Inventions and utility models: implementation of the EU acquis

08 July 2025 No Comments Олексенко Олексій

Inventions and utility models: UANIPIO discussed proposals for implementing the EU acquis into national legislation

On July 3, 2025, the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO/IP Office) held a hybrid discussion of proposals for the draft law on the protection of rights to inventions and utility models with a view to implementing a number of EU Directives and Regulations.

UANIPIO was represented at the event by:

Olena Orliuk, Director;

Bogdan Paduchak, First Deputy Director;

Mykola Pototskyi, Deputy Director;

Nataliia Petrova, Head of the Department of Examination of Applications for Industrial Property;

Andriy Sukhovii, Head of the Inventions, Utility Models and Semiconductor Product Layouts Applications Examination Division, Department for Industrial Property Rights Applications Examination;

Olena Danylova, Deputy Head of the Department for Examination of Applications for Inventions, Utility Models and Semiconductor Products Layouts;

Dmytro Pavlov, head of the Patent Law Department of the IP Legal Support Division.

The event was attended by representatives of:

Ministry of Economy of Ukraine;

Intellectual Property Scientific Research Institute of National Academy of Legal Sciences of Ukraine;

The Department of Intellectual Property and Information Law at the Taras Shevchenko National University of Kyiv;

Center of Intellectual Property Researches and Technology transfer National Academy of Sciences of Ukraine;

National Association of Patent Attorneys of Ukraine;

Ukrainian Association of Patent Attorneys.

During the discussion, representatives of UANIPIO spoke about the key provisions of the EU acquis and the European Patent Convention (EPC) that need to be transposed into national legislation.

In particular, they presented:

Updated structure of the draft law;

Introduction of the European model of invention protection: patent and utility model;

Structure of patentability conditions taking into account the approaches of the European Patent Convention and provisions on the protection of biotechnological inventions;

Ensuring full implementation of the EU acquis on supplementary protection certificates (SPCs).

During the event, it was discussed that the final and transitional provisions would determine that the law would come into force upon the entry into force of the Agreement on Ukraine’s accession to the European Union.

It was also noted that it is proposed to waive publication fees and state duties, and to expand the provisions on patent disposal (transfer and licensing). As for the “Bolar provision”, it is proposed to maintain the current model.

In particular, the provisions of the following acts will be implemented into national legislation:

Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions

Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products

Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products

Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004

Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems

The proposals consolidated following the discussion will be sent for comment to international experts from the EU4IP international technical assistance project: Strengthening Intellectual Property Rights in Moldova and Ukraine, funded by the European Union in cooperation with the European Union Intellectual Property Office (EUIPO).

In July 2025, the finalized proposals in the form of a draft Law of Ukraine “On the Protection of Rights to Inventions and Utility Models” will be sent to the European Commission for recommendations and/or comments.

UANIPIO Annual Report 2024: European Integration and Innovation Development

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