27 May, 2024

Patenting inventions: how does it work in Ukraine?

8 хвилин

In today’s world, where innovation and technological progress determine success,an invention patent is becoming a key tool for protecting intellectual property. In Ukraine, patenting in Ukraine is an important step for inventors seeking to protect their rights and maximise the benefits of their developments. Patenting an invention grants the inventor the exclusive right to use, sell and license their invention, preventing unauthorised copying and use by others. This stimulates innovation and promotes technological progress, ensuring that inventors are well rewarded for their work and creativity.

Section 1: What is an invention patent?

Before starting the patenting procedure, it is important to understand what exactly an invention patent is and how it functions. It is not just a document confirming authorship, but a powerful tool that provides the inventor with a number of rights and opportunities, protects your invention from unfair competition and illegal use.

1.1. Definition and scope

A patent for an invention is a document certifying the authorship of an invention and granting the inventor the exclusive right to use it for a certain period of time. It is the result of a thorough review and examination procedure that confirms the novelty, inventive step and industrial applicability of an invention.

An invention patent protects a technical solution that is new, has an inventive step and is industrially applicable. This means that the invention must be different from already known solutions, not be obvious to a person skilled in the relevant field and have the potential for practical use.

The scope of invention patents is extremely broad. They can protect a variety of technical solutions, including:

  • new products and devices;
  • New technological processes and methods;
  • new materials and substances;
  • new ways of using well-known products and processes.

Patenting of inventions is relevant for many industries, such as mechanical engineering, electronics, chemistry, biotechnology, pharmaceuticals, software and many others. Obtaining a patent provides the inventor with a number of advantages, allowing him or her to control the use of the invention, profit from its commercialisation, increase the company’s competitiveness and stimulate further innovation.

1.2. Differences between a patent for an invention and a patent for a utility model

Inventors often face a dilemma: which type of patent to choose – an invention or a utility model? Although both documents protect intellectual property, they have significant differences that affect the process of obtaining a patent and its effectiveness.

The key difference is the criterion of “inventive step”. A utility model patent is granted for a technical solution that is novel and industrially applicable, but does not necessarily have an inventive step. This means that the solution may be obvious to a specialist, but still have practical value.

In addition, there are other important differences:

  • Period of validity: a patent for an invention is valid for 20 years, while a patent for a utility model is valid for 10 years.
  • Procedure for obtaining: Patenting a utility model is usually faster and easier than patenting an invention, as the examination of a utility model application is less rigorous.
  • Cost: Obtaining a utility model patent is usually cheaper than patenting an invention.

The choice between an invention patent and a utility model patent depends on the specific situation and the characteristics of the technical solution.

If an invention is truly revolutionary and non-obvious to specialists, a patent for an invention will provide maximum protection.

If the invention is an improvement of an already known solution that is useful and practical, a utility model patent may be the best choice.

Section 2: The procedure for patenting an invention in Ukraine

So, you have an innovative idea that you think deserves a patent. What’s next? How do you turn your idea into an officially registered invention protected by law?

The procedure for the protection of inventions in Ukraine consists of several key stages, each of which requires careful preparation and attention to detail.

2.1. Stages of patent registration

The procedure for registering a patent for an invention in Ukraine is a well-defined process that includes several key stages:

  • Preparation of the application: the first step is to carefully prepare a patent application, which should contain a detailed description of the invention, drawings (if necessary), abstract and a list of claims. It is important that the description is clear, complete and unambiguously discloses the essence of the invention.
  • Filing an application with the Ukrainian National Intellectual Property Office: the prepared application must be filed with the Ukrainian National Intellectual Property Office (the “UIPO”), the state body responsible for patent registration. The application can be submitted in person, by post or online.
  • Formal examination: after submitting the application, UKRNOVI conducts a formal examination, during which it checks the availability of all necessary documents and their compliance with the requirements of the legislation.
  • Qualifying examination: after successful completion of the formal examination, the application is submitted for qualifying examination. At this stage, the examiners of UKRNOVI thoroughly analyse the invention for its novelty, inventive step and industrial applicability.
  • Publication of information on the application: after a positive decision on the results of the qualification examination, information on the application is published in the official bulletin of Ukrnoivi. This gives third parties the opportunity to get acquainted with the claimed invention and express their comments or objections.
  • Granting a patent: if no opposition is filed within the established term or if the opposition is successfully refuted, UKRNOVO decides to grant a patent. The patent is issued in the name of the applicant and grants him/her exclusive rights to the invention.

It is important to understand that the patent registration procedure can take a considerable amount of time – from one to several years. Therefore, it is important to plan this process in advance and engage qualified professionals to help you at every stage.

2.2. Necessary documents and requirements

In order to successfully complete the patenting procedure, it is necessary to carefully prepare a package of documents and comply with certain requirements.

  • Patent Application: this document contains a request for a patent for an invention and includes information about the applicant, the inventor and the invention.
  • Description of the Invention: this is an important document of the application, which should disclose the essence of the invention in detail and clearly. It should contain the title of the invention, the scope of the invention, the prior art, the disclosure of the invention, a description of the drawings (if any), a list of claims and an abstract.
  • Drawings (if necessary): if drawings, diagrams or charts are required for a better understanding of the invention, they must be attached to the application. The drawings must be made in accordance with the requirements of UKRNOVI.
  • Abstract: is a brief summary of the essence of the invention, which is published in the official bulletin of Ukrnoivi. The abstract allows you to quickly get acquainted with the invention and understand its key aspects.
  • Claim: this is one of the most important elements of the application, which determines the scope of legal protection of the invention. The claims must clearly and unambiguously indicate the technical features that distinguish the invention from the prior art.
  • Document confirming the payment of the application fee: filing a patent application is a paid service, and a document confirming the payment of the relevant fee must be attached to the application.

The requirements for the execution of documents are set out in the Instruction on Preparation and Filing of an Application for Invention, which is available on the website of Ukrnafta. It is important to carefully study these requirements and make sure that all documents are properly executed.

Any mistake in the preparation of documents may result in a delay in the examination of the application or even in the refusal to grant a patent. Therefore, it is recommended that you contact qualified patent attorneys who will help you prepare all the documents correctly and ensure the successful completion of the patenting procedure.

Section 3: Why is it important to patent inventions?

It would seem that an invention is valuable in itself, wouldn’t it? Why go through a complex and sometimes lengthy patenting procedure?

In fact, protecting inventions through patenting provides inventors with a number of important benefits that can be crucial to their success.

3.1. Advantages of patenting

Obtaining a patent for an invention is not just a formality, but a strategic step that opens up a number of advantages for an inventor or company:

  • Copy Protection: a patent gives the inventor the exclusive right to use, manufacture, offer for sale, sell and import the invention for 20 years. This means that no one else has the right to use your invention without your permission. This protection allows the inventor to control the market and prevent unfair competition.
  • Commercialisation opportunities: a patent gives the inventor the opportunity to commercialise his or her invention by manufacturing, selling or licensing it. You can create your own business based on a patented invention or grant a licence to other companies to use it for a fee. This gives you the opportunity to make a significant profit from your invention.
  • Increased competitiveness: a patent for an invention is a significant asset for a company, as it demonstrates its innovation and technological superiority. Patents can attract investors, partners and customers who are looking for new and promising technologies. This allows a company to strengthen its market position and become more competitive.
  • Increase the value of the company: patents are intangible assets of a company that can significantly increase its value. This is especially important for startups and innovative companies that plan to attract investment or sell their business in the future.
  • Creating a reputation as an expert: a patent gives an inventor or company a reputation as an expert in their field. This helps to attract talent, partners and customers who value knowledge and experience.

Thus, patenting inventions is a strategically important step for inventors and companies seeking to protect their innovations, maximise their benefits and strengthen their market position.

3.2. Consultation with a patent attorney

Patenting inventions is a complex process that requires specialised knowledge and experience. It can be extremely difficult and risky to go through all the stages of patenting on your own.

A patent for an invention is a legally binding document, and any mistake in the paperwork or in the patenting procedure can have negative consequences.

That is why it is important to contact a qualified patent attorney who has the necessary knowledge and experience to successfully patent your invention. Polikarpov Law Firm specialises in intellectual property matters, including patenting inventions. Our patent attorneys have a deep understanding of the law and extensive experience in successfully representing clients’ interests at the Ukrainian National Patent and Trademark Office.

By contacting Polikarpov Law Firm, you will receive:

  • Professional advice: our patent attorneys will analyse your invention, assess its patentability and develop an optimal patenting strategy.
  • Qualitative preparation of documents: We will draw up all the necessary documents for a patent application, taking into account all the requirements of the Ukrainian National Patent and Trademark Office and ensure their correct execution.
  • Effective support of the patenting procedure: we will represent your interests in the Ukrainian Patent and Trademark Office at all stages of patenting, respond to examiners’ requests and protect your rights.

Contacting Polikarpov Law Firm is a guarantee of reliable protection of your intellectual property rights and successful patenting of your invention.


Patenting inventions in Ukraine is an important step in protecting intellectual property and reaping the benefits of innovation. The patenting process, while it may seem complicated, is actually well defined and regulated by law.

Understanding the main stages of patenting, the necessary documents and requirements will allow inventors to successfully complete this process and obtain a patent for an invention that will become a reliable protection of their rights and open up new opportunities for the development and commercialisation of the invention..

Engaging qualified patent attorneys is a crucial factor in patenting success, as they will provide professional support at all stages of the process and help you avoid mistakes that can cost you time and money.

Protect your innovations – patent your invention and get the most out of your creativity!

Can I patent my invention on my own, or do I have to contact a patent attorney

Technically, Ukrainian law does not prohibit an inventor from going through the patenting procedure on his or her own. You have the right to prepare all the documents, file an application with Ukrpatent, correspond with examiners, assert your rights, etc.

However, in practice, independent patenting is a complicated and risky path that rarely leads to success.The patenting procedure has many nuances and pitfalls that are well known to experienced patent attorneys, but can become an insurmountable obstacle for a novice inventor.

Let us consider the main risks of independent patenting:

  • Incorrect execution of documents:even minor errors or inaccuracies in the application, description of the invention, claims, etc. may lead to a patent refusal. The requirements for the execution of documents are quite strict, and Ukrpatent checks them very carefully.
  • Incomplete disclosure of the essence of the invention:It is important not only to describe your invention, but also to do so in such a way as to clearly distinguish it from existing technical solutions and not to leave “loopholes” for competitors.
  • Incorrectly formulated claims:The claims are the key element of a patent that defines the scope of your legal protection. An inaccurately or too narrowly worded claim can negate your entire protection.
  • Ineffective communication with Ukrpatent:You will have to prepare answers to examiners’ requests, participate in negotiations, and possibly even appeal decisions in the Appeals Chamber. Without experience and legal knowledge, it will be extremely difficult.

Hiring a patent attorney is an investment that will more than pay off in the future.An experienced specialist will take care of all the hassle of patenting your invention and significantly increase your chances of success.

Are there any government support programmes for inventors that help with patenting

For example, there are government initiatives in Ukraine aimed at stimulating innovation and helping inventors to finance patenting. Although there are currently no direct grants for patenting inventions in Ukraine, there are other forms of support:

  1. Funding for research and development (R&D):
  • The Fund for Fundamental Research: provides grants for basic research, the results of which may have significant innovative potential.
  • National Research Foundation of Ukraine: finances applied research and experimental development aimed at creating new technologies, materials, products.

Obtaining funding for R&D can indirectly help with patenting inventions, as part of the funds can be used to prepare an application, conduct a patent search, pay fees, etc.

  1. Benefits for small and medium-sized enterprises:
  • Discounts on patent fees:for some categories of applicants, in particular for small businesses, discounts are provided for the payment of fees for filing an application, conducting an examination, issuing a patent, etc.
  1. Information and consulting support:
  • UKRNOIPI:provides free consultations on patenting issues, conducts seminars and trainings for inventors.
  • Non-governmental organisations and associations of inventors: provide legal and information support to their members, promote domestic inventions.

It is important to keep abreast of legislative updates and current programmes to support inventions, as well as to actively use all available opportunities to finance the patenting of your developments.

What if my invention is already being used by another person without my permission?

If you find that your invention is being used illegally by another person or company without your permission, do not hesitate to act. Ukrainian law provides you with tools to protect your rights, but it is important to act decisively and competently:

  1. Collection of evidence:
  • Save any evidence of your invention:photos, videos, web screenshots, brochures, product samples, etc.
  • Document the facts of use:dates, places, circumstances, names of witnesses, if any.
  • Apply to a notary to certify evidence:Notarisation will significantly increase the reliability of evidence in court.
  1. Pre-trial settlement:
  • Send a claim to the infringer:In writing, notify the infringer of your rights, demand that the illegal use be stopped, that the damages be compensated and that the infringer pay compensation. Please indicate the specific timeframe for fulfilling your requirements.
  • Consider mediation:Mediation is an out-of-court dispute resolution procedure involving an independent mediator.
  1. Judicial protection:
  • If the pre-trial settlement fails, file a lawsuit to protect intellectual property rights.
  • You have the right to demand that the infringer comply:
    • Stopping the illegal use of an invention.
    • Withdrawal of counterfeit products from circulation.
    • Compensation for damages in full (lost profits may also be included in the amount of damages).
    • Recovery of compensation for infringement of intellectual property rights (in Ukraine, the amount of compensation can reach significant amounts).

It is important to remember:

  • The sooner you take action to protect your rights, the more likely you are to succeed.
  • Contacting a qualified lawyer who specialises in intellectual property matters will significantly increase your chances of winning a case in court.

Is it possible to patent software in Ukraine, and if so, what are the peculiarities

This question often causes confusion. Answer: It is impossible to directly patent software in Ukraine.The Law of Ukraine “On Protection of Rights to Inventions and Utility Models” directly excludes software as such from the objects of patent protection.

However, this does not mean that the software is not protected at all.There are other protection mechanisms that can be effective if used correctly:

  1. Copyright:
  • It appears automatically when the software is created and does not require registration.
  • Protects the source code of a program and its object code as literary works.
  • Grants the author (or its assignee) exclusive rights to reproduce, distribute, modify and otherwise use the Software.
  • To confirm the authorship and date of creation, it is recommended to deposit the source code with an accredited organisation.
  1. Patenting inventions implemented with the help of software:
  • If your software is part of a broader technical solution that is “technical in nature” and solves a specific technical problem, it can be patented as an invention.
  • For example, you can patent a device control system, a method of data processing, a method of information transmission that are implemented with the help of your software.
  • In this case, the patent will protect not the software itself, but the technical solution it implements.
  1. Trade secrets:
  • If your software code contains know-how, secret algorithms or other confidential information, you can protect it as a trade secret.
  • Establish a trade secret regime in the company and sign non-disclosure agreements with everyone who has access to your code.

The choice of the best way to protect software depends on the specific circumstances and the nature of the software itself.It is recommended to consult a patent attorney or a lawyer specialising in intellectual property to determine the most effective protection strategy.

  1. Law of Ukraine “On Protection of Rights to Industrial Designs”. Link.
  2. Hague Act of the Hague Agreement Concerning the International Registration of Industrial Designs. Link.

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