WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/UKR/P/1 
11 August 2008 
 (08-3791) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
UKRAINE 
  The present document reproduces the text
1 of the Law on Protection of Rights to Inventions 
and Utility Models, adopted on 15 December 1993, as last amended on 22 May 2003, as notified by 
Ukraine under Article 63.2 of the Agr eement (see document IP/N/1/UKR/1). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
UKRAINE 
 
 Le présent document contient le texte1 de la Loi sur la protection des droits relatifs aux 
inventions et modèles d'utilité adoptée le 15 décemb re 1993, telle que modifiée en dernier lieu le 
22 mai 2003, notifiée par l'Ukraine au titre de l' article 63:2 de l'Accord (voir le document 
IP/N/1/UKR/1). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
UCRANIA 
 
 En el presente documento se reproduce el texto
1 de la Ley relativa a la protección de los 
derechos sobre las invenciones y los modelos de  utilidad, adoptada el 15 de diciembre de 1993, 
modificada por última vez el 22 de  mayo de 2003, que Ucrania ha no tificado en virtud del párrafo 2 
del artículo 63 del Acuerdo (véase el documento IP/N/1/UKR/1). 
                                                      
 1 In English only. The text in the original language will be available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulement.   Les délégations intéressées pourront consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/UKR/P/1 
Page 2  
 
 
LAW OF UKRAINE   
On the Protection of Rights to Inventions and Utility Models  (The translation is not official)    
(The Official Journal of the Verhovna Rada (Par liament) of Ukraine [OJU], 1994, No. 7, art. 32) 
(The Law wording No. 1771-III of June 1,  2000; OJU, 2000, No. 37, art. 307) 
   (With amendments introduced acco rding to the following Laws 
No. 2188-III of December 21, 2000; OJU, 2001, No. 8, art. 37 
No. 2921-III of January 10, 2002;  OJU, 2002, No. 16, art. 114 
No. 34-IV of July 4, 2002; OJU, 2002, No. 35, art. 256 No. 762-IV of May 15, 2003; OJU, 2003, No. 30, art. 247 No. 850-IV of May 22, 2003; OJU, 2003, No. 35, art. 271)    
Chapter I 
GENERAL PROVISIONS Article 1. Definitions    For the purpose of this Law:    
“Office” means the central body of executive power on  the legal protection of intellectual property; 
   “Appellate Chamber” means a collegial body of the Office for the examination of objections to the 
decisions of the Office on the acquisition of rights to intellectual property objects and other matters 
referred to its competence by this Law;  
   
“Invention (utility model)” means a result of intellect ual activity of a human being in any field of 
technology;    “Secret invention (secret utility model)” means an i nvention (utility model) that  contains information 
referred to the state secret; 
   
“Employee’s invention (employee’s utility model)” m eans an invention (utility model) that have been 
created by an employee:    in connection with performance of professional duties or an instruction of an employer, unless 
otherwise stated in the labor agreement (contract); 
   with the use of experience, production knowledge, production secrets and equipment of an employer; 
  “Professional duties” mean functional duties of an em ployee fixed in labor agreements (contracts) and 
duty regulations providing a fulfillment of works that may result in the creation of an invention 
(utility model); 
   “Instruction of an employer” means a task assigned to an employee in writing that directly relates to the specifics of an enterprise activity or to activity of an employer and may result in the creation of an 
invention (utility model); 
      
“Employer” means a person who has hired an employee under a labor agreement (contract); 
   “Inventor” means a person who has created an inventi on (utility model) in the result of his intellectual 
and creative work; 
    IP/N/1/UKR/P/1 
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“Patent (patent for an invention, declarative patent  for an invention, declarative patent for a utility 
model, patent (declarative patent) for a secret inven tion, declarative patent for a secret utility model)” 
means a protection document that certifies the prior ity, authorship, and property right to invention 
(utility model);    
“Patent for an invention” means a kind of a patent granted under the results of the qualified 
examination of an application for invention;    “Declarative patent for an invention” means a kind of  a patent granted under the results of the formal 
examination of an application for invention; 
   
“Declarative patent for an utility model” means a ki nd of a patent granted under the results of the 
formal examination of an application for utility model;    “Patent (declarative patent) for a secret invention” means a kind of a patent granted for the invention 
referred to the state secret; 
   “Declarative patent for a secret utility model” mean s a kind of a patent granted for the utility model 
referred to the state secret;    “Qualifying examination (examinati on by substance)” means the examination, which determines the 
conformity of an invention with the requirement s of patentability (novelty, inventive step, and 
industrial applicability);    “Formal examination (examination by  formal signs)” means the examination, in the course of which it 
is determined whether the object designated in an a pplication belongs to the list of objects that may be 
recognized as inventions (utility models), and whet her an application and its execution correspond to 
the established requirements;    “License” means a permission of the patent owner (licensor) that is granted to another person 
(licensee) for the use of an invention (utility model) under certain conditions;    
“Person” means a natural or legal person; 
   “Application” means a package of documents re quired for granting a patent by the Office; 
   “Applicant” means a person who has filed an appli cation or has acquired the rights of an applicant 
under another procedure established by the Law;  
   “Priority of application (priority)” means th e precedence of the filing of an application; 
   “Priority date” means a date of filing of an appli cation with the Office or with a relevant body of a 
state, which is a member of the Paris Convention for the Protection of Industrial Property, on which a 
priority has been claimed; 
  “International application” means an appli cation filed under Patent Cooperation Treaty; 
   “Register” means the State register of patents and declarative patents of Ukraine for inventions, the 
State register of Ukraine for declarative patents of  Ukraine for utility models, the State register of 
patents and declarative patents of Ukraine for secr et inventions, the State register of declarative 
patents of Ukraine for secret utility models;    “Examination institute” means the state institution (ent erprise, organization) authorized by the Office 
to consider and examine applications; IP/N/1/UKR/P/1 
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   “State system of the legal protection of intell ectual property” means the Office and a number of 
expertise, scientific, educational, informational and other state institutions of relevant specialization, 
included in the sphere of management of the Office;    
Article 2. Legislation of Ukraine on the Protec tion of Rights to Inventions (Utility Models)  
   The Legislation of Ukraine on the protection of rights to inventio ns (utility models) is based on the 
Constitution of Ukraine and is composed of this La w, the Laws of Ukraine "On the Property", "On the 
State Secret", and other normative and legislative acts. 
   
Article 3. Authorities of the Office in the Sphere of the Protection of Rights to Inventions (Utility Models)     1. The Office provides the implementation of the Stat e policy in the sphere of the protection of rights 
to inventions and utility models. To that end, it: 
   organizes the receipt and examination of app lications as well as makes decisions on them; 
   grants patents for inventions and utility models and provides the state registration of patents; 
   
provides publication of official da ta on inventions and utility models; 
   implements international cooperation in the sphere of the legal protection of intellectual property and 
represents interests of Ukraine on the matters of th e protection of rights to  inventions and utility 
models in the international organizations  according to the current legislation; 
adopts normative and legislative acts within its authorities under the determined procedure; 
   organizes the information and publishing activity in th e sphere of the legal protection of intellectual 
property;    organizes research works on the improvement of the legislation and on the organization of activity in 
the sphere of the legal protection of intellectual property; 
  organizes the work on the retraining of the personnel of the state system of the legal protection of 
intellectual property;    
authorizes institutions included into the state system of the legal protection of intellectual property, in 
accordance with their specialization, to fulfill indi vidual tasks defined by this Law, Statute of the 
Office and other normative and legislative acts in th e sphere of the legal protection of intellectual 
property;    performs other functions according to its Statut e, approved under the determined procedure. 
                 
2. The activity of the Office is financed by funds of the State Budget of Ukraine.     Article 4. International Agreements    
If international agreement of Ukraine has set rules other than those provided by the legislation of 
Ukraine on inventions (utility models), the rules of international agreement are applied, provided that 
the Verhovna Rada (Parliament) of Ukraine has approved the obligation of an international 
agreement.       IP/N/1/UKR/P/1 
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Article 5. Rights of Foreign Persons and Stateless Persons    1. Foreign persons and stateless pe rsons shall have equal rights with persons of Ukraine provided by 
this Law in accordance with inte rnational agreements of Ukraine,  provided that the Verhovna Rada 
(Parliament) of Ukraine has approved the ob ligation of these international agreements. 
   
2. Foreign persons and stateless persons residing or having a permanent location outside Ukraine 
exercise their rights in relations with the Offi ce via representatives on intellectual property matters 
(patent attorneys) registered under the Law.     
Chapter II 
LEGAL PROTECTION OF INVENTIONS (UTILITY MODELS)    Article 6. Conditions of Granting the Legal Protection 
   
1. The legal protection shall be granted to an inve ntion (utility model) that does not contradict the 
public order, humanity and morality and complies with the requirements of patentability.    2. The object of an invention (utility model), to wh ich the legal protection is granted under this Law, 
may be:   
a product (device, substance, microorganism stra in, plant or animal cells culture etc.);   
a process (method) as well as the novel use of a known product or process.    3. According to this Law, the legal protection shall not extend to such technology objects:    
plant varieties and animal breeds;   
processes of the reproduction of plants and animals that are biological in its basis and do not belong to 
non-biological and microbiological processes;   topographies of integrated circuits;   results of art constructing.    4. The priority, authorship and property right to an invention are certified by a patent (declarative 
patent). 
The priority, authorship and property right to a u tility model are certified by a declarative patent. 
The term of the patent for an invention shall be 20 years as from the date of filing of the application 
with the Office. The term of the declarative patent for a utility model shall be 6 years as from the date of filing of the 
application with the Office. 
The term of the patent for an invention, the object  of which is a drug, means for the protection of 
animals, means for the protection of plants and fo r the use of which a permission of the relevant 
authorized body is required, may be extended at the request of the owner of this patent for a period 
that is equal to the period between the date of fili ng of the application and the date of the receipt of 
such a permission, but for no more than 5 years. The filing of a request is subject to the payment of 
the respective fee.  
In this case the Office shall define the procedure for filing a request and extending the validity period 
of a patent. The term of a declarative patent for a utility mode l shall be 10 years from the date of filing of the 
application with the Office. 
The term of a patent (declarative patent) for a secret  invention and of a declarative patent for a secret 
utility model is equal to the period of the classifica tion of an invention (utility model), but may not be 
longer than the period for the protection of an i nvention (utility model) de fined under this Law. 
The validity of a patent shall be terminated befo re the appointed time under conditions prescribed in 
Article 32 of this Law. 
   IP/N/1/UKR/P/1 
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5. The scope of the granted legal protection is defined by the patent (utility model) claims. The 
interpretation of the patent claims shall be accomp lished within the descrip tion of a pa tent (utility 
model) and relevant drawings.    6. The validity of a patent (declarative patent) that has been granted for a method of obtaining a 
product shall also extend to the product directly obtained by such method.  
   Article 7. Patentability Requirement s to an Invention, Utility Model 
   1. An invention meets the patentability requirement s provided that it is new, involves an inventive 
step and is industrially applicable. 
   2. A utility model meets the patentability require ments provided that it is new and industrially 
applicable.    
3. An invention (utility model) shall be considered to  be new provided that it does not form part of the 
state of the art. Objects that are a part of the stat e of the art shall be considered only separately when 
determining the novelty of an invention.    4. The state of the art comprises everything made available to the pubic throughout the world before 
the date of filing of the application with the Office or , if the priority has been claimed, before the date 
of its priority. 
   5. The state of the art also includes a content of  any application for granting a patent in Ukraine 
(including an international application, in which Uk raine is designated) in the wording, in which this 
application has been primarily filed, provided that the date of its filing (if the priority has been 
claimed, the date of the priority) is prior to the date  referred to in Paragraph 4 of this Article, and that 
the application has been already published on or after this date.     6. The recognition of an invention (utility mode l) as a patentable one does not depend on the 
disclosure of information on the invention (utility m odel) by an inventor or by a person which has 
received such an information directly from an inventor  or indirectly within 12 months before the date 
of filing of the application with the Office or, if the priority has been claimed, before the priority date. 
In this case, the person, who is interested in using this provision, is obliged to prove the circumstances 
of the disclosure of information.    7. An invention shall be considered as involving an inventive step provided that it is not obvious to a 
person skilled in the art, i.e. an invention does not proceed obviously from the state of the art. The 
content of applications mentioned in  Paragraph 5 of this Article sha ll not be taken into consideration 
while estimating the invention level.    8. An invention (utility model) shall be considered to be industrially applicable provided that it may 
be used in industry or other field of activity.   
   
Chapter III THE RIGHT FOR OBTAINING A PATENT    Article 8. The Right of an Inventor 
   
1. An inventor shall have a right to obtain a patent unless otherwise stated in this Law. 
   2. Inventors, that have jointly created an inve ntion (utility model), shall have equal rights for 
obtaining a patent unless otherwise stated in the agreement between them. 
    IP/N/1/UKR/P/1 
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3. In case of reconsideration of conditions of the agreement concerning the staff of inventors, the 
Office, on a joint request of the persons, which are in dicated in the application as inventors, as well as 
persons, who are inventors, but are not indicated as such in the application, shall introduce amendments into relevant documents under the procedure established by the Office.  
   
4. Natural persons shall not be c onsidered to be inventors if these persons have not made personal and 
creative contribution in the creation of an inven tion (utility model) and have rendered the inventor 
(inventors) only technical, organization assistance  or pecuniary aid while  creating the invention 
(utility model) and (or) executing an application.    
5. An inventor shall have the right of authorship  that is an inalienable moral right and shall be 
protected without time limit. An inventor shall have the right to call the cr eated invention (utility model) by his own name. 
   Article 9. The Right of an Employer 
   
1. An employer of an inventor shall have the right to obtain a patent for an employee’s invention (utility model).    2. An inventor shall submit to the employer a written report on the created employee’s invention (utility model) with the description that disclosures the subject-matter of the invention quite clearly 
and completely. 
   3. An employer shall file the application for obtaining a patent with the Office or transfer the right to 
obtain a patent to another person, or make a decision on reservation of an employee’s invention 
(utility model) as confidential information within four  months from the date of receipt of the report 
from the inventor. Within this period, the empl oyer shall conclude with the inventor a written 
agreement defining the amount and conditions of pa yment of a remuneration to the inventor (the 
inventor's successor in title) accord ing to the economical value of the invention (u tility model) and 
(or) another benefit that may be derived by the employer.    4. If an employer fails to comply with the requireme nts of Paragraph 3 of this Article within the fixed 
period, the right to obtain a patent for an employee’ s invention (utility model) shall be transferred to 
an inventor or inventor's successor in title. In this case, preference for acquisition a license shall be 
given to the employer.    5. The period for reservation of an employee’s inve ntion (utility model) as conf idential information by 
an employer or an employer's successor in title  under the condition of its non-use shall not exceed 
four years. Otherwise the right for obtaining a pate nt for an employee’s invention (utility model) shall 
be transferred to an inventor or an inventor's successor in title.    6. Disputes on the conditions and amount of the pa yment of remuneration to an inventor of an 
employee’s invention (utility model) shall be resolved in a court.  
   
Article 10. The Right of a Successor in title    The successor in title of an employer or of an i nventor shall have the ri ght to obtain a patent. 
   
Article 11. The Right of the First Applicant 
   If an invention (utility model) has been created by  two or more inventors independently from each 
other, the right to obtain a patent (declarative patent ) for this invention or a declarative patent for an 
utility model shall belong to the inventor whose appli cation has been earlier filed with the Office or, if 
the priority has been claimed, to  the applicant whose application has the earlier date of priority, IP/N/1/UKR/P/1 
Page 8  
 
provided that the mentioned application is not c onsidered withdrawn, was not withdrawn, or the 
Office did not make a decision to refuse the granting of a patent    Chapter IV PROCEDURE FOR OBTAINING A PATENT 
   
Article 12. Application    1. A person, who wishes to obtain a patent (declarative patent) and has the right to do this, shall file an 
application with the Office. 
   
2. An application may be filed, on the instruction of the applicant, via a representative on intellectual 
property matters or another proxy.    3. Referring the information contained in an appli cation to the state secret is accomplished according 
to the Law of Ukraine "On the State Secret " and normative acts adopted at its basis. 
   If an invention (utility model) has been created with  the use of the information registered in the 
Corpus of Data that constitute the state secret of  Ukraine, or this invention (utility model) may be 
referred to the state secret under th e Law of Ukraine "On the State Se cret", an application shall be 
filed with the Office via a secret regime body of th e applicant or via an authorized body of the local 
state administration at the place of location (for le gal persons) or domiciliar y (for natural persons). 
The application shall be accompanied by the proposition of the applicant to refer an invention (utility model) to the state secret with the reference to th e relevant provisions of the Law of Ukraine "On the 
State Secret".    
4. The application for an invention shall relate to one invention only or to a group of inventions so 
linked as to form a single general inventive c oncept (requirement of unity of invention).  
The application for utility model shall relate to one utility model (requirement of unity of utility 
model).    5. The application shall be presente d in Ukrainian and shall contain: 
                 
a request for granting a patent for an invention or a declarative patent for an invention (utility model); 
   a description of the invention (utility model);    
invention (utility model) claims;  
   drawings (if there is a reference to them in a description);    an abstract.    
6. The applicant(s) and his (their) address, as well as an  inventor(s), shall be indicated in a request for 
granting of a patent (declarative patent),.     An inventor shall have the right to demand not to be  mentioned as an inventor of this invention (utility 
model) in any publication of the Office, in partic ular in a data on the application and a patent. 
   
7. The description of an invention (utility model) shall be represented  in the defined order and shall 
disclose the subject-matter of an invention (utility mo del) in a manner sufficiently clear and complete 
for the invention to be carried out by a person skilled in the art.      IP/N/1/UKR/P/1 
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8. Invention (utility model) claims shall disclose the subject-matter of an invention (utility model), shall be based on the description and shall be clearly  and concisely represented in the defined order. 
   9. The abstract is prepared only for information pur poses. It may not be taken into consideration for 
other purpose, in particular for interpreting invent ion (utility model) claims and determining the state 
of the art. 
   10. The Office shall define other requirements to the application documents in accordance to this 
Law.    
11. The filing of an application shall be subject to  the payment of the respec tive fee. The document on 
the payment of fee shall be received by the Office to gether with the application or within two months 
after the date of filing of the application. This pe riod may be extended but for no more than 6 months 
provided that the relevant request has been filed befo re the expiry of the period and the respective fee 
for filing the request has been paid 
   
Article 13. The Date of Filing of an Application    1. The date of filing of an application is the date  when the Office has received documents that contain 
at least:                  
a request for granting a patent (declarative patent ), written in Ukrainian and drawn up in any form; 
   information on the applicant and the address of the applicant, written in Ukrainian; 
   material that makes an impression of the descrip tion of an invention (u tility model), written in 
Ukrainian or in other language. In the last case, w ith the purpose to reserve the date of filing of the 
application the translation of this material into Ukrainian shall be received by the Office within two 
months after the date of filing of the application.     2. The date of filing of the application is dete rmined according to Paragraphs 10, 11 and 12 of 
Article 16 of this Law. 
   
Article 14. International Application    1. The procedure for obtaining a patent at the basis of an international application is similar to the 
procedure for obtaining a patent at the basis of a na tional application, with the exclusions that are 
provided by the Patent Cooperation Treaty. 
   2. The examination of an international appli cation shall be accomplished provided that the 
examination institute obtains the translation of th is application into Ukrainian and the document on 
the payment of the respective fee for filing of the ap plication before the expiry of 31 months from its 
priority date. The said period shall be extended for no  more than 2 months provided that the relevant 
request has been filed before the expiry of the pe riod and the respective fee for filing of a request has 
been paid. Upon the receipt of the said documents within th e established period, the notification on the accepting 
the international application for examina tion shall be sent to the applicant.  
   
3. A validity of the international application in  Ukraine shall be considered as suspended provided 
that the requirements of Paragraph 2 of this Article  are not fulfilled. If the applicant has fulfilled at 
least one of these requirements, the applicant shall be notified about such a suspension. 
   IP/N/1/UKR/P/1 
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4. By the request of the applicant, the validity of the international application may be renewed 
provided that the requirements of Paragraph 2 of th is Article were not fulfilled for important reasons. 
The filing of a request is subject to the payment of the respective fee.     The said request may be filed within 2 months from the date of termination of the circumstances that 
have caused noncompliance with the requirement w ith regard to the 31-month period established in 
Paragraph 2 of this Article, or w ithin 12 months from the date of its expiry, in dependence on the fact 
which of this period comes earlier. On the date of f iling of the request, the applicant shall take all the 
actions with respect to the application provided by this Law that should be ha ve taken to this date. 
   
5. If the requirements of Paragraph 4 of this Article  were not fulfilled on the date of filing the request 
for renewing the validity of the international applica tion in Ukraine with the examination institute, the 
applicant shall be notified on the possibility to refuse the request. 
If the applicant shall not remove the noncomplia nce of the request with the requirements of 
Paragraph 4 of this Article within 2 months from th e date of the receipt of this notification, the 
applicant shall be notified on the refusal of the request. 
   6. The Office shall publish the defined by itself data concerning the international application, 
international application accepted for examination in its official bulletin.    Article 15. Priority 
   
1. The applicant shall have the right to claim th e priority of an earlier application on the same 
invention (utility mode) within 12 months from the da te of filing of the earlier application with the 
Office or the relevant body of the State, which is  a member of the Paris Convention for the Protection 
of Industrial Property, provided that the priority  has not been claimed on the earlier application. 
  
2. The applicant, who wishes to use the priority ri ght, shall file a priority declaration, with the 
reference to the date of filing of the earlier application and the application number, as well as its copy, 
within 3 months from the date of filing of the application with the Office, provided that this 
application has been filed in a foreign State wh ich is a member of the Paris Convention for the 
Protection of Industrial Property. The mentioned docum ents may be changed within the said period. If 
these documents have been submitted untimely, the right to the application priority shall be 
considered to be lost, and the app licant shall be notified accordingly. 
   If the periods mentioned in Paragr aphs 1 and 2 of this Article ha ve been defaulted through unforeseen 
and independent on the applicant reasons, these periods may be extended for 2 months from the date 
of expiry of the mentioned period provided that th e respective fee has been paid. The procedure for 
extending the said periods shall be defined by the Office. The Office may demand the translation of the earlie r application into Ukrainian if necessary. The 
applicant shall submit the translation to the Office wi thin 2 months from the date of the receipt of the 
demand of the Office. If the translation is not subm itted within the specified period, the application 
priority shall be considered to be lost, an d the applicant shall be notified accordingly. 
The period for submitting the translation of an earlie r application may be extended for 6 months from 
the date of the receipt of the Office demand by the a pplicant. The extension of the period is subject to 
the payment of the respective fee.    3. With respect to the application as a whole or a certain item of invention (utility model) claims, the 
priority of several earlier applications may be clai med. In this case, the periods, the initial date of 
which is the priority date, shall be calculated from the earliest priority date.    4. The priority shall be extended only to the indicatio ns of an invention (utility model) defined in the 
earlier application, the priority of which has been claimed. 
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5. If certain indications of an invention (utility mo del) are not available in invention (utility model) 
claims of the earlier application, it shall be suffici ent for granting the priority right to present precisely 
all the indications in the description of the earlier application.    6. If processing of the earlier application is not comp leted in the Office, the earlier application shall be 
considered withdrawn in the part, for which a priori ty has been claimed, upon the receipt of a priority 
declaration according to Paragraph 2 of this Article.    7. The priority of a divisional application derived from the earlier application on the proposition of the 
Office or on the initiative of the applicant before maki ng the decision on granting or refusing a patent 
(declarative patent) shall be defined by the date of  filing of the earlier application with the Office from 
which it was derived, or if a prior ity has been claimed for the earlier application, by the date of this 
priority, provided that the subject-matter of a divisional application does not go beyond the content of the earlier application on the date of its filing.    
8. The priority of an invention (utility model) may be claimed by the date of receipt by the 
examination institute of the additional materials executed as an individual application according to 
Paragraph 7 of Article 16 of this Law, provided that this application has been filed within 3 months 
from the date of receipt by the app licant of a notification that the said  materials shall not be taken into 
consideration in the course of the examination of th e application, to which these materials have been 
enclosed. 
   
Article 16. Examination of Application    1. Examination of the application has the status of scientific and technical examination and consists of 
the preliminary examination, formal examination and,  by the application for a patent for an invention 
(secret invention), qualifying examination. The ex amination shall be made by the examination 
institute according to this Law and regulations issu ed by the Office in compliance with this Law. 
   2. The examination institute carries out information activity required for examination of applications 
and is the center for the international exchange  of information communications according to the 
Convention on International Information Communication that was adopted on December 3, 1958, by 
the United Nation General Conference fo r Education, Science, and Culture. 
   3. The final results of the examination of the appli cation that is not considered withdrawn or was not 
withdrawn shall be presented in the grounded conclusion of examination, which shall be valid after its 
approving by the Office. Based on such a conclusion,  the Office shall make a decision on the granting 
a patent or on refusing the patent. The appli cant shall be notified on the Office decision.  
   The applicant shall have the right to require the copies of the materials, which were opposed to the 
application, within a month after receiving the Office decision. These copies shall be sent to the 
applicant within a month.    
4. The applicant shall have the right, on his own initia tive or on the examination institute invitation, to 
participate personally or via his representative in discussion of the matters arising in the course of 
examination under the procedure specified by the Office.    5. The applicant shall have the right to correct e rrors in the application, change his name and his 
address, address for service and name and address of his representative. 
   The applicant may make changes in the application that are connected with the change of the person 
of the applicant by the consent of all other appli cants mentioned in the application. The person, who 
wishes to be the applicant, may also make these changes by the co nsent of all other applicants. IP/N/1/UKR/P/1 
Page 12  
 
The said corrections and changes are taken into consid eration, provided that the examination institute 
has received them not later than the document on the payment of the state fee for granting a patent had 
been received.    The said corrections and changes shall be taken in to consideration while publishing the information 
on the application for granting a patent for an invent ion if the examination institute has received them 
within 6 months before the date of publication.    The filing of the request for correction of a mistak e or making of any of the mentioned changes is 
subject to the payment of the respective fee, provided that a mistake is not obvious or technical, and 
the change is caused by reasons depended on the applicant. 
   6. The examination institute may demand from the applicant to submit additional materials if the 
examination is impossible without these materials or  if the examination institute reasonable doubts the 
veracity of the information or elements  presented in the application documents. 
   
The applicant shall have the right to request the copies of the materials, which were opposed to the 
application, within a month after receiving the ex amination institute notifi cation or conclusion with 
the demand to submit the additional materials.    The applicant shall submit the additional material s within 2 months from the date of receiving the 
notification or conclusion of the examination institu te or the copies of the materials, which were 
opposed the application. The period for submitting th e additional materials may be extended, but for 
no more than 6 months, provided that the relevant  request has been submitted and the fee has been 
paid before expiry of the said period. This period defaulted due to important reasons shall be renewed 
provided that the relevant request is submitted and the fee is paid within 6 months after the expiry of 
the period. If the applicant failed to submit the a dditional materials within the fixed period, the 
application shall be considered withdrawn, a nd the applicant shall be notified accordingly. 
   7. If the applicant has submitted the additional mate rials, it shall be determined in the course of 
examination, whether these materials do not go be yond the subject-matter of an invention (utility 
model), disclosed in the application. 
   
The additional materials shall go beyond the subject-m atter of an invention (utility model) disclosed 
in the application if they contain features that s hould be included to invention (utility model) claims.  
   The additional materials in a part, that goes beyond  the subject-matter of invention (utility model) 
disclosed in the application, shall not be taken into  consideration in the course of the examination and 
may be presented by the applicant as an individual application after receiving the relevant notification 
of the examination institute.    8. In the course of the preliminary examination, the application without the proposition of the applicant for referring an invention (utility model) to  the state secret shall be examined for detecting 
information that may be referred to the state secret according to the Corpus of Data that constitute the 
state secret of Ukraine. If such information is available in the application, and if the application contains the proposition of an 
applicant to refer an invention (utility model) to th e state secret, the application documents shall be 
transferred to the relevant State Expert on Secret Ma tters (hereinafter - "the State Expert") for making 
the decision on referring an invention (utility model) to the state secret. 
The State Expert shall submit his decision, toge ther with the application documents, to the 
examination institute within a month from the date of receiving the application documents. 
The period, within which the decision on referring an invention (utility model) to the state secret shall 
be valid, shall be determined by the State Expe rt in dependence on a degree of the information 
secrecy.  IP/N/1/UKR/P/1 
 Page 13 
 
 
If the State Expert has made the decision to refer an  invention (utility model) to the state secret, the 
State Expert shall determine the persons, who ha ve the right to access it, and the following processing 
of the application shall be accomplished in the secret regime. The examination institute shall immediately notify th e applicant on the State Expert decision. If the 
application did not contain the proposition of an app licant to refer an invention (utility model) to the 
state secret, and the State Expert has referred an invention (utility model) to the state secret, the 
applicant, in case of disagreement, may submit to the examination institute a grounded request to 
declassify the application documents or appeal to  the court against the State Expert decision. 
   9. In the course of the formal examination: 
   
the date of filing of the application shall be determined according to Article 13 of this Law; 
   it shall be determined whether the claimed object  belongs to the technology objects specified in 
Paragraph 2 of Article 6 of this Law as well as to the technology objects specified in Paragraph 3 of 
Article 6 of this Law; 
   the application shall be examined for conformity w ith the formal requirements of Article 12 of this 
Law and the regulations issued by the Office in compliance with this Law; 
   the document on the payment of the respective fee fo r filing of the application shall be examined for 
conformity with established requirements. 
   10. If the application materials meet the requireme nts of Article 13 of this Law and the document on 
the payment of the respective fee for filing of the application is presented, the applicant shall be 
notified on the determined date of filing of the application. 
   
11. If the application materials do not meet the requir ements of Article 13 of this Law, the applicant 
shall be immediately notified. If the applicant removes the nonconformity within 2 months from the date of receiving the notification, the date on which the examination institute has received the 
corrected application materials shall be considered  to be the date of filing of the application. 
Otherwise, the application shall be considered not filed, and the applicant shall be notified 
accordingly. 
   12. If in the materials of the application, which me ets the requirements of Article 13 of this Law, there 
is a reference to a drawing, but the drawing is not available in the application, the applicant shall be 
notified accordingly with the propos ition to submit the drawing or to remove the relevant reference 
from the application. If an applicant submits the dr awing within 2 months from the date of receiving 
the notification, the date of filing of an applicatio n shall be the date when the examination institute 
receives the drawing. If the applicant does not react  to the proposition, th e application shall be 
considered not filed, and the app licant shall be notified accordingly. 
   13. If the requirements of Paragraph 11 of Article 12 of this Law are not met, the application shall be 
considered withdrawn, and the app licant shall be notified accordingly. 
   14. If the claimed object belongs to the technology obj ects specified in Paragraph 2 of Article 6 of this 
Law and if the application materials meet the form al requirements of Article 12 of this Law and the 
regulations issued by the Office in compliance with  this Law, and the document on the payment of the 
respective fee for filing of an application meets the specified requirements, the applicant shall receive: 
   with respect to a patent for an invention - a notifi cation that the formal examination was competed and 
that it is possible to carry out the qualifying examination;    IP/N/1/UKR/P/1 
Page 14  
 
with respect to a declarative patent for an inve ntion (utility model) - the decision of the Office for 
granting a declarative patent for an invention (utility model).    15. If there are reasons to consider that the claimed object does not belong to the technology objects mentioned in Paragraph 2 of Article 6 of this Law,  or if the application materials do not meet the 
formal requirements of Article 12 of this Law and the regulations issued by the Office in compliance 
with this Law, or the document on the payment of the respective fee for filing of the application does 
not meet the specified requirements, the examinatio n institute shall send to the applicant the grounded 
preliminary conclusion with the proposition to presen t a grounded answer and to remedy, if necessary, 
the irregularities specified in the conclusion. 
The applicant shall give the answer  within the period fixed in Para graph 6 of this Article, and this 
answer shall be taken into consideration when the conclusion of the examination on the application is 
being prepared. If the requirement of unity of invention that is specifi ed in Paragraph 4 of Artic le 12 of this Law is not 
fulfilled, the applicant shall indicate in the answer an invention (utility model), with respect to which 
the examination of the application should be carried out, and make clarifications in the application if 
necessary. With respect to other inventions (utility models) individual applications shall be filed. 
If the requirement of unity of invention is not fu lfilled on the proposition of the examination institute, 
the examination of the application shall be accomplish ed with respect to an invention (utility model) 
that is indicated as the first in its invention claims.    
16. After the expiry of 18 months from the date of f iling of the application for granting a patent for an 
invention or, if the priority has been claimed, fro m its priority date, the Office shall publish in its 
official bulletin the defined data on the application,  provided that the application was not withdrawn, 
is not considered withdrawn or the decision on the refusal of a patent was not made.  
On the request of the applicant, the Office shall pub lish the data on the application before the expiry 
of the said period. The filing of the request is  subject to the payment of the respective fee. 
After publication of the information on the applicat ion, any person shall have the right to access to 
this data under the established pro cedure. The access to the applica tion materials is subject to the 
payment of respective fee. In the case of detecting obvious errors in the published data, the applicant shall have the right to file a 
request for correcting the errors. 
Data on the application for granting a declarative pa tent for an invention (utility model) shall not be 
published. Data on applications, for which the State Expert h as taken the decision to refer them to the state 
secret, shall not be published.    
17. In the course of the qualifying examination a claimed invention shall be examined on the 
conformity with the patentability requirement s defined by Article 7 of this Law.  
The examination institute shall carry out the qualifyi ng examination after the receipt of the relevant 
request of any person and the document on the paym ent of respective fee for the examination.  
The applicant may file the said request and the docum ent on the payment within 3 years from the date 
of filing of the application. Another person may f ile the said request and document after publication of 
the data on the application for an invention but no t later than 3 years from the date of filing of the 
application. This person shall not make decisions with respect to the application, and shall only 
receive the conclusion of the examination on the application approved by the Office. 
The period for filing of the said request and document shall be extended but for no more 
than 6 months provided that the relevant request has been filed and the fee for filing of the request has 
been paid before the expiry of this period. This  period defaulted due to im portant reasons shall be 
renewed provided that the relevant request is filed and the fee is pa id within 12 months after the 
expiry of this period. If the applicant fails to f ile the said request and document within the specified 
period, the application shall be considered withdraw n, and the applicant sha ll be notified accordingly. 
    IP/N/1/UKR/P/1 
 Page 15 
 
 
18. If there are reasons to consider that the claimed invention does not meet the patentability requirements, the examination institute shall send to the applicant the grounded preliminary 
conclusion with the proposition to give a motiva ted answer and, if necessary, to remedy the 
irregularities specified in the conclusion.    
The applicant shall give the answer within the peri od determined in Paragra ph 6 of this Article for 
additional materials, and this answer shall be ta ken into consideration when the conclusion of the 
examination on the application is being prepared. Th e matters on the fulfillment of the requirement of 
unity of invention shall be considered according to Paragraph 15 of this Article. 
   
Article 17. Withdrawal of an Application 
   The applicant shall have the right to withdraw an application at any time before the date of receiving the decision on granting a patent (declarative patent) for a secret invention or a declarative patent for a 
secret utility model or before the date of paying the state fee for granting a patent (declarative patent) 
for an invention or a declarative patent for a utility model.  
   Article 18. Transformation of Applications    The applicant shall have the right to transform:    
an application for granting a patent for an inven tion into an application for granting a declarative 
patent for an invention, and on the contrary, at any time before receiving the decision on granting or refusing a patent (declarative patent);    an application for granting a patent (declarative pa tent) for an invention into an application for 
granting a declarative patent for a utility model, and on the contrary, at any time before receiving the 
decision on granting or refusing a patent (declarative patent).   In the said cases, the determined date of filing of the application or, if the priority has been claimed, 
the priority date shall be retained. The request for transformation of the application is  subject to the payment of the respective fee. 
   
   Article 19. Confidentiality of an Application    From the date of filing of the application with the Office to the publication of the data on the 
application or information for granting a patent, the application materials shall be considered to be 
confidential information. The access of the third party to the application materials shall be prohibited, 
excluding the cases when the applicant or an au thorized agency shall permit such an access. 
Any person failed to fulfill the requirements on the co nfidentiality of the application materials shall be 
subject to the responsibility determined by the laws of Ukraine.    
(Article 20 was excluded according to the Law No. 850-IV of May 22, 2003) 
   Article 21. Temporary Legal Protection    1. The data on the application for a patent for an  invention, which were pub lished according to Article 
16 of this Law, shall provide the temporary legal pr otection for the applicant in the volume of a patent 
claims in consideration of whic h the said data were published. 
   2. After publication of the data on the application,  the applicant shall have the right to obtain a 
compensation for damages from a person, which rea lly knew, or received a notification written in 
Ukrainian with the indication of the application number about the publication of the data on the IP/N/1/UKR/P/1 
Page 16  
 
application for an invention used by this person w ithout the applicant permission. The applicant shall 
obtain the said compensation only after obtaining a patent.    3. The validity of the temporary legal protection sh all be terminated from the date of publishing the 
data on granting a patent for an invention or pub lishing a notification about the termination of the 
processing of the application. 
  4. The validity of the temporary legal protection at th e basis of an international application shall begin 
from the date of publishing the da ta on the international applicati on by the Office under the conditions 
determined in Paragra ph 2 of this Article. 
   
Article 22. Registration of a Patent    1. The state registration of a patent shall be provide d at the basis of the decision on granting a patent. 
For this purpose, the relevant data  shall be entered into the Register. The form of the Register and the 
procedure for its maintaining shall be de termined under the defined procedure. 
   2. The state registration of a patent (declarative pate nt) for an invention or a declarative patent for a 
utility model shall be provided if the documents on th e payment of the state fee for its granting and of 
the fee for publishing the data on granting a patent ar e available. The applicant shall pay the said fees 
after the receiving the decision on granting a patent. 
If the documents on the payment of the state fee for granting a patent and of the fee for publishing the 
data on granting a patent are not received by the ex amination institute within 3 months from the date 
of the receipt of the decision on granting a patent by  the applicant, the state registration of a patent 
shall not be provided, and an applica tion shall be considered withdrawn. 
The period for filing of these docum ents shall be extended but for no  more than 6 months provided 
that the relevant request has been filed and the fee for filing of the request has been paid before the 
date of its expiry. This period defaulted due to im portant reasons shall be renewed provided that the 
relevant request is filed and the fee for its filing is paid within 6 months from the expiry of this period. 
   3. After entering the data into the Register, an y person shall have the right to access to this 
information under the procedure specified by the Offi ce and to obtain an abstract of the data from the 
Register concerning a certain patent upon his request , provided that the fee for filing of the said 
request has been paid. The access to the data on a patent (declarative patent ) for a secret invention or a declarative patent for 
a secret utility model entered into the Register shall be accomplished under the requirements of the 
Law of Ukraine "On the State Secret". 
   
4. The errors in the data entered in the Register shall be corrected on the initiative of the patent owner 
or the Office. Changes to the Register may be introduced on th e initiative of the certificate owner according to the 
specified list of permitted changes. Introduction of ch anges to the Register with respect to a patent 
(declarative patent) for an invention or a declarat ive patent for a utility model is subject to the 
payment of the respective fee.  
   Article 23. Publications on Granting a Patent    1. Concurrently with the state registration of a patent (declarative patent) for an invention or a 
declarative patent for a utility model, the Office shall publish in the official bulletin the data on 
granting a patent (declarative patent) under the specified procedure.    2. Not later than 3 months from the date of publis hing the data on granting a patent, the Office shall 
publish the description of a patent (declarative patent ) that contains invention claims, the description  IP/N/1/UKR/P/1 
 Page 17 
 
 
of an invention (utility m odel), and the drawing to which there is  a reference in the description of an 
invention (utility model).    3. After publishing the data on granting a patent (dec larative patent) for an invention or a declarative 
patent for a utility model, any person shall have th e right to access to the application materials under 
the specified procedure. An access to the applicat ion materials is subject to the payment of the 
respective fee.    4. The data on granting a patent (declarative patent) for a secret invention or a declarative patent for a 
utility model shall not be published. 
   
Article 24. Appellation against the Decision on an Application    1. The applicant may appeal to the court or the Appellate Chamber against the Office decision on an 
application within 2 months from the date of receiving the Office decision or copies of documents 
required according to the Paragraph 3 of Article 16 of this Law. 
   2. If the Office decision on an application was appeal ed to the court after the state registration of a 
patent, the court shall consider simultaneously th e issue on the validity of the relevant patent. 
   3. The right to appeal the Office decision in the Appellate Chamber sh all be lost after the payment of 
the state fee for granting a patent (declarative patent ) for an invention or a declarative patent for a 
utility model.    4. The appeal against the Office decision in the Appellate Chamber shall be accomplished by submitting the objection on the Office decision under the procedure determined by this Law and the 
regulations of the Appellate Cham ber approved by the Office. Submission of the objection is subject 
to the payment of the respective fee. If the fee is not paid within the period fixed in Paragraph 1 of 
this Article, the objection shall be considered not  submitted, and the applicant shall be notified 
accordingly.    5. After receiving by the Appellate Chamber the objection and the document on the payment of the 
fee for submitting the objection, the processing of the application shall be terminated until the 
decision of the Appellate Chamber is approved.    6. The objection against the Office decision on the a pplication shall be considered according to the 
Appellate Chamber regulations within 2 months from the date of receiving the objection and the 
document on the payment of the fee for submitting the objection, within the framework of the reasons 
presented in the objection by the applicant and durin g the consideration of the objection. The period 
for consideration of the objection shall be extende d on the initiative of the applicant, but for no more 
than 2 months, provided that the relevant request has been filed and the fee for its filing has been paid. 
   7. On the results of the consideration of the obj ection, the Appellate Chamber shall make a grounded 
decision that shall be approved by the order of the Office and sent to the applicant.  
If the objection was fully or partially satisfied, the fee for submitting the objection shall be returned to 
the applicant.    8. Before approving the Appellate Chamber decisi on, within a month from the date of making the 
decision, the Head of the Office may present a grounde d written protest against this decision, and this 
protest shall be considered within a month. Th e decision of the Appellate Chamber made on the 
protest is final and may be cancelled only by the court.    9. The applicant may appeal to the court agains t the Appellate Chamber decision approved by the 
Office within 2 months from the date of receiving the decision. IP/N/1/UKR/P/1 
Page 18  
 
   Article 25. Granting a Patent    1. The Office shall grant a patent within a m onth from the date of its state registration.  
   
A patent shall be granted to a person, which has th e right to obtain a patent. If several persons have 
the right to obtain a patent, they shall obtain a single patent.    The declarative patent for an invention (utility mode l) shall be granted at the responsibility of the 
patent owner for the conformity of an invention (utility mode) to  the patentability requirements. 
   
2. The form of a patent and the content of a patent data shall be specified by the Office. 
   3. The Office on the request of the patent owner sh all remove obvious errors in  a granted patent with 
the following notification in the official bulletin. 
   
4. If a patent was lost or damaged, the patent owner shall be granted a patent duplicate under the 
procedure determined by the Office. Granting a duplicat e of a patent is subject to the payment of the 
respective fee.       Article 26. Transformation of a declarative patent 
   
With the purpose to transform a declarative patent for an invention into a patent for an invention, the 
owner of a declarative patent for an invention or his successor in title may submit with respect to the 
application on which a declarative patent has been granted, the request for accomplishing the 
qualifying examination of the application. The request  shall be submitted to the examination institute 
not later than 3 years from the date of filing the application on which a declarative patent has been 
granted. The submission of the request is s ubject to the payment of the respective fee. 
After making the decision on granting a patent for an invention according to the results of the 
qualifying examination, the validity of a declarativ e patent shall be terminated from the date of 
publishing the data on granting a patent for an inventi on. The term of a patent for an invention that 
has been granted instead of a declarative patent fo r an invention shall be 20 years from the date of 
filing of the application for granting a declarative patent for an invention. 
If the qualifying examination that is accomplished wi th the purpose to transform a declarative patent 
for an invention into a patent for an invention is not completed before the expiry of the term of a declarative patent, and any person afte r this date begins to use an i nvention or make considerable and 
serious preparations for its use, in the case wh en a patent for an invention is granted on the 
application, on which a declarative patent has been  granted, the said person may use an invention in 
the future in the volume of the made preparations without compensation to the owner of a patent for 
an invention.  If according to the results of the qualifying examinati on of the application, the decision has been made 
on the refusal a patent for an invention, a declarat ive patent for an invention shall be considered 
invalid from the date of publishing the data on gr anting this patent, and the Office shall publish the 
relevant data in the official bulletin. 
   Article 27. Declassification of a secret invention (utility model)    1. The owner of a patent for a secret invention (ut ility model) shall have the right to submit to the 
State Expert the proposition to declassify an invent ion (utility model) or to change the established 
secrecy degree of an invention (utility model). In this case, the State Expert shall examine the 
proposition and give a written answer within a m onth from the date of receiving the proposition. 
   2. The change of the secrecy degree of an inven tion (utility model) or its declassification shall be 
accomplished according to the State Expert decision on the proposition of the patent owner in  IP/N/1/UKR/P/1 
 Page 19 
 
 
connection with the expiry of the term of the decision on referring the information on an invention (utility model) to the state secret or at the basis of the court decision.    3. Within a year from the date of receiving the State Expert decision on declassification of an invention (utility model) the owner of a patent (declarative patent) for a secret invention or a 
declarative patent for a secret utility model shall ha ve the right to file a request with the Office for 
granting a patent (declarative patent) for an inventi on for the remaining period before the expiry of the 
term of a patent (declarative patent) for a secret i nvention or a declarative patent for a secret utility 
model. In this case, the Office shall introduce the re levant changes to the Register, publish the data on 
granting and grant a patent (declarative patent) according to Articles 22, 23 and 25 of this Law, 
provided that the respective fees have been paid. 
     Chapter V RIGHTS AND OBLIGATIONS DERIVING FROM A PATENT    
Article 28. Rights Deriving From a Patent 
   1. The rights deriving from a patent shall be effec tive from the date of publishing the data on granting 
a patent.  The rights deriving from a patent (declarative pate nt) for a secret invention or from a declarative 
patent for a secret utility model shall be effective fr om the date of entering data on them into the 
relevant Register. 
   2. A patent shall give the exclusive right to the owne r of a patent to use an invention (utility model) at 
his own discretion if such a use does not infringe rights of other owners of patents.     
The use of a secret invention (utility model) by th e patent owner shall be accomplished in compliance 
with requirements of the Law of Ukraine "On the St ate Secret" and shall be agreed with the State 
Expert.    The relationships, while using an invention (utility model), a patent for which belongs to several 
persons, shall be defined by an agreement between them. If such agreement is not available, each 
patent owner may use an invention (utility model) at  his own discretion, but none of them shall have 
the right to grant a permission (a license) for the us e of an invention (utility model) and transfer the 
property right on an invention to another pers on without consent of other patent owners. 
   The following shall be considered to be the use of an invention (utility model): 
  
manufacturing a product with the use of a patented i nvention (utility model), the use of this product, 
an offer of a product for the market, including an offer via the Internet, selling, import (coming-in) and other its introduction into the commercial circuit as well as storing a product for defined 
purposes;    
the use of a process protected by a patent or an offe r of a process for the use in  Ukraine, provided that 
the person offering a process shall know that the use of a process without the permission of the patent owner is prohibited or, consideri ng the circumstances, it is obvious. 
   A product shall be considered to be manufactured w ith the use of a patented invention (utility model) 
provided that each indication include d to independent item of inven tion (utility model) claims or 
equivalent indication is used while manufacturing a product. The patented process shall be considered to be the used one provided that each indication included to 
independent item of invention (utility model) claims or equi valent indication is used.  
Any product, the manufacturing process of which is pr otected by a patent, shall be considered to be 
manufactured with the use of this process provided th at there are no evidences of the contrary and at IP/N/1/UKR/P/1 
Page 20  
 
least one of the following requirements is fulfilled:    a product manufactured with the use of the patented process is new;    there are reasons to consider that a product has been  manufactured with the use of this process and the 
patent owner cannot determine a process that has b een using in the course of manufacture of a product 
by the way of acceptable efforts.    In such a case, the obligation to pr ove that a process for manufacturing the product, which is identical 
to the product manufactured with the use of the patented process, differs from the said patented 
process, shall be placed on the person with respect to which there are grounded reasons to consider 
that this person infringes the patent owner's rights.    3. The exclusive rights of the owner of a patent (declarative patent) for a secret invention or a declarative patent for a secret utility model shall be  restricted by the Law of Ukraine "On the State 
Secret" and the relevant decisions of the State Expert. 
 The owner of a patent (declarative patent) for a secr et invention or a declarative patent for a secret 
utility model shall have the right to obtain from the state body defined by the Cabinet of Ministers of Ukraine money compensation to refund the expenses fo r the payment of fees provided by this Law. 
The court shall resolve any disputes on amounts and the procedure of obtaining money compensation. 
   
4. The patent owner may use a precautionary marki ng with the indication of the patent number on a 
product or the package of a product that has been manuf actured with the use of the patented invention. 
   5. The patent shall give to his owner the exclusive right to forbid other persons to use an invention 
(utility model) without his permission, excluding the cases when according to th is Law such a use is 
not considered to be the infringement of rights granted by a patent.    6. The patent owner may transfer, by an agreement,  the property right to an invention (utility model) 
to any person, which shall become his successor in title. Secret inventions (utility models) could be 
transferred only on the approval of the State Expert. 
   
7. The patent owner shall have the right to grant th e permission (a license) for the use of an invention 
(utility model) to any person at the basis of a license  agreement and with respect to a secret invention 
(utility model) such permission may be granted only on the approval of the State Expert.    
8. The agreement for transferring the property right to an invention (utility model) or the licensing 
agreement shall be considered valid provided that they have been executed in writing and signed by 
the parties. Each party of the agreement has the right to offi cially inform other persons about transferring the 
property right to an invention (utility model) or granting the license for using an invention (utility 
model). Such a notification shall be provided by pub lishing the data in the official bulletin in the 
volume and under the procedure determined by the O ffice with simultaneous entering this data into 
the Register. Publication of the mentioned data as well as of the changes to the data proposed by the contracting 
party is subject to the payment of the respective fee.    
9. The patent owner, excluding the owner of a pate nt (declarative patent) for a secret invention or a 
declarative patent for a secret utility model, shall ha ve the right to file with the Office for official 
publication a declaration on the consent to permit any person to use the patented invention (utility 
model). In this case, the annual fee for maintaining the validity of a patent shall be reduced by 50 
percents from the next year after the year publishing the said declaration.  IP/N/1/UKR/P/1 
 Page 21 
 
 
The person, who wishes to use the mentioned permi ssion, shall conclude with the patent owner an 
agreement on payments. The court shall resolve any disputes that may occur during the fulfillment of 
this agreement. If not a single person has notified the patent owner on his intention to use an invention (utility model), 
the patent owner may file with the Office a written request for withdrawing the said declaration. In 
this case, the annual fee for maintaining the validity of a patent shall be paid in full amount from the 
next year after the year of publishing the said request.    10. The rights deriving from a patent do not infringe any other personal property or moral rights of an 
inventor, which are regulated according to other laws of Ukraine. 
   
Article 29. Obligations Deriving From a Patent    The patent owner shall pay the respective fees fo r maintaining the validity of a patent and use 
honestly the exclusive right deriving from a patent. 
   
Article 30. Expropriation of the Right  to an Invention (Utility Model) 
   1. If an invention (utility model), excluding a secret  invention (utility model) is not used or is 
inadequately used in Ukraine with in 3 years from the date of publishing the data on granting a patent 
or from the date when the use of an invention (u tility model) has been terminated, any person who 
wishes and is ready to use an invention (utility model)  may appeal to the court for granting the right to 
use an invention (utility model) provided that the ow ner of rights has rejected the conclusion of the 
license agreement. If the patent owner does not prove that the fact of nonuse of an invention (utility model) is caused by 
important reasons, the court shall make a decision on  granting the permission to an interested person 
to use an invention (utility model) and define the vo lume of its use, the term of the permission, the 
amount and procedure of remunerating the patent owner. In this case, the right of the patent owner to 
grant permissions to use an invention (u tility model) shall not be restricted. 
   2. The patent owner shall be obliged to grant th e permission (license) to use an invention (utility 
model) to the owner of the patent that has been gr anted later provided that an invention (utility model) 
of the latter is intended for other purpose or has significant technical and economical advantages and 
may not be used without infringement of the rights of the owner the patent that has been granted 
earlier. The permission shall be granted in the volum e that is necessary for the use of an invention 
(utility model) by the owner of the patent that has been granted later. In this case, the owner of the 
patent that has been granted earlier shall have the right to obtain on acceptable conditions a license to 
use an invention (utility model) that is protected  by the patent that has been granted later. 
   3. With the purpose to protect the health of popula tion, ecological safety and other public interests, the 
Cabinet of Ministers of Ukraine may permit the u se of the patented invention (utility model) by a 
defined person without the consent of the patent (d eclarative patent) owner pr ovided that this owner 
has groundlessly rejected granting a license for the use of an invention (utility model). 
In this case: 
   1. the permission for such a use shall be grante d with consideration of specific circumstances; 
   2. the volume and the duration of such a use shall be determined by purpose of the granted permission 
and, in the case of semiconductor technology this shall be purely noncommercial use by bodies of the 
state power or implementing an anticompetition practice by the decision of a relevant body of the state power;    3. the permission for such a use shall not deprive the patent owner of the right to grant permissions for 
the use of an invention (utility model);  IP/N/1/UKR/P/1 
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   4. the right to such a use shall not be transferred excluding the case when it is transferred together 
with the part of the enterprise or business practice in which this use is carried out; 
   5. the use shall be permitted mainly fo r providing the internal market needs; 
   
6. the notification concerning the grant of the perm ission for the use of an invention (utility model) 
shall be sent to the patent owner at the first opportune moment;                  7. the permission for the use shall be revoked in case of discontinuance of circumstances under which 
this permission has been granted; 
   8. an adequate compensation in accordance with an  economic value of an invention (utility model) 
shall be paid to the patent owner.    
The resolution of the Cabinet of Ministers of Ukra ine concerning the grant of the permission for the 
use of an invention (utility model), the validity peri od and conditions of the grant, revocation of the 
permission for the use, amount and procedure of pa ying a remuneration to the patent owner may be 
appealed in court procedure.     4. The owner of the patent (declarative patent) for a secret invention or a declarative patent for a 
secret utility model may grant a license for the use of his invention (utility model) only to a person 
that has a permission of the State Expert  to access to this invention (utility model). 
If the said person cannot come to the agreement with the patent owner on the grant of the license, the Cabinet of Ministers of Ukraine shall have the right to permit the use of a secret invention (utility model) according to Para graph 3 of this Article. 
   
5. The court shall resolve any disputes on the condi tions of the grant of licenses, on the amounts and 
the procedure of obtaining money compensation.    Article 31. Actions that are not Considered to be the Infringement of Rights    
1. Any person, which has honestly used a technol ogy (technical) solution identical to the claimed 
invention (utility model) or has made considerable  and serious preparations for such a use in the 
interests of its activity with the commercial purpo se before the date of filing the application for 
granting a patent on the invention (utility model) with  the Office or, if the priority has been claimed, 
before the priority date, shall have the right to exte nd this use free of charge or to use an inventions 
(utility model) as it was foreseen by the mentione d preparation (the right  of previous use). 
The right of previous use shall be restricted by the volume of the use of a solution identical to the 
claimed invention, which it was on the date of filing of the application with the Office. The right of previous use of the design may be tr ansferred to another person only together with the 
enterprise or business practice, or with the part of  the enterprise or business practice, in which the 
solution identical to the claimed invention (utility mode l) had been used or a considerable and serious 
preparation to such a use had been made. 
   2. The use of the patented invention (utility model) shall not be considered to be the infringement of 
rights deriving from a patent provided that it is used:   in a construction or during the exploitation of a vehicle of a foreign state that temporarily or 
occasionally is situated at any sea, air, or at the te rritory of Ukraine, provided that an invention (utility 
model) is used exclusively for the said vehicle operation;   without any commercial purpose;   for scientific or experimental purposes;   in emergency conditions (natural disaster, accident, ep idemic etc.) with the notification of the patent 
owner as soon as possible and with the payi ng a relevant compensation to him.   IP/N/1/UKR/P/1 
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   3. The introduction of a product that has been manu factured with the use of the patented invention 
(utility model) into the commercial circuit by any person, which has obtained a product without 
violation of the patent owner rights, shall not be co nsidered to be the infringement of rights deriving 
from a patent. 
The product manufactured with the use of the patented  invention (utility model) shall be considered to 
be obtained without the violation of the patent owner rights provided that this product has been 
manufactured by the patent owner and (or) afte r manufacturing has been introduced into the 
commercial circuit by the patent owner or other person according to the special permission (license) 
of the patent owner. 
   
4. The use of an invention with the commercial purpose by any person, which has obtained a product manufactured with the use of the patented inventio n, but could not know that this product has been 
manufactured or introduced into th e commercial circuit with the viola tion of the rights granted by the 
patent, shall not be considered to be the infri ngement of rights deriving from a patent. Meanwhile, 
after receiving the relevant notification from the owner of rights, the said person shall terminate the 
use of a product or pay the relevant compensation to the owner of rights. The amount of the said 
compensation shall be determined according to laws  or by an agreement between the parties. The 
court shall resolve any disputes on the amounts and the procedure of paying compensation.   Chapter VI 
TERMINATION OF VALIDITY AND INVALIDATION OF A PATENT 
   Article 32. Termination of a Patent Validity    1. The patent owner may at any time renounce a patent fully or partially at the basis of a declaration 
submitted to the Office. The renunciation shall be eff ective from the date of publishing the relevant 
data in the official bulletin of the Office.    The full or partial renunciation from a patent shall not be allowed without notification of the person 
who has the right to use the patented invention acco rding to a licensing agreem ent registered in the 
Office as well as in the case of seizing property through debts provided that the said property includes 
the rights protected by a patent. 
   2. The patent validity shall be terminated in th e case of default of the payment of the fee for 
maintaining the patent validity within defined period.     
The annual fee for maintaining the patent validity sha ll be paid for each year of its validity, beginning 
from the date of filing of the application. The document on the first payment of the mentioned fee 
shall be presented to the Office within 4 months fro m the date of publishing the data on granting a 
patent. The document for each following year shall be  presented or sent to the Office before the end of 
the current year, provided that the payment has been  made within the last 4 months of the year. 
   
The patent validity shall be terminated from the firs t day of the year for which the fee has not been 
paid.    The annual fee for maintaining the patent validity sha ll be paid within 12 months after the end of the 
specified period. In this case, the amount of the a nnual charge shall be increased by 50 percents.  
The patent validity shall be renewed after the payment of the fee. 
   If the fee has not been paid within the said 12 mont hs, the Office shall publis h the data on terminating 
the patent validity in its official bulletin. The fee for maintaining the validity of a patent (declarative patent) for a secret invention or a 
declarative patent for a secret utility model shall not be paid. IP/N/1/UKR/P/1 
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Article 33. Invalidation of a Patent    1. A patent may be fully or partially i nvalidated by the court in the following cases: 
   the patented invention (utility mode l) described in invention (utility model) claims does not meet the 
patentability requirements defined in Article 7 of this Law. 
   invention (utility model) claims c ontain indications that were not pr esented in the filed application. 
   the requirements of Paragraph 2 of Artic le 37 of this Law are not fulfilled. 
   
a patent has been granted in the result of filing of the application with the violation of rights of other 
persons.    2. With the purpose to invalidate a declarative pate nt, any person may file with the Office a request 
for examination of the patentability of the inven tion (utility model). Filing of the said request is 
subject to the payment of the respective fee.    3. If a patent is considered to be fully or partially  invalid, the Office shall publish the relevant data in 
its official bulletin.    
4. A patent or a part of a patent shall be consider ed to be invalid from the date of publishing the data 
on granting a patent.    Chapter VII PROTECTION OF RIGHTS 
   
Article 34. Infringement of Rights of the Patent Owner     1. Any offence against rights of the patent owner that  are defined in Article 28 of this Law shall be 
considered to be the infringement of the patent owner rights, which is prosecuted according to the 
current legislation of Ukraine. 
   
2. On the request of the patent owner, the said infri ngement shall be terminated, and the infringer shall 
indemnify the actual damage to the certificate owner.    The person who has been granted a license shall also have the right to demand the restoration of the 
affected rights of the patent owner by the patent owner consent. 
   Article 35. Methods of Protecting Rights    1. The protection of the rights to an invention (u tility model) shall be provided in court or other 
procedures established by laws. 
   
2. The jurisdiction of courts shall cover all legal re lations that may occur in connection with the use of 
this Law. The courts, according to their compet ence, shall resolve disputes on:   
authorship for an invention (utility model);   
determination of the fact of the use of a patent;   
determination of the owner of a patent;   infringement of patent owner rights;   conclusion and execution of license agreements;   the right of the previous use;   
compensation.  IP/N/1/UKR/P/1 
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  Chapter VIII CONCLUSIVE PROVISIONS    Article 36. Fees 
   
The amount of the state fee and the procedure of pa ying the state fee for granting patents shall be 
determined under the legislation.   The amount, payment terms and the procedure of paying the state fee shall be specified by the Cabinet 
of Ministers of Ukraine. 
   The costs obtained from the payments of the state fee for granting patents shall be included to the 
State Budget of Ukraine.    
The fees provided by this Law shall be paid to cu rrent accounts of the institutions authorized by the 
Office and included to the state system of the le gal protection of intellectual property and, with 
consideration of their specialization, carry  out certain tasks defined by this Law. 
   The earnings from fees provided by this Law are pur pose-oriented and, according to the orders of the 
Office, shall be used exclusively for providing the development and functioning of the state system of 
the legal protection of intellectual property, in par ticular for implementing tasks defined by this Law 
and other normative and legislative acts in  the sphere of intellectual property. 
      Article 37. Patenting an Inventi on (Utility Model) in Foreign States 
   
1. Any person shall have the right to patent an i nvention (utility model) in foreign states provided that 
the application for the invention (utility model) has been filed with the Office and this person has not 
received a notification on referring an invention (uti lity model) to the state secret within 3 months 
from the date of filing of the said application. At the request of the applicant, the applicant shall be notified on the possibility to patent an invention 
(utility model) in foreign states before the expiry of the said period. Filing of the request is subject to 
the payment of the respective fee. 
  2. If patenting of an invention (utility model) is accomplished according to the procedure established 
by the Patent Cooperation Treaty, an internationa l application shall be filed with the Office. 
   
Article 38. State Stimulation of the Creati on and the Use of Inve ntions (Utility Models) 
   The state shall stimulate the creation and the use of  inventions (utility models) and, for this purpose, 
shall establish for inventors and persons using them  favorable conditions of taxation and crediting as 
well as other advantages according to the current legislation of Ukraine. The inventors of high-effective used inventions (utility models) may be awarded with the honorary 
title of "Honored Inventor of Ukraine". 
   Chapter IX TRANSITIONAL PROVISIONS    
1. The applications for granting patents on inventio ns in Ukraine for the term of 5 years without 
examination by substance (hereinafter – patents w ith the term of 5 years), which have been filed 
according to the Decree of the Verhovna Rada (P arliament) of Ukraine of December 23, 1993 "On 
Consummation of the Law of Ukraine "On the Pr otection of Rights to Inventions and Utility 
Models"", and for which the processing procedures have  not been completed to the effective date of IP/N/1/UKR/P/1 
Page 26  
 
this Law, shall be considered to be applications for granting a declarative patents for inventions and 
shall be examined by the Office without ex amination for determining the local novelty. 
   2. On applications for granting patents with the term of 5 years, on which the decision on granting 
patents has been made before the effective date of this Law, but the state registration and publication 
of the data on granting patents have not been acco mplished, the Office shall grant declarative patents 
for inventions and publish the re levant data, provided that the respective state fee has been paid. 
The owners of the patents for inventions with the term of 5 years may file the requests for 
accomplishing the state examination and transforming  the patents under the procedure established by 
Article 26 of this Law. 
   
3. Valid patents for utility models are considered to be identical to declarative patents on utility 
models in a part of their legal regime and term.       Chapter X 
FINAL PROVISIONS 
   1. This Law shall be effective from the date of its publication.    2. Before bringing the legislation into complia nce with this Law, other laws and normative and 
legislative acts shall be used in a part that does not contradict with this Law. 
                 
3. The Cabinet of Ministers of Ukraine shall submit to the Verhovna Rada (Parliament) of Ukraine the 
propositions for bringing the legisla tion into compliance with this Law within 3 months from the date 
when this Law has become effective.    
4. After the date when this Law shall be effec tive, the documents listed below shall be invalid: 
   the Decree of the Verhovna Rada (Parliament) of  Ukraine of January 19, 1995 "On the Approval of 
the Regulations on the Procedure for Execution and Use of Rights to Inventions, Utility Models, and 
Industrial Designs that Constitute the State Secret";    
items 10 and 11 of Paragraph 3 and Paragraph 4 of the Decree of th e Verhovna Rada (Parliament) of 
Ukraine of December 23, 1993 "On Consummation of the Law of Ukraine "On the Protection of 
Rights to Inventions and Utility Models"".       
President of Ukraine                                                                                                                                         
L. KRAVCHUK    Kyiv, December 15, 1993 No. 3687-XII     
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