Patent for an Invention in Ukraine

An invention is an object of intellectual property and is considered protected only if it has been officially registered—that is, if it has been granted a patent.

Patenting inventions provides the owner with legal protection, increased profits, and a strong reputation. In addition, it makes a significant contribution to the development of the country’s innovation sector.

The patent owner:

• May grant permission or prohibit the manufacture, use, sale, resale, import, copying, and distribution of similar inventions without their consent.
• Has the right to grant licenses to use their invention for a fee, attract investors, work with government customers, and sell the patent.
• Gains increased trust from customers and partners and improves the chances of winning both private and government grants.

Obtaining a patent grants the owner exclusive rights to their invention and any actions related to it, as well as the ability to file a lawsuit in the event of infringement to seek compensation.

First, our specialists will help you determine whether your invention qualifies as an invention—as opposed to an industrial design or a utility model—and whether it meets the requirements for patentability, namely:

1. As of the date of filing the application, there must be absolutely no information available in any sources regarding the invention for which the applicant intends to obtain a patent.
2. The invention must demonstrate a high level of inventiveness for specialists in the relevant field.
3. The invention must be capable of industrial application.

We strongly recommend conducting a patent search before filing the documents to ensure novelty and protect yourself from a possible refusal of the patent application.

The process of obtaining a patent includes:

• Filing an invention patent application
• Examination (formal and substantive)
• Payment of the required fees
• State registration
• Granting of the patent

The lawyers at Vikonsalt conduct the necessary research, prepare and submit a complete set of required documents to UKRNOIVI, oversee the entire administrative process, and keep you informed at every stage until you receive your patent.

1. Patent Application
2. Description of the Invention
3. Claims
4. Drawings and Diagrams (if any)
5. Receipt for payment of fees
6. Power of attorney authorizing a specialist from our company to file documents and handle administrative matters

A properly prepared set of documents significantly affects the speed and likelihood of a positive decision regarding your application for a patent on an invention.

The law firm “Vikonsalt” has 20 years of practical experience and provides a full range of services for patenting inventions in Ukraine—from analyzing novelty and developing a strategy to obtaining a valid patent for you and registering it in the State Register.

We work with individuals as well as research institutions, IT companies, and manufacturers.

Our advantages:

1. Comprehensive business support. We don’t limit ourselves to simply filing a patent application for an invention. If needed, you’ll receive a comprehensive development strategy and related services—from accounting support to obtaining certificates, licenses, and advertising services. Everything in one place, without unnecessary hassle, expense, or wasted time.
2. Experienced specialists who know all the nuances of Ukrainian law and will help you register your invention.
3. Confidentiality guaranteed.
4. Support at every stage of the process, including appealing decisions or extending the patent term.
5. Expert consultations on potential international patenting through the PCT system.

Timely registration of a patent for your invention can serve as the foundation for attracting investment, protecting your invention from copying, and increasing your profits.

To apply for a patent for an invention through the company “Vikonsalt,” you need to:

1. Submit a consultation request on our website or by phone;
2. Provide a brief description of the technical solution or idea;
3. Receive a commercial proposal with the timeline and cost of the work.

Our intellectual property experts will handle the preparation of the complete set of documents, communication with UKRNOVI, and monitoring of the examination process.

With our help, you’ll be able to register your invention without the risk of errors or wasted time.

1. What is the procedure for filing a patent application when there are two or more inventors?

Inventors who have jointly created an invention have equal rights to file a patent application, unless otherwise provided for in an agreement between them.

2. Who has the right to patent a service invention?

The right to obtain a patent for a work-related invention (i.e., one created by an employee in the course of performing their job duties) usually belongs to the employer, unless otherwise provided by an agreement between the employer and the inventor.

If the right belongs to the employer, then within 4 months from the date the inventor notified the employer of the invention’s creation, the employer must:

• File an application for state registration of the invention,

OR

• Transfer this right to another person,

OR

• Decide to keep the invention secret as confidential information.

Within this same four-month period, the employer must enter into a written agreement with the inventor regarding the amount and method of payment of compensation—depending on the value of the invention and the benefits it may bring to the company.

If the employer fails to do so in a timely manner, the right to register the invention passes to the inventor (or the inventor’s successor in title). In such a case, the employer retains only the right to obtain a license to use the invention.

If the employer decides to keep a service invention confidential but does not use it, the period of such confidentiality may not exceed 4 years. After this period, the right to obtain a patent passes to the inventor or his or her successor in title.

3. Who has the right to register a patent as the successor in title?

The right to register a patent belongs to the successor in title of the inventor or the employer.

4. What is the first-to-file principle when filing a patent application?

If two or more people independently created the same invention, the person whose application was filed earlier with the patent office may register the invention.

If priority has been claimed, the earlier priority date is taken into account—but only if that application has not been withdrawn and has not been refused registration.

5. Where is a patent registered in Ukraine valid?

A patent for an invention issued in Ukraine is valid only within its territory—it does not extend to other countries (the principle of patent independence).

The right to an invention arises only after its registration in a specific country. Therefore, if the invention is not patented in another country, anyone may use it without infringing on any rights.

To obtain rights in multiple countries, you must register the invention in each country separately. For convenience, there are international agreements that allow you to file a single application, and depending on your request, our specialists will help you develop the most effective strategy for growing your business.

6. What is the process for appealing a decision based on the results of an examination to the Board of Appeals?

Only the applicant may appeal a decision based on the results of the examination of an invention application. To do so, the applicant has the right to file an objection with the Board of Appeals within two months of receiving the decision, but before paying the state fee for patent registration.

Please note! To prevent the import of counterfeit goods that may infringe on the patent owner’s rights, it is advisable to register the intellectual property in the customs registry.

Our specialists will provide comprehensive support throughout the patenting process and help you enter information about your invention into the customs registry quickly, efficiently, and professionally.