21 July 2020

The Verkhovna Rada agreed on the patent law reform and the fight against trolling

In order to harmonize the Ukrainian legislation on the protection of rights to inventions and utility models with the law of the European Union, the Verkhovna Rada made a number of amendments to the Civil Code, the Law on Legal Protection of Inventions and Utility Models and the Cabinet of Ministers of Ukraine Decree on State Duty.

Today, on July 21, the Parliament adopted the Law “On amendments to certain legislative acts of Ukraine (regarding the patent law reform)” (based on the draft №2259).

The law enlarges the list of objects of technology that are not subject to legal protection, establishes the possibility of filing applications in electronic form, gives the right to any person to file a reasoned objection to the application within six months from the date the application has been published, clarifies the procedure for granting additional protection of rights to inventions, expands the list of rights and obligations of subjects of rights to inventions (utility models), and provides with the possibility of recognizing the right to invention and utility model invalid under administrative procedure (“post grant opposition”).

In addition, the Verkhovna Rada also adopted the Law “On amendments to certain legislative acts of Ukraine regarding strengthening protection of trademarks and industrial designs and combating patent trolling” (draft №2258). The document, in particular, provides with the possibility of pre-trial revocation of the industrial design certificate in the Board of Appeal. Such a rule is considered by the Parliament to be very important in the fight against “patent trolling” – a phenomenon based on the abuse of rights to industrial designs that are not new by unscrupulous individuals.