Unofficial translation  
Law of Ukraine  
On amendments to certain legisl ative acts of Ukraine regarding the 
patent law reform 
The Verkhovna Rada of Ukr aine hereby declares: 
I. To amend the following leg islative acts of Ukraine: 
1. Part two of Article 460 of th e Civil Code of Ukraine (Bullet in of Verkhovna Rada of 
Ukraine, 2003, № 40-44, Art. 356)  to set forth in the following  wording: 
"The object of a useful model ma y be a device or process in any  field of technology". 
2. 2. The Law of Ukraine "On Protection of Rights to Inventions  and Utility Models" (Bulletin 
of  Verkhovna Rada of Ukraine, 2000, No. 37, Art . 307 with subs equent amendments): 
1) in Article 1: the first paragraph should be se t forth in the fo llowing wordin g: 
"In this Law, the following terms  and abbreviations are used in  such meaning; 
Paragraphs four, six, fourteen should read as follows: "In this  Law, the following terms and 
abbreviations are used in that sense: 
"Invention (utility model)” means the result of human intellect ual activity in any field of 
technology; 
"Secret invention (secret utility model) “means invention (util ity model), containing 
information referred to the state secret, the rights for which are certified by a patent for a 
secret invention (secret utility model)"; 
"Patent (patent for invention, p atent for secret invention, pat ent for utility model, patent for 
secret utility model)” means secu rity document certifying prior ity, authorship and rights for 
invention (utility model)"; 
paragraphs fifteen to nineteenth are deleted; 
the twenty-fourth, twen ty-sixth, twen ty-ninth and thirty-first paragraphs should be redrafted 
as follows: 
"License” means permission of the  patent owner (licensor) to us e the invention (utility model) 
under certain conditions, granted  to another person (licensee);  
"Application” means a set of documents required for state regis tration of the invention (utility 
model)"; 
"Priority date” means  the date of filing the application with the Institution or relevant body 
of the State Party to the Paris Convention for the Protection o f Industrial Property or the 
Agreement Establishing the World Trade Organization under which  the priority is claimed"; 
"Register” means  State register of Ukraine of inventions, Stat e register of Ukraine of secret 
inventions, State register of Ukraine of utility models, State register of Ukraine of secret utility 
models, are kept in electronic form"; supplement with new paragra phs of the following content: 
"Biological material” means material that contains genetic info rmation and can be self-
replicated or be reproduced i n a biological system; 
“Bulletin” means official ele ctronic bulletin of the Institutio n; 
“WIPO” means World Intellectual Property Organization; “State registration of an inve ntion (utility model)” means stat e registration of an intellectual 
property right to an inv ention (utility model); 
“Rights to an invention (utility model)” means intellectual pro perty rights to an invention 
(utility model); 
2) in Article 3: in part one: "; 2) in article 3: 
2) in Article 3: in Part One: P aragraph three to read as follow s: 
"Provides for state registrati on of inventions  and utility mode ls and grants patents"; 
after the third paragraph, add a  new paragraph t o read as follo ws: 
"Declares the rights to invent ions and utility models void". 
In this regard, paragraphs fou r - eleventh to consider respecti vely paragraphs five - twelfth; 
to supplement part three with the following: 
"(3) Qualified electronic signature may be used on documents wh ich the Institution accepts 
or approves in accordance with thi s Law. The submission of docu ments in electronic form to 
the Institution and the issuance of documents in electronic for m by the Institution shall be 
performed in accordance with the l egislation in the field of el ectronic documents and 
electronic document circulation, the present law and the rules established by the central 
executive body that ensu res the formation of state policy in th e field of intellectual property"; 
3) the text of Article 4 should be presented in the following w ording: 
"If the international treaty of Ukraine, liability of which is given by the Verkhovna Rada of 
Ukraine, establishes other rules than those provided by the leg islation of Ukraine inventions 
(utility models), the rules of the  international treaty shall b e applied; 
4) in Article 5: 
 replace the words "foreign pers ons and stateless persons" in t he title with the words "foreign 
and other persons"; 
in the title, replace the words "f oreign persons and stateless persons" with the words 
"foreigners, stateless persons and foreign legal entities", and  the word "persons" with the 
words "citizens and legal entities"; 
the second part shall be set fo rth in the following wording: 
"2 Foreigners, stateless persons , foreign legal entities and ot her persons with permanent 
residence or permanent location outside Ukraine, in relations w ith the Institution, shall 
exercise their rights through representatives of intellectual p roperty cases (patent attorneys) registered in accordance with the  regulation approved by the ce ntral executive authority 
ensuring formation of the state policy in the field of intellec tual property, except for the cases 
stipulated in part three of the Article "On the basis of the La w of Ukraine on Intellectual 
Property"; 
to supplement the third part with the following: 
"3 Foreigners, stateless persons, foreign legal entities and ot her persons having permanent 
residence or permanent location outside of Ukraine may perform such actions themselves:  
To submit an application to set  the date of its submission; 
to pay fees and state duty; 
to provide copies of the earlier filed application to establish  the filing date in accordance with 
Article 13 of this Law; 
to provide copies of the preliminary application to establish t he priority date in accordance 
with Article 15 of this Law; 
to receive acknowledgements and messages on any of the actions specified in paragraphs two 
- five of this paragraph, provide d that the application materia ls indicate the address for 
correspondence on the territory of Ukraine; 
5) in Article 6: in the first part, replace the wo rds "principles of humanity an d morality" with the words 
"generally recogn ized principles of morality"; 
the second and the third parts sh ould be stated i n the followin g wording: 
"2) The object of invention, legal protection of which is provi ded in accordance with this 
Law, may be a product (device, substance, microorganism strain,  cell culture of plants and 
animals, etc.), process (method). 
The object of an useful model, l egal protection of which is pro vided according to this Law, 
may be an equipment or process (method). 
3. Legal protection in  accordance with this Law does not extend  to the following objects: 
plant varieties and breeds of animals; 
biological in nature processes of  reproduction of plants and an imals not related to non-
biological and microbiological p rocesses, as well as products o f such processes; 
layouts of semiconductor products; results of artistic design; surgical or therapeutic methods o f human or animal treatment, m ethods of diagnosing the 
human or animal body. This prov ision does not apply to products  (substances or 
compositions) used in dia gnosis or treatment; 
human cloning processes; processes of change through the g erm line of human genetic iden tity; 
the use of human embryos for ind ustrial or commercial purposes;  processes of altering the genetic  identity of animals that may affect their suffering without 
any significant medical benefit to humans or animals, as well a s animals bred by such a 
process; 
the human organism at various stages of its formation and devel opment, as well as the simple 
detection of one of its elements,  in particular the sequence or  part of a gene sequence. The 
effect of this provision does not affect the provision of legal  protection for an invention the 
object of which is elements of a human body outside the body or  which have been obtained 
by other means, using a technica l process, including a sequence  or partial sequence of a gene, 
even if the structure of this el ement is identical to that of a  natural element; 
a product or process involving plants or animals, the use of wh ich is restricted to a certain 
plant variety or certain breed of animal; 
a product or process that involves a natural biological materia l, not separated from its natural 
environment, or is not the pr oduct of a technical process. 
A legal prohibition on the commercial use of a certain object f or other reasons does not affect 
the provision of legal protection. 
It does not correspond to the concept of "invention (utility mo del)" defined in Article 1 of this 
Law, but shall not be recognized as an invention (utility model ) under this Law if it acts as an 
independent object: 
discovery, scientific theor y, mathematical method, 
scheme, rules and method of ga mes, contests, auctions, physical  exercises, intellectual or 
organizational, in particular, economic activities (planning, f inancing, procurement, 
accounting, crediting, foreca sting, rationing, etc.); 
computer program; the form of presentation of information (for example, in the fo rm of tables, diagrams, graphs, 
with the help of acoustic signals , pronunciation of words, visu al demonstrations, in particular 
on the screen of a computer devi ce, audio and video disks, symb ols, including road signs, 
schemes of routes, codes, fonts, etc., schedules, instructions,  projects or schemes of planning 
of structures, buildings, territories); 
the appearance of products (in particular, products, structures , territories), aimed at satisfying 
exclusively aesthetic needs; 
in part four: paragraph one to read as follows: "4. priority, copyright and ri ghts to inventions and utility mo dels shall be certified by a patent; 
the second paragraph is deleted; 
the third paragraph should be revised as follows: "The validity period of intellect ual property rights to the inv ention shall be 20 years from the 
date of filing the application to the Institution. If an applic ation is filed on the basis of an 
international application, the v alidity period of intellectual property rights for an invention 
shall be calculated from the da te of filing of the internationa l application"; Paragraphs four to six are excluded; 
in paragraph seven, replace the wo rds "actions of a declarative  patent" with the words "actions 
of property rights of intellectual property"; 
the eighth paragraph shoul d be redrafted as follows: 
"The term of validity of property rights of intellectual proper ty for a secret invention and a 
secret utility model shall be equal to the term of classificati on of an invention or a utility 
model, but may not be longer than  the term of validity of prope rty rights of intellectual 
property for an invention or a  utility model determined under t his Law; 
in the ninth paragraph, replace the words "Effects of a patent"  with the words "Effects of 
intellectual property rights fo r an invention (utility model)";  
the fifth part shall be set fo rth in the following wording: 
"5 The scope of legal protection granted by a claim for an inve ntion or utility model. Claims 
shall be construed within the limits of the description of the invention, utility model and 
relevant drawings; 
in the sixth part, replace the wo rds "The effect of a patent (d eclarative patent) granted for a 
method" with the words "The effect of intellectual property rig hts for an invention is a 
method"; 
6) in Article 7: insert the second sentence of par t three after the word "invent ion" with the words "(utility 
model)"; 
in part five, the words "the grant of a patent in Ukraine" shal l be replaced by the words "state 
registration of an inventio n (utility model) in Ukraine"; 
in the sixth part, replace the nu mber "12" with the number "6";  
to supplement part seven with the third sentence, which reads: "New forms of a medicinal 
product known from the state of t he art, including salts, ester s, esters, compositions, 
combinations and other derivativ es, polymorphs, metabolites, pu re forms, particle sizes, 
isomers, if they do not differ si gnificantly in effectiveness; 
7) the title of Section III is to  be presented in the following  wording: 
"SECTION III 
RIGHT TO REGISTRATE AN INV ENTION (UTILITY MODEL)”; 
8) in Article 8: 
in parts one and two, replace the words "obtaining a patent" wi th the words "registration of 
invention (utility model), secret invention (secret utility mod el)"; 
in part three, the word "agreements" shall be replaced with the  word "agreements", and the 
words "the central executive body ensuring the formation of the  state policy in the field of 
intellectual property" shall be replaced with the word "institu tion"; 
9) in Article 9: 9) in Article 9: Parts one and three shall be redrafted as foll ows: "1. The right to reg ister a service invention (utility model) s hall be vested in the employer of 
the inventor, unless otherwise provided by the contract"; 
"(3) If the right to register a  service invention (utility mode l) belongs to an employer, the 
employer shall, within four month s from the date of receipt of a notification from the inventor, 
file an application with the I nstitution for state registration  of the invention (utility model), or 
transfer the right to such registration to another person, or d ecide to keep the service invention 
(utility model) as confidential in formation. Within the same pe riod of time, the employer must 
conclude a written contract with the inventor on the amount and  conditions of payment to him 
(his successor) of remuneration in accordance with the economic  value of the invention 
(utility model) and (or) o ther benefits that can be obtained by  the employer; 
in the first sentence of part four, replace the word "employer"  with the words "the right to 
register a service invention (utility model) belongs to the emp loyer even now", and the words 
"obtaining a patent for a serv ice invention (utility model)" wi th the words "registration of a 
service inventi on (utility model)"; 
10) in Article 11, the words "obtaining a patent (declarative p atent) for this invention or a 
utility model patent" shall be replaced by the words "state reg istration of the invention (utility 
model)", and the words "granting a patent" by the words "state registration of the invention 
(utility model)"; 
11) the title of Section IV shall be presented in the following  wording: 
"SECTION IV 
PRODUCT OF REGISTRATION OF THE  INVENTION (UTILITY MODEL)"; 
 
12) in Article 12: part one shall be set forth in the following wording: 
"1. A person wishing to regist er the invention (utility model) and having the right to do so 
shall file an application with the Foundation. 
An application may be submitted in paper or electronic form. Th e applicant shall choose the 
method of filing the application. 
Under the applications submitted in electronic form, electronic  r e c o r d  k e e p i n g  s h a l l  b e  
performed in accordance with the l egislation in the sphere of e lectronic documents and 
electronic document circulation, this Law and the rules establi shed on their basis by the 
central executive authority ensur ing formation of the state pol icy in the sphere of intellectual 
property. Applications in electronic form shall be submitted wh en identifying the applicant 
(representative for intellectual property or other authorized p erson of the applicant) using a 
qualified electronic signature"; 
The second paragraph of the seco nd part of the fifth should be set out in the following 
wording: 
"Application for state registr ation of the invention (utility m odel)"; 
in part six: in the first paragraph, replace th e words "granting a patent (d eclarative patent)" with the words 
"state registration of the  invention (utility model)"; in the second paragraph, replace the word "patent" with the wor ds "on state registration of the 
invention (utility model)"; 
the ninth part should be  revised as follows: 
"9 The abstract and the name of the invention (utility model) a re for informational purposes 
only. They may not be taken into account for other purposes, in  particular, to interpret the 
claims of the invention (utility m odel) and to determine the sc ope of legal protection; 
in part ten, the words "Other requirements for application docu ments are defined" should be 
replaced by the words "The application is drafted and filed in accordance with the rules 
established"; 
in part eleven: 
the second sentence should read a s follows: "The said fee shall  be payable before the 
expiration of two months  from the date of filing; 
to complete the third sentence after the words "before the expi ration of" with the words "or 
within two months afte r the expiration of"; 
13) in Article 13: in the second paragraph of the first part, replace the words "o n granting a patent (declarative 
patent)" with the words "on stat e registration of the invention  (utility model)"; 
to supplement the third part with the following: 
"(3) The provisions of this Article shall not restrict the righ t of the applicant envisaged by 
Point 3 of Article 17-1 of this Law; 
14) in Article 14: 
in the first part of this Article, replace the words "obtaining  a patent" with the words "state 
registration of the inve ntion (utility model)"; 
in the second part of this Article: 
in the first sentence, replace the word "document of payment" w ith the word "payment"; 
in the first sentence replace the first word "document of payme nt" with the word "application 
fee"; in the second sentence rep lace the second word "document of payment" with the word 
"application fee"; 
part six should be revised as follows: "6. The Institution shall publish in the Bulletin the informati on it has defined about the 
international applicati on accepted for examination"; 
15) in Article 15: in the first, third and fourth paragraphs of the second part, t he words "the central executive 
authority responsible for the for mation of state policy in the field of intellectual property" 
shall be replaced by the words "the Institution" in the corresp onding case; 
in part seven, replace the words "the grant of a patent (declar ative patent) or a decision to 
refuse it" with the words "stat e registration of the invention (utility model) or a decision to refuse such registration", and af ter the words "the essence of the invention" add the words 
"(utility model)"; 
supplement the article after the words "the Paris Convention fo r the Protection of Industrial 
Property" with the words "or the  Agreement on Establishing the World Trade Organization"; 
16) in Article 16: 
in the first part, the words "has the status of scientific and technical expertise" shall be deleted; 
in the second sentence of the firs t part of the third part, rep lace the words "pa tent granting or 
refusal of patent granting" with the words "state registration of the invention (utility model) 
or decision to refuse s uch registration"; 
in part five: in the third part, replace the wo rds "patent grant" with the wo rds "registration of invention 
(utility model)"; 
in the fourth paragraph, replace the words "the grant of a pate nt for the invention" with the 
words "the state registration of the invention"; 
the third paragraph of the sixth  part should be revised as foll ows: 
"Additional materials shall be s ubmitted by the applicant withi n two months from the date of 
receipt by him of the notificatio n or the conclusion of the exp ert examination institution or 
copies of materials opposed to the application. If the applican t fails to submit additional 
materials within the established time limit, the application sh all be considered withdrawn, 
about which the notice shall be  sent. The deadline for submissi on of additional materials is 
extended, but not more than for six months, if before its expir ation, the relevant application 
is filed and the fee for its submission is paid. If the time li mit for submission of additional 
materials is missed for good r easons, but within six months aft er its expiration the relevant 
application is filed together w ith additional materials and the  fee for its submission is paid, 
the rights of the applicant shall be restored;” 
in part nine: 
the third paragraph sh ould read as follows: 
"It shall be determined whether the invention (utility model) b elongs to the objects specified 
in the first paragraph of the second part of Article 6 of this Law, a utility model belongs to 
the objects specified in the sec ond paragraph of the second par agraph of Article 6 of this Law 
and the invention (utility model) does not belong to the object s specified in the third paragraph 
of Article 6 of this Law; 
in the fifth paragraph, replace th e words "the document on paym ent of the fee" with the words 
"the fee paid"; 
in the tenth part, replace the wo rds "the existence of a docume nt on the payment of the 
application fee" with the words "in the coordination of the pai d application fee to the 
established requirements"; 
to supplement Paragraph 13 with  two sentences of the following content: "If within two 
months after committing the acts  stipulated by Paragraph 3 of A rticle 5 of this Law by a 
foreign person or a stateless person, there is no message on ap pointment of a representative and address for correspondence, the application on which such a ct was performed shall be 
considered withdrawn. The said pe riod shall be extended, but no t more than for two months, 
if before its expiration the respective application is submitte d and the fee for its submission 
is paid; 
in part fourteen: in the first paragraph of the first part of the second part of Article 6 of this Law, replace the 
words "the claimed object to the objects of technology specifie d in the second part of the 
second part" with the words and number of "inventions to the ob jects of technology specified 
in the first part of the second part of Article 6 of this Law, or belonging of a utility model to 
the objects of technology specifi ed in the second part of the s econd part," and the words "of 
the document on payment of the f ee" with the words "- the words " of the fee paid; 
Paragraphs two and three should be stated in the following word ing: 
"Patent for invention" means a statement on the completion of a  formal examination and the 
possibility of conducting a qua lification examination; 
a utility model patent - a decisi on of the Institution on state  registration of a utility model"; 
in the first paragraph of the fi fteenth part, replace the words  "the invention does not relate to 
the technology objects specified i n the second part," with the words and the figure "the 
invention does not relate to the technology objects specified i n the second part, first paragraph, 
of Article 6 of this Law, or the claimed utility model does not  relate to the technology objects 
specified in the second part, se cond paragraph,"  and the words "a document on payment of 
the fee "in words" of the fee paid; 
in paragraph 16: Paragraphs one and five sha ll be reworded as follows: 
"16 Upon expiry of 18 months after the date of filing of the ap plication for the state 
registration of the invention and, if the priority is claimed, from the date of its priority, 
provided that the requirements set forth in paragraph 14 of thi s Article for the application for 
the state registration of the i nvention are met, the Institutio n shall publish in the Bulletin the 
information on the application as defined by it, if it is not w ithdrawn, is not considered 
withdrawn or no decision is taken  to refuse the state registrat ion of the invention"; 
"Information on the application for state registration of a uti lity model shall not be published"; 
After the sixteenth part, add two new parts as follows: "17 Within six months from the date of publication of the infor mation on the application for 
the invention, any person may f ile a reasoned opposition to the  application with the institution 
of examination. 
An objection shall be filed on the following grounds: the declared object does not meet  the requirements of parts one , two or three of Article 6 of 
this Law; 
the invention does not meet the  conditions of patentability est ablished by Article 7 of this 
Law. A fee shall be paid for filing an objection. 
The requirements for denial sha ll be defined by the central exe cutive authority that ensures 
formation of the state policy in  the field of intellectual prop erty. 
Objections shall be filed togeth er with a copy thereof, which s hall be promptly sent to the 
applicant by the expert authority . The applicant may inform the  expert examination institution 
about its attitude to the denial  within two months from the dat e of its receipt. The applicant 
may refute the objection and leav e the application unchanged, m ake changes in the application 
or withdraw it. 
Submitted opposition shall be considered within the limits of t he motives set forth in it and 
taking into account the applicant's response in case of its sub mission within the established 
term. 
The results of consideration of t he objection shall be reflecte d in the reasonable conclusion of 
the expertise on the application. A copy of the decision of the  Institution together with the 
justified conclusion is sent to the person who filed the object ion. 
18. After publication of informa tion on the application, any pe rson may file a request to the 
Institution of Examination to con duct an information search bas ed on the claims, taking into 
account the description and available drawings. 
A fee shall be paid for filing the application. Requirements to an application and the procedure for conducting  an information search shall 
be determined by the central ex ecutive authority that ensures f ormation of the state policy in 
the field of intellectual property. 
The report on the results of the information search shall be se nt to the person who filed the 
application within t wo months from the date of its submission. 
After publication of the informa tion on the application for the  invention, any person may 
submit to the examination institu tion comments on the complianc e of the claimed invention 
with the conditions for granti ng legal protecti on defined by th is Law. Such persons shall not 
participate in the records management of the application. 
There is no fee for filing a comment. The requirements to an objecti on, conditions and procedure for its consideration shall be 
determined by the central executiv e authority that ensures the formation of the state policy in 
the field of intellectual property. 
The comment received by the exp ert examination institution shal l be sent to the applicant 
without delay. The applicant ma y inform the expert examination institution about his attitude 
towards the observation. 
In this regard, the seventeenth and eighteenth parts should be considered parts nineteenth and 
twentieth, respectively; 
in part nineteenth: in the second paragraph, replace the words "of the fee payment document" with the words 
"the payment of the fee"; in the third paragraph the wor ds "the payment of the fee": 
the first and second sentences s hall be replaced by the followi ng sentence: "The applicant 
may file the specified applica tion and pay the qualification ex amination fee within three years 
from the date of filing of the a pplication, and another person may pay the qualification 
examination fee within three y ears from the date of filing of t he application, but not later than 
three years from the date o f filing of the application"; 
in the third sentence, replace th e word "she" with  "another per son"; 
The fourth paragraph should be  replaced with three new paragrap hs as follows: 
"The deadline for filing the sp ecified application and payment of the fee shall be extended, 
but not more than for six months, if before its expiration the relevant application is filed and 
the fee for its filing is paid. 
If the applicant has not submitted the said statement with resp ect to the respective invention 
application and has not paid th e fee for carrying out the quali fication examination within the 
established time limit, the applic ation shall be considered wit hdrawn and a notice shall be 
sent to him. 
If the term for submission of the specified application and pay ment of the fee for carrying out 
the qualification expertise missed for good reasons, the rights  of the applicant under the 
application shall be restored, p rovided that within six months from its expiration a relevant 
petition shall be filed together with the specified application  a n d  f e e s  s h a l l  b e  p a i d  f o r  
submission of such an appeal and f or carrying out the qualifica tion expertise"; 
to supplement the twenty fi rst part with the following: 
"21 The applicant shall have the right to amend the claims in t he course of the qualification 
examination of the invention appl ication. Such amendments may n ot go beyond the essence 
of the invention disclosed in t he application as filed and shal l not increase the scope of the 
rights as compared to the claims published on the date of the r equest for the qualification 
examination. The amended formula shall be effective from the da te of publication of 
information on state registration of the invention, provided th at the claimed claim complies 
with the patentability conditions"; 
17) Article 17 shall be worded as follows: 
"Article 17. Withdrawal of application The applicant may revoke the a pplication at any time before the  date of receipt of the decision 
on state registration of a secret  invention or a secret utility  model or before the date of payment 
of the state registration fee for the invention (utility model) . Such an application shall be 
considered withdrawn from the da te of filing a request to withd raw it; 
18) to supplement Article 17-1 with the following: 
"Article 17-1. Divis ion of application 
1. The applicant shall have the right to divide an application int o two or more applications 
(divisional applications) until the date of receipt of the deci sion of the Institution on 
the application, provided that t he essence of the invention (ut ility model) for a 
divisional application does not exceed the content of a divisio nal application as of the date of its submission. An application may be divided on the ap plicant's own initiative 
or in response to an offer o f the institution of expertise. 
2. 2. The division of the application shall be performed by filing  an application for 
division of the application and submission of a divisional appl ication, provided that 
the fees for filing the applicatio n for division and the divisi onal application are paid. 
3. 3. The applicant shall be entitled to determine the date of fil ing a divisional application 
and the priority date of a  divisional application. 
4. The examination of the divisiona l application shall be conducte d in accordance with 
Article 16 of this Law, taking into account that the term of pa yment of the fee for 
submission of the application, t he term of submission of the ap plication for conducting 
the qualification expe rtise and payment of the fee for conducti ng it shall be calculated 
from the date of receipt of the divisional application by the e xpert authority. Except 
for compliance with the requirements of Article 16 of this Law,  compliance with the 
condition defined in the first pa rt of this Article shall be ve rified. 
5. After the expiration 18 months from the date of  filing of the d ivisional application for 
the invention and, if the prior ity is claimed, from the date of  its priority or immediately 
after the completion of the forma l examination of the applicati on for the invention 
(whichever is later), the institu tion shall publish in the Bull etin the information about 
the application, if it has not been withdrawn, is not considere d withdrawn or a decision 
on refusal of state registration of the invention has not been taken. 
6. Other requirements for the division of the application shall be  defined by the rules 
established in accordance with t his Law by the central executiv e authority ensuring 
formation of the state policy in  the field of intellectual prop erty"; 
 
19) paragraph one of Article 18 shall be set forth in the follo wing wording: 
 "The applicant shall have the rig ht to turn the application for  state registration of an invention 
for state registration of a utility model and vice versa before  receiving a decision on state 
registration of the invention  (utility model) or decision on re fusal of such registration"; 
20) in the first sentence of Part One of Article 19, replace th e words "application or 
publication of information about the grant of a patent" with th e word "its"; 
21) in Article 21: in the first part, replace the wo rds "patent for invention" wit h the words "state  registration of 
the invention"; 
in the second paragraph: in the first sentence, replace th e word "invention" with the wo rds "state registration of the 
invention"; 
in the second sentence, replace the words "obtaining a patent" with the words "state 
registration of such invention"; 
in the third part, replace the words "the grant of a patent for  the invention" with the words 
"the state registration of the invention"; 
22) in Article 22: 
in the title, delete the word "patent"; the first and second parts sha ll be set forth in the following wording: 
"1. On the basis of the decision on state registration of the i nvention (utility model), secret 
invention (secret utility model), the Institution shall perform  state registration of the invention 
(utility model), secret invention (secret utility model) by ent ering the relevant information 
into the Register. The procedure of keeping the Register and th e list of information contained 
in the Register shall be defin ed by the central executive body that ensures the formation of 
the state policy in the field of intellectual property. 
2. State registration of an i nvention (utility model) shall be performed upon availability of a 
document on payment of the state fee for registration of the in vention (utility m odel) and the 
paid publication fee for state registration of the invention (u tility model). The mentioned duty 
and fee shall be paid after the  decision on state registration of the invention (utility model) is 
received by the applicant. 
Where, within three months from the date of receipt by the appl icant of the decision on state 
registration of the invention  (utility model), the document on payment of the state fee for the 
registration of the invention (u tility model) and the publicati on fee for the state registration of 
the invention (utility model) have not been received by the exp ert examination institution, the 
state registration of the inve ntion (utility model) shall not b e carried out and the application 
shall be considered withdrawn. 
Where, within three months from the date of receipt by the appl icant of the decision on state 
registration of the invention  (utility model), the document on payment of the state fee for the 
registration of the invention (u tility model) and the publicati on fee for the state registration of 
the invention (utility model) have not been received by the exp ert examination institution, the 
state registration of the inve ntion (utility model) shall not b e carried out and the application 
shall be considered withdrawn. 
If the time limit for the receipt of the document on payment of  the state fee for the registration 
of the invention (utility model), the time limit fo r payment of  the publication fe e for the state 
registration of the invention (utility model) missed for good r easons, the rights of the applicant 
under the application shall be r estored, provided that within s ix months after its expiration a 
relevant petition shall be filed together with the document on payment of the state fee for the 
registration of the invention (utility model) and the fee for f iling the said petition and the 
publication fee shall be paid; 
in part three: in the first paragraph, replace the words "on a certain patent"  w i t h  t h e  w o r d s  " o n  s t a t e  
registration of the inve ntion (utility model)"; 
in the second paragraph, replace the words "patent (declarative  patent) for a secret invention 
and declarative patent for a secret utility model" with the wor ds "secret invention (secret 
utility model)"; 
in the second sentence of the second part of the fourth part, r eplace the words "patent 
(declarative patent) for an i nvention or utility  model patent" with the words "inventions or 
utility models"; 
23) in Article 23: 
the title and part one to be set fo rth in the foll owing wording
: "Article 23. Publication . 
(1) Simultaneously with the state  registration of an invention (utility model), the Foundation 
shall publish in the Bulletin inf ormation on state registration  of the invention (utility model), 
defined in the established procedure; 
in the second part, the Instituti on shall publish a description  of a patent (declarative patent)" 
replacing the words "state regis tration of an invention (utilit y model)" with the words "the 
Institution shall publish a description of a patent"; 
in the third part, replace the w ords "granting a patent (declar ative patent) for an invention or 
a utility model patent"  with the words "state registration of t he invention (utility model)"; 
in the fourth part, replace the wo rds "grant of a patent (decla rative patent) for a secret 
invention and a declarative pa tent for a secret utility model" with the words "state registration 
of a secret invention  (secret utility model)"; 
24) in Article 24: 
the first part, replace the words "before the Court of Appeal o r the Court of Appeal" with the 
words "before the Court of App eal or the Court of Appeal"; 
part two is to exclude; 
to supplement the third part after the word "Right" with the wo rd "Applicant", and to replace 
the words "state fee for the gran t of a patent (declarative pat ent) for an invention or a utility 
model patent" with the words "to them the state fee for registr ation of the invention (utility 
model)"; 
in the fourth part, replace the wo rds "the central executive au thority ensuring the formation 
of the state policy in the field of intellectual property" with  the words "Institutions"; 
in part five and first sentence of part six, replace the word " document of payment" with the 
word "payment of"; 
the second paragraph of the second part of the seventh should b e stated in the following 
wording: 
"In case the Appeals Chamber satisfies the objection in whole o r in part from the reasons of 
violation of the procedure for co nducting the expertise, the fe e for filing the objection shall 
be returned, and the application shall be returned to the exper tise institution for conducting 
the repeated expertise"; 
part eight is to exclude; part nine, after the word "decisi on", to be completed with the words "or copies thereof"; 
to supplement part ten  with the following part: 
"10. After approval of the deci sion of the Court of Appeal, the  Institution shall publish on its 
official website and in the Bu lletin the information about the decision determined by it"; 
25) in paragraph one of Article 25: 
in the first paragraph, replace the words "afte r its state regi stration" with the words "after the 
state registration of the  invention (utility model)"; the third paragraph should be set forth in the following wordin g: 
"A utility model patent shall be issued under the responsibilit y of its owner for the compliance 
of the utility model with the p atentability conditions"; 
26) Article 26 shall be deleted; 
27) the third part of Article 27 shall be redrafted as follows:  
"3. The owner of a patent for a classified invention (utility m odel) within one year from the 
date of receipt of the decision of the State Expert on declassi fication of the invention (utility 
model) shall have the right to file a request for a patent for an invention (utility model) with 
the Institution for the period r emaining until the expiration o f the patent for a classified 
invention (classified utility model ). In such case, the EIF sha ll make appropriate amendments 
to the Register, publish the state registration of the inventio n (utility model) and grant a patent 
in accordance with Articles 22, 2 3 and 25 of this Law, provided  that the relevant fees and 
state duty are paid; 
28) To supplement Section VI with Article 271 as follows: 
"Article 271. Additional Protection of Rights to Inventions 
1. The owner of a patent for an inv ention, the object of which is the active substance of a 
medicinal product, the process of obtaining a medicinal product  or the use of a medicinal 
product, animal protection agent, plant protection agent, the i ntroduction of which into 
circulation in Ukraine is provide d by the relevant competent au thority in accordance with the 
laws of Ukraine, has the right to extend the period of validity  of intellectual property rights to 
such an invention (additional pr otection), which is certified b y a certificate. 
The certificate of additional protection shall be issued upon r equest of the patent owner. 
A fee shall be paid for filing an application. 
Rights for additional protection shall be limited to a product (active substance or a set of 
active pharmaceutical ingredients of a medicinal product), the introduction into circulation of 
which in Ukraine is permitted by t he relevant competent authori ty in accordance with the 
legislation of Ukraine, and its u s e  i n  a c c o r d a n c e  w i t h  t h e  q u a l ity of a medicinal product, 
animal protection product, plant  protection product within the rights granted by the respective 
patent on the date of filing a petition for the issue of a cert ificate of additional protection, and 
shall be effective on the following occasions. 
The owner of a patent for an invention, the object of which is a medicinal product, animal 
protection agent, plant protectio n agent, has the right to exte nd the validity of property rights 
of intellectual property, if an application for permission of t he competent authority to 
introduce a medicinal product, animal protection agent, plant p rotection agent into civil 
circulation in Ukraine was filed within one year from the date of filing such an application 
for the first time in any country. 
2. The term of additional protec tion is equal to the period bet ween the date of filing an 
application with the Institution and the date when the patent o wner received the first 
permission of the competent aut hority, reduced by five years. 
The period of additional protecti on may not exceed five years. For an invention, the subject ma tter of which is the active sub stance of a medicinal 
product, in respect of which studies have been carried out in t he field of application for 
children, the results of which are reflected in the information  about the medicinal product, for 
which a permission of the relev ant competent authority has been  issued, the periods of 
additional protection specified i n paragraphs 1 and 2 of this P art shall continue for six months. 
3. An application for additional protection must be received by th e Foundation within six 
months from the date of publica tion of the information on the s tate registration of the 
invention or the date of issue of the first authorization by th e relevant competent authority 
(whichever is later). The documents confirming the right of the  patent owner to additional 
protection shall be attached to the application. 
An application shall be considered by the expert authority in t he procedure defined by the 
Federal Executive Body, which ens ures the formation of state po licy in the field of intellectual 
property. 
4. If the submitted documents confirm the right of the patent h older for additional 
protection, the Institution shall register the additional prote ction by entering the relevant 
information into the Register. Si multaneously with the state re gistration of additional 
protection, the Office publishes information about such registr ation in the Bulletin. The 
Institution issues a certificate of additional protection withi n  o n e  m o n t h  a f t e r  t h e  s t a t e  
registration of additional protection. 
5. The rights and obligations of the owner of the additional pr otection certificate shall be 
the same as those of the owner of the corresponding patent, sub ject to the restrictions set forth 
in part 1 of this Article. 
6. Provided that the requirements specified in this part are me t, such use of the invention 
during the term of its additional protection shall not be consi dered a violation of the rights to 
the invention: 
1) Manufacturing of a product or a medicinal product containing  a product with the use of 
a patented invention for export to third countries, as well as other actions, which in accordance 
with this Law are recognized as use of the invention if they ar e necessary for manufacturing 
of the product or med icinal product containing the product for export to third countries; 
2) manufacturing of a product or a medicinal product containing  a product with the use of 
the patented invention not earlie r than six months prior to the  expiration of the term of 
additional protection for the pur pose of its storage for puttin g into circulation after the 
expiration of the term of additio nal protection, as well as oth er actions, which according to 
this Law are recognized as use of the invention if they are nec essary for manufacturing of the 
product or medicinal product containing the product and its sto rage not earlier than the 
mentioned term. 
A person who intends to manufacture a product or a medicinal pr oduct containing a 
product using a patented inventio n during the period of additio nal protection is obliged to put 
the information label "UA Expo rt" on the product during its man ufacture. 
A person who intends to manufactur e a product or medicine conta ining a product using a 
patented invention within the t erm of additional protection sha ll notify the Establishment and 
the owner of the additional protection certificate of such inte ntion in writing no later than 
three months before the beginn ing of use of the invention. The applicant's notification shall indicate his address, method s of use of the invention and 
the purpose of such use, number a nd date of issue of the certif icate of additional protection. 
In case of manufacture of a product or medicine containing the product for export, the 
communication shall also indicate the authorization number of t he competent authority of the 
third country in which the expor t is planned. The institution s hall ensure publication of 
information contained in the communication. 
The manufacturer of a product or a medicinal product containing  a product shall be obliged 
to obtain written guarantees from all persons who by its order store, export or perform other 
actions, which according to this Part are not recognized as a v iolation of the rights to 
invention, that such product or medicinal product containing a product will not be used 
otherwise than for export or sto rage in accordance with the pro cedure established by law. 
7. A fee shall be paid for each full or partial year of validit y of the additional protection 
certificate in accordance with the  procedure defined in Part tw o of Article 32 of this Law. 
8.  Termination of the validity o f the additional protection ce rtificate and recognition of 
its invalidity, protection of right s of the holder of the addit ional protection certificate shall be 
carried out in the procedure es tablished for the respective pat ent; 
29) The title of Section V shall be set forth in the following wording: 
"Section V 
RIGHTS AND DUTIES OF SUBJECTS OF INFORMATION (utility model) 
Rights"; 
30) in Article 28: in the title, replace the word "patent" with the words "state r egistration of the invention 
(utility model)"; 
part one to read as follows: "1. The rights arising from the state registration of an invent ion (utility model) shall be 
effective from the date following the date of state registratio n of the invention (utility model). 
The rights arising from the state registration of a secret inve ntion (utility model) shall be 
effective from the date of entry  of information about the secre t invention (utility model) in 
the relevant Register; 
in part two: 
the first paragraph should be se t out in the following wording:  
"2. The patent owner shall have the right to use the invention (utility model) at his own 
discretion, if such use does not infringe the rights of other p atent owners"; 
in the third paragraph: in the first sentence, replace th e words "a patent owned by mor e than one person shall be 
determined by agreement" with th e words "the owners of a patent  owned by more than one 
person shall be determined by agreement"; 
in the second sentence, replace the words "such an agreement" w ith the words "such an 
agreement" and the words "owner ship" with the words "rights"; to supplement paragraphs fourteen th to seventeenth with the fol lowing: 
"The right of the patent owner of an invention the subject matt er of which is biological 
material shall extend to any other biological material with the  same characteristics obtained 
from such biological material by  reproduction or replication in  a similar or different form. 
The right of the patent owner for an invention subject to a bio logical material process 
extends to biological material di rectly obtained by the process  and to any biological material 
with the same characteristics obtained from it by reproduction or duplication in similar or 
other form. 
The right of the patent owner for an invention, the subject mat ter of which is a product 
with genetic information, shall extend to any material (other t han that specified in the eleventh 
paragraph three of Article 6 of this Law) that contains that pr oduct and in which genetic 
information performs its function. 
The rights set forth in paragraphs 15 and 16 of this Part do no t apply to biological material 
derived from the cultivation or  multiplication of biological ma terial placed on the market by 
the patent owner, where such m ultiplication or multiplication n ecessarily results from the use 
of the biological material for wh ich it was marketed, provided that the material derived is not 
subsequently used for other c ultivation or multiplication; 
in part three: in the first paragraph, replace the words "Exclusive property r ights of the owner of a patent 
(declarative patent) for a secret  invention and a declarative p atent for a secret utility model" 
with the words "Exclusive property rights of intellectual prope rty of the owner of a patent for 
a secret invention (secret utility model)"; 
in the second paragraph, replace the words "The owner of a pate nt (declarative patent) for 
a secret invention or a declarative patent for a secret utility  model" with the words "The owner 
of a patent for a secret inven tion (secret utility model)"; 
supplement part four with t he words "(utility model)"; 
part five to be redrafted as follows: "5 The patent shall grant its owner the exclusive property righ t to prevent the use of the 
invention (utility model), includi ng prohibiting such use, unle ss such use is recognized as a 
violation of rights arising from the state registration of the invention (utility model) in 
accordance with this Law; 
in part six, replace the word "ow nership right" w ith the words "exclusive property rights 
of intellectual property"; 
in the second sentence of the second part, the word "institutio n" should be replaced with 
the words "the central  executive authority e nsuring the formati on of state policy in the field 
of intellectual property"; 
in part nine: in part nine: in paragraph one: in the first sentence, replace th e words "a patent (declarative  patent) for a secret invention 
or a patents for a secret utility  model" with the words "a pate nt for a secret invention (secret 
utility model)"; 
in the second sentence, replace t he words "patent" with the wor ds "actions of property 
rights of intellectual property  rights for the invention (utili ty model)"; 
delete the words "about payments " in the first sentence of the second paragraph; 
31) Article 29 should be redrafted as follows: 
"Article 29: Obligations Arisi ng from the State Registration of  an Invention (a Utility 
Model) 
1.  The patent holder shall pay the appropriate fees for the ma intenance of the effect of the 
intellectual property rights fo r the invention (utility model) and to use in good faith the rights 
arising from the state regist ration of the invention (utility m odel); 
32) in Article 30: the title should be set forth i n the following wording: 
"Article 30. Restrictions on in tellectual property rights to an  invention (utility model)"; 
in the first paragraph of the first part of the first part, rep lace the words "the date of 
publication of information about the patent grant" with the wor ds "the date following the date 
of state registration of the  invention (utility model)"; 
in the third part: in the first sentence of the first sentence, replace the words "the patent (declarative patent) 
owner in case of his unjustified refusal to grant a license to use the inventio n (utility model)" 
with the words "the patent owner"; 
to supplement paragraph 3 with  the words "other persons"; 
in the first paragraph of the first part of the fourth part, re place the words "The owner of a 
patent (declarative patent) for a secret invention or a declara tive patent for a secret utility 
model" with the words "The own er of a patent for a secret inven tion (secret utility model)"; 
33) in Article 31: 
in part one: 33) in Article 31: in Part One: in the first paragraph, the wor ds "for commercial purposes" 
shall be deleted; 
33. In Article 31: in the first part, in the first paragraph, t he words "for commercial 
purposes" shall be deleted; and in the second paragraph, after the word "inven tion", the words 
"(utility model)" shall be added; 
in the text of the part of the part, replace the word "preuse" with the word "previous user"; 
in the first sentence of part four: in the first sentence of Part Four: replace the word "patent" w ith the words "state 
registration of inven tion (utility model)"; after the word "invention", a dd the words "(utility model)"; 
in the first sentence of Part Four: replace the word "patent" w ith the words "(utility 
model)"; after the word "invention" add the words "(utility mod el)"; replace the words "are 
granted by patent" with the word s "arise from the state registr ation of the invention (utility 
model)"; 
to supplement with the  sixth part as follows: 
"6. It shall not be defined as violation of rights arising from  additional protection of rights 
to inventions defined in Article 271 of this Law, manufacture of a product or a medicinal 
product containing a product with the use of a patented inventi on for export to third countries, 
as well as other actions, which in accordance with this Law are  recognized as use of the 
invention if they are necessary for manufacture of the product or medicinal product containing 
a product for export to third countries;” 
34) the title of Section VI should be given i n the following wo rding: 
"SETION VI 
TERMINATION OF STATE REGIST RATION AND RIGHTS INVALID” 
35) in Article 32: 
the title and part one to read as follows: "Article 32. Termination of sta te registration of an invention (utility model) 
1. The patent holder may at any time waive the rights arising f rom the state registration of 
the invention (utility model), in w hole or in part within the l imits of the published claim for 
the invention (utility model) on th e basis of an application fi led with the Institution. 
Partial waiver is made by exclusion of independent claims or ex clusion of one or more 
independent claims and dependent claims subordinate to such ind ependent claims, or by 
amendment of the independent claim(s) if such exclusion and/or amendment reduces the 
scope of legal protection afford ed by the state registration 
An independent claim may be changed by amending or adding featu res to the existing 
features of the claim. Only the features contained in dependent  claims subordinate to such an 
independent claim may be amended. 
The Institute shall conduct an expert examination of the new ve rsion of the claims for 
compliance with the requirement s of this Article and Article 7 of this Law. A fee shall be paid 
for the expert examination. 
Full or partial waiver of rights shall take effect from the dat e of publication of information 
about it in the Bulletin. The fo rm of an application and the pr ocedure for its consideration 
shall be determined by the central executive authority that ens ures formation of the state 
policy in the field of intellect ual property. A fee shall be pa id for filing an application. 
No rights resulting from the stat e registration of the inventio n (utility model) may be fully 
or partially waived without warning to the person who has been granted the right to use the 
invention under the license contr a c t  r e g i s te re d  w i t h  t h e  F o u n d a tion, as well as in case of 
seizure of property described for debts, if it includes the rig hts resulting from the state 
registration of the invention (utility model); in the second paragraph: 
in the first paragraph, replace the word "his"  with "their"; 
in the second sentence of the second sentence, replace the word  "patent granting" with the 
word "state registration of t he invention (utility model)"; 
in the text, replace the words "t he effect of a patent", "the e ffect of a patent" and "patent" 
in all cases with the words "the effect of intellectual propert y rights for an invention (utility 
model)" in the corresponding case; 
The sixth paragraph should be s et forth in the following wordin g: 
"No fee shall be paid for the support of the intellectual prope rty rights for a secret invention 
(secret utility model); 
to supplement the seventh pa ragraph with the following: 
"If the time limit for payment of  the fee for maintenance of th e effect of the intellectual 
property rights for an inventio n (utility model) is missed, the  rights of the applicant with 
respect to a patent shall be rest ored, if only within 12 months  after the expiration of the time 
limit a relevant application is filed and the fee for filing su ch an application and the fee for 
maintenance of the effect of the intellectual property rights f or an invention (utility model) 
shall be paid. The Institution sh all publish information on res toration of the applicant's rights 
concerning the patent in Bulletin; 
36) in Article 33: 
the title should be set forth i n the following wording: 
"Article 33. Recognition of the r ights to an invention (utility  model) as invalid in a judicial 
procedure"; 
in part one: the first paragraph should be redrafted as follows: "1. The rights to an invention (utility model) may be invalidat ed by a court of law in whole 
or in part in a case"; 
in paragraph "d", replace the wo rds "patent issue" with the wor ds "state registration of the 
invention (utility model)"; 
part two shall be deleted; 
in part three, replace the words "of a pate nt or part thereof i nvalid" with the words "rights 
to an invention (utility model) inv alid in whole or in part in a judicial procedure"; 
part four should be redrafted as follows: "(4) Rights to an invention (u tility model) that have been decl ared invalid in whole or in 
part by a court of law shall be deemed not to have entered into  force from the date of 
publication of information on s tate registration of the inventi on (utility model). 
The recognition of rights to a n invention (utility model) is pa rtially invalidated by 
excluding independent claims or by excluding one or more indepe ndent claims and dependent 
claims subordinate to such indepen dent claims or by amending th e independent claim(s), unless such exclusion and/or amend ment reduces the scope of leg al protection granted by the 
state registration. 
An independent claim may be modified by amending the features o f such a claim or by 
adding features to the claim. Onl y the features contained in de pendent claims subordinate to 
such an independent claim may be amended; 
37) Section VI should be completed with Articles 331 and 332 as follows: 
"Article 331. The recognition of the right s to the invention (utility model ) as invalid by the 
Chamber of Appeal 
1. Any person may file a reasona ble application to the Chamber of Appeal to recognize 
the rights to the invention (utility model) as invalid in whole  or in part on the grounds that the 
invention (utility model) does not meet the conditions of paten tability established by this Law. 
The application may be filed thro ugh an intellectual property r epresentative (p atent attorney) 
acting on the basis o f a power of attorney. 
The recognition of rights to a n invention (utility model) is pa rtially invalidated by 
excluding independent claims or by excluding one or more indepe ndent claims and dependent 
claims subordinate to such indepen dent claims or by amending th e independent claim(s), 
unless such exclusion and/or amend ment reduces the scope of leg al protection granted by the 
state registration. 
An independent claim may be modified by amending the features o f such a claim or by 
adding features to the claim. Onl y the features contained in de pendent claims subordinate to 
such an independent claim may be amended. 
2. An application for recognition of rights to the invention as  invalid may be filed with the 
Court of Appeal within nine months from the date of publication  of information on state 
registration of the invention. A  fee shall be paid for filing t he application. The application 
shall be considered filed if the  fee is received in the account  of the expert examination 
institution. 
3. An application for invalidation of the rights to a useful mo del may be filed with the 
Chamber of Appeal during the whole term of validity of property  rights to a useful model and 
after termination of their validity. A fee shall be paid for fi ling the application. The application 
shall be considered to be filed in  case the fee is  paid to the account of the exp ert examination 
institution. 
4.  The parties to the case on r ecognition of the rights to the  invention (utility model) as 
invalid in the Court of Appeal s hall be the person who filed an  application for recognition of 
the rights to the invention (u tility model) as invalid and the owner of the patent. 
5. The parties shall have equal  rights to provide evidence, to study it and to communicate 
its persuasiveness to t he Chamber of Appeal. 
6. The Chamber of Appeal does not verify the authenticity of th e submitted evidence, and 
the responsibility for the authe nticity of the provided informa tion lies with the person who 
provided it. In case of reasonable doubts in the Board of the C hamber of Appeal concerning 
reliability of information provid ed in the provided documents, the Board shall have the right 
to request confirmation of such information. 7. Each party shall prove the circ umstances to which it refers as the basis of its claims or 
objections. 
8. Requirements to the applica tion for recognition of the right s to the invention (utility 
model) as invalid, conditions and procedure for its considerati on shall be defined by the 
central executive auth ority, which ensures formation of the sta te policy in the field of 
intellectual property. 
9. An application for recognitio n of rights to the invention (u tility model) as invalid shall 
be considered according to the rules of the Chamber of Appeal w ithin four months from the 
date of receipt of the applicatio n, provided that the fee for i ts submission is paid. This period 
may be extended by two months at the request of the party to th e application for recognition 
of the rights to the invention (utility model) as invalid and o n condition that the fee is paid. 
The time limit for consideration of an application may be suspe nded on the grounds 
determined by the central execu tive body that ensures the forma tion of the state policy in the 
field of intellectual property , but not more than for two month s. 
10. As a result of consideration of the application, the Court of Appeal makes a reasoned 
decision, which is approved by t he order of the Institution and  sent to the parties. 
11. The parties can appeal against the decision of the Court of  Appeal approved by the 
Institution within two  months from the date of its receipt. 
12. The decision of the Chamber of Appeals shall enter into for ce from the date of its 
approval by the Institution's order and shall be fully publishe d on the Institution's official 
website. 
If the rights to an invention (u tility model) are declared inva lid, the Foundation informs 
about it in the Bulletin. 
13. The rights to the inventio n (utility model), which have bee n declared invalid by the 
Chamber of Appeal, shall be deeme d not to have entered into for ce on the day following the 
day of state registration o f the invention (utility model). 
Article 332. Conclusion as to whether a  utility model meets the conditions  of patentability 
Any person may submit a motivat ed application to the Institutio n to conduct an 
examination of a utility model fo r compliance with the conditio ns of patentability. A fee is 
paid for filing an application. 
An appeal shall be considered by the expert institution in acco rdance with the procedure 
established by the central executi ve authority ensuring formati on of the state policy in the 
field of intellectual property. 2. 
(3) The Institute shall notify the owner of a utility model pat ent of the receipt of an 
application after the amount of the fee paid for filing the app lication has been received by the 
Institute. 
4. The report on the compliance of a utility model with the pat entability conditions shall 
be sent to the person filing the patent application and the pat ent owner. 
5. The Institution's conclusion on the compliance with the cond itions of patentability may 
be invoked by a person, who filed an application, in case of ap peal to the court or the Court 
of Appeal to invalidate the  rights to a useful model; 38) in Article 34, paragraph 1, t he words "rights of the patent  owner" shall be replaced by 
the words "rights"; 
39) in Article 35, paragraph 2, pa ragraph 8, the words "prior u se" shall be replaced with 
the words "previous user"; 
40) in Article 36: 
in the first part, replace the words "grant of patents for inve ntions (utility models)" with 
the words "registration o f inventions (utility models)"; 
part three to read as follows: "The funds received from payment of the state duty for registra tion of inventions (utility 
models) shall be credited to the budgets in accordance with the  procedure established by the 
Budget Code of Ukraine"; 
41) paragraph two of Article 37, after the words "the applicati on shall be filed", to be 
completed with the words "with the International Bureau of the World Intellectual Property 
Organization in compliance with  the condition specified in para graph one of this Article, or"; 
42) in the text of the Law: the word "owner" in all cases and numbers shall be replaced by the word "owner" in the 
corresponding case and number; 
replace the words "its official g azette" and "o fficial bulletin " in all decades with the word 
" Bulletin " in the corresponding box. 
3. Decree of the Cabinet of Ministers of Ukraine dated January 21, 1993 No. 7-93 "On 
State Duty" (Bulletin  of Verkhov na Rada of Ukraine, 1993, No. 13, Art. 113 with subsequent 
amendments): 
1) Paragraph two of subparagraph "c" of paragraph 6 of Article 3 should be set forth in 
the following wording: 
"For registration of the  invention (utility model); 
2) in Article 6, paragraph 1, the  words "for actions related to  the issuance of protection 
documents (patents and certificat es) for intellectual property objects and for actions related to 
the maintenance of p atents for plant varieties" shall be delete d. 
II. Final and transitional provisions 
1. This Law shall enter into fo rce from the day following the d ay of its publication. 
2. Until the legal acts adopted be fore entry into force of this  Law are brought into force, 
they shall be effective in accorda nce with this Law to the exte nt not contradicting this Law. 
3. The expertise of applications  for inventions (utility models ), the expertise of which is 
not completed as of the date of entry into force of this Law, s hall be conducted in the 
procedure established by this La w. The compliance of objects wi th the conditions for granting 
legal protection (patentability) shall be determined in accorda nce with the legislation in force 
on the date of filing the application. 4. The patents issued on applications received by the Instituti on before the effective date 
of this Law shall be valid. 
5. An application for invalidation of intellectual property rig hts to an invention (utility 
model) may be filed with the Cha mber of Appeal for any inventio n (utility model), on which 
the intellectual property rights,  in particular, the invention (utility model), the right to which 
has been acquired on the date of entry into force of this Law. The compliance of objects with 
the conditions for granting lega l protection (patentability) sh all be determined in accordance 
with the legislation in force on the date of application. 
6. The Cabinet of Ministers of Ukraine within six months from t he day this Law enters 
into force: 
to bring its regulatory legal ac ts into conformity with this La w; 
to ensure that ministries and other central bodies of executive  power bring their regulatory 
and legal acts into conformity with this Law. 
President of Ukraine  Volod ymyr  ZELENSKIY
Kyiv  
21 July 2020  
№ 816-IX   
 
 
 
 
  