On October 25, 2024, unified Rules for Compiling, Filing and Examination of Applications for Inventions and Utility Models came into effect, in accordance with Order No. 23301 issued by the Ministry of Economy on September 9, 2024.

The Rules regulate the following:

• parties having right to file an application;

• list of required documents and application filing procedure;

• content of an application depending on technical field thereof;

• peculiarities of application examination process;

• procedures related to secret and international applications;

• actions allowed to be taken by applicant in respect of application. 

Additionally, the Rules address such provisions as observations on patentability of inventions, oppositions against applications, and informational searches upon request by any party. The document also regulates procedures of partial waiver of rights, issuance of supplementary protection certificates, examination of utility models for compliance with patentability requirements, verification of sanctions applied to applicant or applicant’s country, and legal consequences of such sanctions.

The Rules implement certain EU standards outlined in the Association Agreement between Ukraine and the EU. They also prioritise technical fields such as green energy, transportation technologies, nanotechnology, biotechnology, and areas of national security and defence.

On September 18, 2024, new rules regulating the process of drawing up and filing a trademark application, as well as international trademark registration with extension to Ukraine, entered into force. This document was approved by Order No. 19889 of the Ministry of Economy of Ukraine dated August 6, 2024.

The rules define:

• requirements for application documents;

• application procedure;

• procedure for examination of the application;

• grounds for refusing to grant legal protection to a trademark;

• the procedure for submitting and considering an international application in accordance with the Madrid system;

• peculiarities of examination of international trademark registration with extension to Ukraine, as well as other actions provided for by the Protocol to the Madrid Agreement.

Among the innovations of the rules, the following changes to the procedure should be highlighted:

• registration of specific types of trademarks, such as sound, positional, ornamental, motion, holographic, multimedia, color and color combinations;

• issues of submission and examination of electronic applications for trademarks;

• the procedure for checking the application of special economic and other restrictive measures (sanctions) against applicants;

• conditions of refusal to register a trademark, if the applicant is related to the aggressor state.

The new rules take into account Ukraine's international obligations and comply with the Singapore Agreement and the Protocol to the Madrid Agreement. They also implement the standards of the European Union, established in the Association Agreement between Ukraine and the EU, and take into account important provisions of the Acquis communautaire, which promotes the products of Ukrainian manufacturers to European markets.