can be extended for another 6 months involving an additional fee. (The possibility of term extension has been just introduced into the Law thus the amount of the fee is not yet set). The translation of the Description, Claims, Drawings (if any), Abstract is to be submitted within the same time period. Errors in the translation of the international Application can be corrected with reference to the text of international application as filed.

Reinstatement of time limits

Reinstatement may be requested where the applicant was unable to observe a time limit during the international phase or before the UPO. The requested reinstatement must be presented in writing, state the grounds on which it is based and set out facts on which it relies. Where the UPO considers the reinstatement justified, it will extend the appropriate time limit, upon payment of reinstatement fee (see Fees).

Examination

The office examines national patent application as to substance. The applicant must request examination within three years from the international filing date. The examination fee should be paid. In case when International Search report is available the fee is half reduced.

Official Actions

Any Official Action must be responded within 2 months. This term may be extended for another 6 months upon specific request.

Amendments and Corrections

The applicant may make corrections and amendments to his application on his own initiative provided the scope of the subject matter of the application is not broadened thereby, before the date of Official Granting Decision. The corresponding fee should be paid (see Fees).

Appeals

Any decision of the UPO can be appealed within 6 months. This term can be extended for another 6 months with a surcharge. The appeal must be lodged with the Appeals Chamber. The Appeals Chamber's decision must be held within 4 months. Its decision can be appealed in court on the regular civil procedure terms.

Granting of the Patent

On the ground of Official Granting Decision and payment of the Granting fee the UPO execute the registration of the Patent referring it to the corresponding State register. The Granting Fee should be paid within 3 months upon the date of the Granting Decision issue. This term can be extended for another 6 months with a surcharge.

Upon one month from the Registration Date the Letters Patent is issued.

Annuities

First annuity to maintain the Patent should be paid not later then 4 months upon the Publishing Date of the Patent. Every next annuity should be paid during 4 months prior the end of the current year. The annuity can also be paid within 12 months after expiration of the said term with a 50% surcharge.