On April 16, 2025, the Ukrainian Parliament adopted a law cancelling the previously effective Law of Ukraine “On the Protection of Interests of Persons in the Field of Intellectual Property during Martial Law Imposed due to the Armed Aggression of the Russian Federation against Ukraine”, enacted on April 1, 2022. The new law will enter into force 30 days after its official publication, following signature by the President of Ukraine.
Here are the main practical consequences for IP rights holders and practitioners:
1. End of extended patent validity
Patents that had formally expired but continued to be valid due to the wartime suspension of deadlines will now lose protection. This opens the way for generic products to legally enter the market where patents are no longer in force.
2. Trademark opposition
Trademark opposition deadlines, previously extended indefinitely during martial law, will revert to the standard 90-day period from publication. Late oppositions aimed at delaying registrations will no longer be possible.
3. Procedural deadlines
Regular procedural deadlines for fee payments, issuing registration certificates, and submission of necessary documents such as powers of attorney will be reinstated. Missing these deadlines without paying restoration fees will result in withdrawal of applications.
4. Processing of pending applications
Many cases in the Ukrainian IP Office remained inactive because one of the parties didn’t respond, and deadlines were frozen. Now, such applications will be processed, and decisions will start being issued.
5. Resumption of application review after oppositions
In situations where an opposition was answered but the decision of the IP Office was delayed due to potential appeal deadlines — these cases will now proceed. The IP Office is expected to finalize many long-pending registrations.
6. Fee payments and renewals
Standard schedules for trademark renewals and patent maintenance fee payments will resume. Non-payment without additional restoration fees within designated deadlines will result in the termination of IP rights.
7. More predictable IP searches
The previous uncertainty about whether a IP object had expired or was still valid (due to the wartime suspension) made it difficult to assess risks for new applications. Now, searches will become more accurate and clearer for attorneys and clients.
8. 75-Day Grace Period:
A grace period of 75 days from the date the new law takes effect will be provided to make overdue fee payments related to IP rights maintenance, ensuring they are considered timely.Following the adoption of this law, IP owners, patent attorneys, and legal professionals should return to the standard workflow and carefully monitor all deadlines. The 75-day period is the time provided to complete any actions that were postponed under the previous law without risking the loss of intellectual property rights.
