Regarding the work of the IP protection system during the war
It should be noted that the Ukrainian Patent Office operates in a normal regime and ensures the operation of the state IPR protection system.
In addition, Parliament passed a law suspending the term in the IP sphere in Ukraine.
On April 1, 2022, the parliament passed a Law of Ukraine ‘On the Protection of Interests of Persons in the Sphere of Intellectual Property during Martial Law, Imposed in Connection with the Armed Aggression of the Russian Federation against Ukraine’ that entered into force on April 13.
According to this law the terms related to acquisition and protection of IPRs are suspended during martial law in Ukraine, including the deadlines for the following actions:
∙ filing an objection to an application or international registration in Ukraine;
∙ challenging decisions of the Ukrainian IPO in court or before the Appeal Chamber of the IPO;
∙ renewals/reinstatements of IPRs;
∙ administrative invalidation procedures for patented inventions.
The respective terms will be resumed as from the day following the date of repeal or suspension of the martial law. Moreover, in case annuity/renewal fees are due during the martial law, such fees can be paid within 90 days after the martial law is repealed.
Also, when individuals and legal entities submit documents (applications, requests, oppositions, responses, etc.), they can do so not later than 90 days after the martial law is repealed without any need to pay official fees for renewal, reinstatement, or extension of the relevant deadlines stipulated by the IP laws and the schedule of official fees.
The rules of suspension of terms provided by this Law do not entail the suspension of registration certificates, patents or of the relevant intellectual property rights.
The changes established by law come into force on February 24, 2022.