Transfer of Patent and Trademark Rights in Ukraine, Change of Ownership

Transfer of Rights and Change of Ownership of a Patent or Trademark in Ukraine

Ukrainian law permits the transfer of ownership rights for patents and trademarks. The owner of a patent for an invention, utility model, industrial design, or a trademark certificate can transfer exclusive rights to another individual or legal entity, whether they are a resident or non-resident of Ukraine.

For ownership changes to be valid, the patent or certificate must be active. It is impossible to transfer rights to an invention or logo if their validity period has expired or been fully terminated.

The change of ownership for an invention or brand is carried out based on a corresponding agreement. This agreement must include specific essential terms and be in written form, signed by both parties. An official Ukrainian version or a certified translation in Ukrainian is mandatory. This contract is subject to mandatory state registration with the Patent Office of Ukraine, with the payment of a state fee. Besides the agreement, a special application form must be prepared and submitted to the Patent Office. The office processes the documents for the transfer of rights within 1 to 3 months. Once reviewed, the expert sends a decision regarding the transfer of the patent or trademark and an extract listing the new owner. If there are any errors in the documents, the Patent Office will refuse to register the transfer. These errors can be corrected.

Afterward, the office makes changes to the state register and publishes the updated information in the State Bulletin.

In Ukraine, it is also possible to transfer ownership of applications for inventions, utility models, industrial designs, and trademarks that are still under examination without having a patent or certificate issued. The procedure is similar to the transfer of patent rights — requiring an agreement, special application, and payment of the fee.

Documents can be submitted electronically or in paper form. Non-residents must work with the Ukrainian Patent Office through registered patent attorneys.

Cost of Transferring Patent and Trademark Rights

• $40–60 USD for the state fee.
• $300 USD for patent firm services (agreement drafting, application, fee payment, and document processing).

If the client provides their own version of the agreement for the transfer of patent or brand rights, the cost of translation, verification, support, and registration is determined individually.

Authors: Stanislav Sukharev, Patent Attorney of Ukraine No. 427
+38 067 209 78 89 (WhatsApp, Signal, Viber, Telegram)
patent@unite.ua

Roman Sukharev
Intellectual Property Professional
+38 050 809 07 19 (Viber, Telegram, WhatsApp)
ua.patents@gmail.com