Supplementary Protection Certificates
– Law of Ukraine on the Protection of Rights to Inventions and Utility Models, in force since July 1, 1994, with amendments of July 11, 2000 and February 6, 2001, last amended on October 16, 2012.
– Regulations on the Procedure of the Extension of the Term of a Patent for an Invention Relating to a Means the Use of which must be Supported by an Authorization Issued by the Competent Authority of May 27, 2002.
Term extension: duration of a patent for an invention relating to a drug, plant or animal protection means, the use of which should be supported by an authorization issued by the respective competent authority, may be extended at a request of a patent owner by the term equivalent to the period from the filing date to the date of issuance of such an authorization, but not longer than by five years.
Procedure: a request for a patent term extension may be filed not later than six months before expiration of the patent term.
1. A Request, (which must be sealed) and must include the following particulars: patent number; application number and filing date; title of the invention; full name of the patent owner (natural person or legal entity, his residence or domicile; address for correspondence. The request must be signed by the patent owner (or by all the owners, or by an authorized person in the case of a legal entity). The signature must include full name of the official who signs the request, personal signature, initials, surname and date;
2. A certified copy of the document authorizing to use the means, issued by the competent authority (copy of the certificate of registration, etc.);
3. A power of attorney executed according to the requirements of the current legislation if the request is filed on behalf of the owner by a representative or another authorized person.
Grant: if the request and accompanying documents meet the prescribed requirements, the Ministry for Development of Economy, Trade and Agriculture of Ukraine (MEDT) takes a decision on the extension of the patent term. Based on this decision, the information on the extension of the patent term is introduced into the Register and published in the Official Bulletin. In the case of the request not meeting the requirements set forth by the Regulations, the MEDT forwards a notification to the patent owners advising of the non-compliance and/or inquiring to submit supplementing documents. The patent owner has two months from the date of receipt of the notification or an inquiry of the MEDT for remedies and/or submission of the supplementary documents.
Refusal: a decision on the refusal of the extension of the patent term may be taken if: (a) the request and accompanying documents do not meet the requirements set forth by the Regulations; (b) the terms provided by the Regulations are missed; (c) the patent has been declared invalid; (d) the patent has expired.