Support for legislative alignment and technical assistance for Ukraine’s accession to the European Patent Convention

Target Country: Ukraine
IPR area: Patents

Accession to the European Patent Convention (EPC) is a strategic priority for Ukraine and a key milestone in the integration of the national IP system with the European patent architecture and an important element of its broader EU integration efforts. Joining the EPC would enable Ukrainian innovators to participate fully in the European patent system, support harmonisation of substantive and procedural patent law, and strengthen the country’s alignment with the EU acquis, European best practice and the broader framework of cooperation with the European Patent Office (EPO).

Building on the legislative work completed under Work Plan 1 and on Ukraine’s formal intention to move towards EPC accession, this activity will:

• Review the new draft Patent Law and existing secondary legislation against the requirements of the European Patent Convention, the Implementing Regulations and relevant EPO guidelines;
• Map all substantive and procedural gaps, including requirements for patentability criteria, disclosure, unity of invention, filing and examination procedures, post-grant procedures, publication standards, opposition/appeal, and interactions with utility model protection;
• Prepare recommendations for amendments to primary and secondary legislation and propose mechanisms for incorporating EPC-compliant procedures into national practice;
• Support Ukrainian National Office for Intellectual Property and Innovations (UANIPIO) and the Ministry of Economy in drafting legislative amendments and developing internal administrative procedures required for implementing EPC-aligned operations (search and examination practice, classification, timelines, formality requirements, EPO-compatible workflows);
• Organise technical meetings with the EPO, including expert exchanges on practical steps for accession, institutional obligations, and transitional arrangements;
• Deliver a consultation workshop with Ukrainian authorities and stakeholders (judiciary, patent attorneys, academia, user associations) to validate findings and discuss operational, financial and administrative implications.

The activity will be implemented in close coordination with UANIPIO, the Ministry of Economy and the EPO to ensure coherence with European requirements and international best practice.