Representatives of the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO/IP Office) took part in the 37th Session of the Standing Committee on the Law of Patents of the World Intellectual Property Organization (WIPO).

 

The Ukrainian delegation at the WIPO headquarters in Geneva was represented by:

 

• Mykola Pototskyi, Deputy Director of UANIPIO;

 

• Andrii Sukhovii, Head of the Inventions, Utility Models and Semiconductor Product Layouts Applications Examination Division, Department for Industrial Property Rights Applications Examination of UANIPIO.

 

Statement of Ukraine 

 

Speaking on behalf of the Ukrainian delegation, Mykola Pototskyi pointed out:

 

“The impact of the russian federation war of aggression against Ukraine extends to the global intellectual property system. Despite the clear decision approved by the WIPO General Assembly in 2024 and the confirmed pledges during the 66th Assembly Series of Meetings in July this year, we are deeply concerned that WIPO’s global services – in particular the PCT system and the PATENTSCOPE database – still allow untruthful designation of applicants’ addresses in the temporarily occupied territories of Ukraine.”

 

The Ukrainian delegation gave a concrete example: on October 31, 2025, just four days before this meeting, the International Bureau published an international patent application WO 2025/226185, in which one of the applicants indicated an address in the temporarily occupied territory of Crimea — allegedly as part of the russian federation.

 

“This is not an isolated case, but a deliberate abuse of all services administered by WIPO, which undermines the fundamental principle of the UN Charter,” said Mykola Pototskyi.

 

In this regard, Ukraine once again called on the International Bureau of WIPO to immediately implement effective technical and organizational measures that would ensure that all publications, databases and services of WIPO fully respect the sovereignty, independence and territorial integrity of Ukraine within its internationally recognized borders.

 

The Ukrainian side also pointed out that the russian federation should be legally responsible for all its internationally wrongful acts, in particular through reparations caused to the Ukrainian intellectual property system, and russia should also be denied of any privileges or honours within WIPO.

 

Concluding, the delegation of Ukraine expressed its gratitude to the Secretariat and to all WIPO member states, which continue to provide unwavering support and solidarity to Ukraine and its people.

 

 

Discussion of best practices

 

The Ukrainian delegation took an active part in discussions within the WIPO Standing Committee on the Law of Patents.

 

In particular, representatives of UANIPIO joined the discussion of world best practices in the use of artificial intelligence (AI) to improve patent examination procedures, develop ethical standards for the use of AI by patent experts.

 

Participants took part in the discussion on the impact of AI on the further development of the global patent system. Artificial intelligence technologies can significantly influence the state of the art, including the assessment of the novelty of a technical solution, given that AI can analyze significant amounts of data and on this basis generate new solutions that are not included in the known state of the art, and appear at an unprecedented speed.

 

The fundamental challenges that will affect the development of patent law are the issue of “non-obviousness” as a key condition for patentability in the context of patent expertise of AI inventions:

 

• Can “obviousness” be defined from the perspective of a specialist with knowledge in the relevant field, given that the amount of information that a specialist can master is limited, while the number of AI inventions is growing rapidly?

 

• Who is a “specialist with knowledge in the relevant field”: just a specialist, or a specialist armed with AI tools, who has greater access to information and is able to perform a deeper search for the state of the art?

 

Special attention was paid to issues of international cooperation and information exchange, in particular on improving procedures for reparations in case of patent infringement, as well as the specifics of national legislation in the field of patents in the fields of national security and defense.

 

Key issues of the Session

 

The agenda of the 37th Session of the WIPO Standing Committee on the Law of Patents included consideration and discussion of a wide range of issues related to the development of the international patent system and the improvement of national and regional approaches in the field of patent law.

 

Among the main topics of the Session, discussed by the Ukrainian delegation were:

 

• review of the state of the international patent system and analysis of national and regional legislation;

 

• discussion of exceptions and limitations of patent rights, in particular the use of patented inventions by farmers and breeders;

 

• patent quality issues, including procedural and material requirements for the division of applications;

 

• authorship of inventions in the context of the development of artificial intelligence and the use of AI tools in patent examination procedures;

 

• development of ethical standards for patent experts;

 

• patent and health issues, including the Implementation of WIPO’s Development Agenda Recommendation 14 on technical assistance to member states and updating initiatives to create open databases on the status of patents for medicines and vaccines;

 

• discussing the confidentiality of communications between clients and patent attorneys;

 

• issues of technology transfer, including the authorship of university inventions, standard essential patents (SEP) and licensing on the terms of FRAND;

 

• exchange of experience on best practices of technology transfer in healthcare and green technologies.

 

“UANIPIO, as an ISA/IPEA body, implements high standards of patent expertise at the level of the world’s leading IP offices, and explores the advantages that AI tools open up for patent expertise, so the exchange of experience with foreign colleagues is an indispensable component of the implementation of the digital transformation of the patent system of Ukraine,” commented Andrii Sukhovii.

 

Copyright: WIPO. Photo: Emmanuel Berrod

 

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