Protection of Rights to Plant Varieties

Plant varieties, eligible for the patent protection in Ukraine, are determined according to the List of Plant Varieties, which is ratified by the government.

A plant patent shall be valid within twenty years from the date of filing an application with the Patent Office. In case of vine, arboreal and fruit cultures, this term shall extend to thirty years. A patent may be renewed for a term of no more than ten years.

A plant is patentable if it is new and satisfies the requirements of distinctness, homogeneity and stability.

An application shall include:

  • request for the grant of a patent;
  • description of a plant variety.

The examination procedure consists of formal and substantive examination.
After an application has undergone the formal examination, and on the expiry of eighteen months from the filing date, the Patent Office publishes an information on the application in the Official Bulletin.
A patent is granted within one month after it has been registered in the State Register.
Plants, not eligible for the patent protection, may be used in Ukraine only after they have been registered in the Register of Plant Varieties of Ukraine.

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