As from 27 May 2002, a new procedure has come into effect in the Ukraine which provides for the possibility of extending the term of certain patents.

The procedure enables the term of patents relating to medical products and products for the protection of animals or plants, the use of which requires the permission of an appropriate Ukrainian competent authority, to be extended upon the request of the patent proprietor. The term can be extended for a period which equals the time which has elapsed between the filing date of the patent application and the date of obtaining such permission. The extension cannot, however, exceed 5 years.

In order to extend the term of a patent under this provision, the patentee must file an application for patent term extension not later than 6 months before the date of expiration of the normal term of the patent. The following documents and information are required:

·         Patent number;

·         Filing date and application number of patent;

·         Title of invention;

·         Name and address of patent proprietor;

·         Certified copy of a document which grants permission to the patentee to use the product or process, issued by a competent Ukrainian authority (e.g. copy of registration certificate issued by Ministry of Health, etc.);

·         Power of Attorney.

Applications for extension are examined within one month of the application filing date and, if an application meets the formal requirements, the Ukrainian Patent Office will issue a certificate of extension, which is considered to be part of the original patent. A notice is also published in the Official Bulletin entitled ?Industrial Property? in the Ukraine.

If you require any further information in this regard, please do not hesitate to contact us.