The Ukrainian IP Office continues to perform the functions of the International Searching Authority (ISA) and the International Preliminary Examining Authority (IPEA). The relevant amendments to the Agreement between the Ministry of Economic Development and Trade of Ukraine and the International Bureau of the World Intellectual Property Organisation were approved at the 55th session of the International Patent Cooperation (PCT) Union Assemblies on 10.07.2023.
From now on, the said Agreement and the official resources of the PCT system will update the information on the main institutions of the state system of IP legal protection and will specify that the State Organization “Ukrainian National Office for Intellectual Property and Innovations” (IP Office) performs the functions of the “International Searching Authority” (ISA) and “International Preliminary Examining Authority” (IPEA) under the PCT.
Representatives of the delegations of Poland – on behalf of the Central European and Baltic States (CEBS) Regional Group – and Switzerland – on behalf of the Group B – supported the adoption of such changes.
“This is an important step for the Ukrainian intellectual property sphere,” said Olena Orliuk, Director of the IP Office:
“The IP Office continues to work on improving the quality of patent examination and integration into the global IP system through high-quality international searches and international preliminary examination as well as professional international cooperation. Confirmation of the ISA/IPEA status allows us to promote Ukraine on the IP map of the world in a qualified manner, so that Ukraine’s voice is heard and its interests are taken into account.”
“It is also a recognition of the IP office’s work and qualifications,” stated Bogdan Paduchak, The First Deputy Director of the IP Office:
“This confirms the high quality of the patent examination, organisation and administrative structure of the Ukrainian IP Office, as the PCTs set high criteria for the competence of patent examiners, their number, availability of sufficient technical means for conducting patent search, and the Quality Management System that has been implemented in our IP Office in compliance with the requirements of the international standard ISO 9001:2015 and has been certified by DEKRA.”
This decision was possible because of constant support to development of Ukrainian IP sphere of the Verkhovna Rada`s of Ukraine Chairman Ruslan Stefanchuk, the First Vice Prime Minister – Minister of Economy of Ukraine Yulia Svyrydenko, as well as supportive efforts of the IP Office team, the Ministry of Economy of Ukraine, the Permanent Mission of Ukraine to the UN Office and other international organisations in Geneva.
Moreover, currently, only 24 IP offices in the world have received the status of ISA/IPEA, such as the European Patent Office, the United States Patent and Trademark Office, the Japan Patent Office, etc. The current session of the PCT Union Assembly also elected the 25th institution, the Saudi Arabian IP Office.
It is worth reminding that the State Enterprise “Ukrainian Intellectual Property Institute” has been performing the functions of the ISA/IPEA since 2016. In accordance with the Order of the Cabinet of Ministers of Ukraine No. 943, which entered into force on 8 November 2022, the IP Office, began to perform the functions of the National Intellectual Property Authority, including the functions of an ISA/IPEA under the PCT procedure.
In April 2023, the Ministry of Economy of Ukraine requested the WIPO International Bureau to reflect the changes in the Ukrainian IP sphere in the relevant Agreement. These amendments to the Agreement are subject to approval by the PCT Union Assembly.
The IP Office, based on clarifications and technical consultations with the WIPO International Bureau, continued to perform the functions of an ISA/IPEA according to national and international legislation. The approval of these changes by the PCT Union Assembly confirms the full compliance of the IP Office with the requirements for an ISA/IPEA.