Patents
A new Ukrainian Patent Law, which replaced a provisional regulation that had been adopted immediately after the dissolution of the USSR, came into effect on July 1, 1994.The law provides for both patents, which have a maximum term of protection of twenty years from their filing date, and utility models which have a maximum duration of eight years from filing. For patent protection an invention must be new, "extend the level of known technology" and be capable of industrial use. For utility model protection, only novelty and industrial applicability are required.
Certain types of inventions are excluded from protection including:
1) discoveries, scientific theories and mathematical methods;
2) methods of organization and economic management;
3) conventional signs, schedules and rules;
4) methods of use of intellectual operations;
5) computer programs;
6) the results of artistic construction;
7) topology of integrated circuits; and
8) kinds of plants and breeds of animals, etc.
The law also apparently excludes protection of new uses of known devices,
techniques, substances or micro-organisms.
2) methods of organization and economic management;
3) conventional signs, schedules and rules;
4) methods of use of intellectual operations;
5) computer programs;
6) the results of artistic construction;
7) topology of integrated circuits; and
8) kinds of plants and breeds of animals, etc.
Novelty is to be considered on a world-wide basis including all information that has become generally available in the world "prior to the filing or priority date and any prior Ukrainian applications as long as these are ultimately published".
Examination for patents will be carried out only at the request of the applicant or third party and may be deferred for up to three years from the filing date. If examination is not requested within this period the application will lapse. Utility model applications will be subject to formal examination only.
If the application is formally in order it will be published 18 months from its filing date or any claimed priority date.
The patent grant includes an obligation to use the invention in Ukraine and is subject to the grant of compulsory licenses on Paris Convention terms if no working occurs in Ukraine.
Trademarks
The Law on Protection of Trademarks and Service Marks, reported in our Information Letter N.S. 182, entered into force on July 1, 1994. The final text of the law differs from the unofficial translation available for our earlier summary of the law's provisions. The principal differences are set forth below:
1) The provision for the registration of collective marks was deleted. However,
it is presumed that applications for collective marks will be accepted in
accordance with Ukraine's obligations under the Paris Convention.
2) An additional article has been included which provides that a mark which is the subject of an expired registration may not be re-registered by a third party until 3 years following expiration of the registration.
2) An additional article has been included which provides that a mark which is the subject of an expired registration may not be re-registered by a third party until 3 years following expiration of the registration.
November 1994 Index