Filing of an Application Form in Ukraine

• New application for a patent in Ukraine
• Convectional application for a patent in Ukraine
• Application for a patent in accordance with the Patent Cooperation Treaty (PCT)
• National stage of the PCT application in Ukraine
• Application for a mark for goods and services in Ukraine
• International application for a trademark in the accordance with the Madrid Agreement and Protocol
• Industrial design patent application in Ukraine
• International industrial design patent application in accordance with the Hague Agreement

Our address:

65 Sumskaya str. apt. 7,
Kharkov
61022
Ukraine

PO box 3120, Kharkiv, 61072 (UA)

Tel. (fax): +38 (057) 702-42-41, 340-17-07, +38 (050) 302-33-83
Tel.: +38 (057) 764-84-06
E-mail: krakhmalyova@mail.ru

New Application for a Patent in Ukraine

In order to prepare and file a new application for a patent, the following information and documents are necessary:

1.	The claimer’s (claimers’) full commercial name (if a claimer is a natural person – a full name and citizenship;
2.	The claimer’s (claimers’) full address (legal and for service);
3.	The inventors’ full names and citizenship;
4.	The invention description, including a description proper, a formula of invention, drafts and a summary;
5.	A translation of the description into Ukrainian in triplicate;
6.	A letter of authority for a patent solicitor;
7.	A document confirming payment of the filing charge.

The translation, the letter of authority for a patent agent and the document confirming payment of the charge may be submitted within two months from filing of the application.

A request for qualification examination of the application can be submitted within three years from the filing.

The full patent term is 20 years from the filing on conditions that the fixed annual charges for keeping a patent valid are settled.

Convectional Application for a Patent in Ukraine

In order to prepare and file a convectional application for a patent in Ukraine, the following information and documents are necessary:

1.	The claimer’s (claimers’) full commercial name (if a claimer is a natural person – a full name and citizenship;
2.	The claimer’s (claimers’) full address (legal and for service);
3.	The inventors’ full names and citizenship;
4.	The invention description, including a description proper, a formula of invention, drafts and a summary;
5.	A translation of the description into Ukrainian in triplicate;
6.	A letter of authority for a patent solicitor;
7.	A document confirming payment of the filing charge;
8.	Legalized copies of the convention documents.

The translation, the letter of authority for a patent agent and the document confirming payment of the charge may be submitted within two months from filing of the application.

A request for qualification examination of the application can be submitted within three years from the filing in Ukraine .

Application for a Patent in accordance with the Patent Cooperation Treaty (PCT)

Since a patent is territorial, in order to patent an invention in the countries of interest it is necessary to proceed with applications in the Patent Office of each state on the so-called traditional procedure.

In order to keep the convention priority (i.e. the date of the first filing) it is necessary to submit all the applications within 12 months from the date of the first filing. The claimer shall observe official requirements of each state for filing (the application should be written in the language of a corresponding country, it is necessary to correspond with the Patent Office of each state through patent solicitors and to pay charges provided in each country, etc.). This system is rather complicated, especially if patents are obtained in many states.

However, if it is essential to patent an invention not only in countries, which are members of a corresponding regional system, it is the most efficient to take out a patent on the PCT system, accordingly to which claimers of the states, which haved signed the Treaty, can file one International application. It is as valid as a properly complete national application of each country that has signed the Treaty.

Documents, necessary for filing an application on the PCT procedure:

1.	Commission for filing an application, containing the following information: The claimer's full name, citizenship and address (if the claimer is a juridical person – his full commercial name and legal address); Information on the authors (full name, citizenship and address); Information on priority applications (while claiming a convention priority); A list of states, for which the protection will be asked, a form of the asked document of title for these states.
2.	A description, a formula of the invention or useful model, a summary, a set of drafts (if the description contains references to them);
3.	Exemplifications of priority applications (while claiming a convention priority);
4.	A letter of authority for a patent solicitor;

Some advantages of patenting on the PCT system:

• The claimer is exempted from paying for preparation of applications for one invention in order to obtain a patent in different countries;
• The claimer has more time to decide on the expediency of patenting the invention in the chosen states;
• The claimer can order the International search and international examination that allows more accurate weighing the expediency of switch to the stage of obtaining national patents (or timely change the claims) and therefore avoid needless expenses.

There exist also regional agreements, facilitating to claimers the process of patenting in countries of interest. The essence of the regional system is that states of some regions have signed regional agreements on obtaining one patent valid in every state of the region that signed a corresponding agreement. In this way the Europatent (covering the main European states), the Eurasian patent (covering some states of the CIS), and the ARIPO and OAP patents (covering some African states) appeared. A significant advantage of obtaining a regional patent is the fact that having filed one application, it is possible to get a patent, valid in all the states – members of the treaty.

National Stage of the PCT Application in Ukraine

In order to enter the national stage in Ukraine, the following information and documents are necessary:

1.	The claimer’s (claimers’) full commercial name (if the claimer is a natural person – a full name and citizenship);
2.	The claimer’s (claimers’) full address (legal and for service);
3.	The inventors’ full names and citizenship;
4.	A WO publication of the application PCT with a report on the international search (Form PCT/ISA/210);
5.	A copy of allowance (Form PCT/IPEA/409) (when the application enters the national stage according Chapter II);
6.	All amendments to the PCT application at the international stage;
7.	A translation of the description into Ukrainian in triplicate;
8.	A document confirming payment of the filing charge;
9.	A letter of authority for a patent solicitor.

In order to prepare and file an Application for a patent on the PCT application in the Ukrpatent a copy of the WO publication shall be sufficient (naturally, with its title-page, where the number and the date of filing of the international application, the claimer's full name and full address, the inventors' full names and citizenship, information on the priority application (applications) (number, date of filing, state where the application was filed) are specified).

All other documents, including a letter of authority for a patent agent, a document confirming payment of the filing charge, and a translation of the description into Ukrainian can be submitted within two months from filing of the application.

If you do not have a translation of the description into Ukrainian, it is possible to order it with us.

A request for qualification examination of the application can be submitted within three years from filing of the international application in the receiving office.

Application for a Trademark in Ukraine

In order to prepare and file an application for a trademark in Ukraine , the following information and documents are necessary:

1.	The claimer’s full commercial name (if a claimer is a natural person –his citizenship);
2.	The claimer’s full address (legal and for service);
3.	An image (a photocopy or copy prints) of the size 80 x 80 mm or a label of the size 140 x 140 mm in five and ten copies for black-and-white and colored marks correspondingly. If the mark is verbal, we can prepare the prints ourselves;
4.	A list of all goods and services for which or in connection with which the mark is meant to be used;
5.	A letter of authority for a patent solicitor;
6.	A document confirming payment of the filing charge;

A document confirming payment of the filing charge shall be submitted to the Ukrpatent simultaneously with other documents or within two months from the date of filing.

Form the date of filing the declared mark receives a temporary protection in Ukraine till its registration in the public register and receiving the corresponding certificate.

The certificate is valid within 10 years from the filing and can be extended repeatedly (each time for 10 years) on condition that a corresponding request is submitted during the last year of the certificate validity and the corresponding charge is paid.

International Application for a Trademark in the accordance with the Madrid Agreement and Protocol

A wide international exchange of goods made it necessary for goods manufacturers and their distributors to register their trademarks in other countries.

To overcome formalities and inconveniencies of the trademark registration in each country, a special Agreement was worked out. It was signed in April, 14, 1891 in Madrid and was called “the Madrid Agreement”. Ukraine is a Madrid Agreement country.

Citizens of Madrid Agreement countries can ensure in all other Madrid Agreement countries protection of their marks, applying to goods and services and registered in the country of origin by filing applications for these signs in the International Bureau executing this registration.

Documents, necessary to file an international application for a trademark registration on the Madrid Agreement and Madrid Protocol procedure:

	An order letter for filing of an application, containing the following information: the claimer's name; the claimer's address; a list of goods and services, subject to the registration (the list shall coincide with that, stipulated in the certificate or shall be narrower);
	A copy of the registration certificate in the country of origin;
	A list of countries, in which the protection will be asked;
	The trademark image, whose size shall not exceed 8 x 8 cm;
	A letter of authority for a patent solicitor.

Advantages of the international registration of trademarks are as follows:

• the procedure of filing applications for the registration of a trademark becomes easier; the claimer is to file only one application in the International Bureau for the Protection of the Intellectual Property, indicating the countries, in which protection is asked;
• expenses for the international registration decreases significantly comparing with those for registration in each country separately;
• there is no need in observing the rules of legalization of application documents, marks images (prints), etc. in each country, in which the trademark protection is asked;
• in the International Bureau marks are registered for 20 years (according to the Madrid Agreement), for 10 years (according to the Protocol to the Madrid Agreement) with possibility to extend it by paying necessary charges.

Industrial Design Patent Application in Ukraine

In order to prepare and file an application for an industrial design in Ukraine , the following information and documents are necessary:

1.	The claimer's (claimers') full commercial name (if a claimer is a natural person – a full name and citizenship;
2.	The claimer’s (claimers’) full address (legal and for service);
3.	The inventors’ full names and citizenship;
4.	A full set of images (photographs) of the product, that demonstrates all essential features of the industrial design in triplicate (general view (front 3/4 view), right-side view, left-side view, underside view and view from above, if necessary). If the color is an essential feature of industrial design, it is necessary to submit color photographs (slides) in one copy. The images size shall be 18 x 24 cm. Sizes of photographs for small products (e.g. lighters, watches, etc.) can be 13 x 18 or 9 x 12 cm. Every variant of the filed industrial design invention shall be attended by a separate set of photographs.
5.	Drafts, schemes, diagrams (if necessary);
6.	A description containing a name of the industrial design; a class ICID a purpose and field of use; a comparison of the industrial design with its immediate analogue (desirable); a list of photographs, drafts and schemes; the essence and essential features of the industrial design;
7.	Information on priority (a copy of the priority document, if it exists);
8.	A letter of authority for a patent agent.

A patent for an industrial design term is 10 years from filing and can be extended one time (for five years) on condition that a due request is submitted during the last year of the certificate validity and settlement of a corresponding charge.

International industrial design patent application in accordance with the Hague Agreement

The Hague Agreement, signed as part of the Paris convention, allows the privies to ask international protection of their industrial designs in a number of countries, executing minimum formalities and with minimum expenses – by filing only one application to the International Bureau of the World Intellectual Property Organization.

Filing of an international application does not involve availability of a preliminary national application. The claimer or his representative shall file in an application form, provided by the International Bureau free of charge, directly in the International Bureau of the World Intellectual Property Organization.

An international application shall be written in one of the languages, agreed to the Instruction to the Geneva Act of the Hague Agreement of international registration of industrial designs. It shall contain or be accompanied by:

1.	An application for international registration according to the Geneva Act of the Hague Agreement of international registration of industrial designs;
2.	Information on the claimer, agreed to the Instruction to the Geneva Act of the Hague Agreement;
3.	The image copies in number, agreed to the Instruction to the Geneva Act of the Hague Agreement, or several different images of the industrial design at the claimer’s option. If the industrial design is two-dimensional, the international application may be accompanied by its full-scale copies in quantity, agreed to the Instruction;
4.	A list of models, which the industrial design contains or in connection with which it will be used, in the procedure, agreed to the Instruction the Geneva Act of the Hague Agreement.
5.	Names of the Contracting Parties (a Contracting Party is any state or intergovernmental organization of the countries-members of the Geneva Act of the Hague Agreement of international registration of industrial designs);
6.	Documents confirming payment of charges according the Instruction to the Geneva Act of the Hague Agreement;
7.	Other data according to the Instruction to the Geneva Act of the Hague Agreement.

Economic and Financial Benefits:

• In their turn, manufacturers and entrepreneurs of each country –member of the Hague Agreement would be able to protect their industrial designs more efficiently in other countries, that have acceded to the agreement, and would be able to export their goods to these countries.
• As a result, the agreement would help to expand the trade and establish new industrial and commercial relations in the territory of the member countries that would contribute to the claimer's business development in the country.
• The International WIPO Bureau annually distributes a part of the charge, paid by claimers, among competent organizations of the countries, members of the Hague Agreement.

Economies on Administrative Expenses:

• The member countries departments do not solve specific problems of execution of the Hague Agreement, with the exception of the cases when national or regional legislations permits or requires filing of an international application through these departments or when they examine the applied design invention.

Dear Colleagues, Taking into consideration the competitive world situation our firm is trying to help our clients by offering very special prices for Trademark and Patent and Utility model registration in the Ukraine and Russian Federation