On April 16, 2025, the Verkhovna Rada of Ukraine adopted a law repealing the Law of Ukraine “On the Protection of the Interests of Persons in the Sphere of Intellectual Property During Martial Law Imposed in Connection with the Armed Aggression of the Russian Federation Against Ukraine,” which had been in effect since April 1, 2022. The new law will enter into force 30 days after its official publication, following its signing by the President of Ukraine.
Here are the main practical implications for rights holders and intellectual property professionals:
1. Termination of Extended Patent Validity
Patents whose validity had formally expired but were extended due to the suspension of deadlines during the war will now lapse. This paves the way for the market entry of generic drugs previously blocked by such patents.
2. Filing Oppositions Against Trademarks
The deadline for filing oppositions, which was previously effectively unlimited due to special legislation, will revert to 90 days from the date of application publication. Filing oppositions after this period will no longer be possible.
3. Procedural Deadlines
All standard procedural deadlines are restored: payment of fees, submission of documents (including powers of attorney), receipt of certificates, etc. Missing these deadlines without paying a reinstatement fee will result in the withdrawal of applications.
4. Processing of Pending Applications
Many applications remained stagnant at the IP Office due to a lack of responses from parties and the suspension of deadlines. These applications will now be processed, and decision-making will resume.
5. Resumption of Post-Opposition Review
In cases where oppositions were filed and responses provided, but no decision was issued due to the possibility of appeal to the Appeals Chamber, the process will be resumed. It is expected that many “stalled” applications will finally receive final decisions.
6. Payment of Fees and Maintenance of Rights
Standard deadlines for paying trademark renewal fees and patent maintenance fees are restored. If these payments are not made on time or without a reinstatement fee, rights will be lost.
7. Greater Predictability in IP Searches
Previously, it was difficult to determine whether a trademark or patent that should have expired was still valid, complicating risk analysis. The situation is now stabilizing, and searches will become clearer and more effective for lawyers and applicants.
8. 75-Day Grace Period
After the new law enters into force, there will be a 75-day grace period during which overdue fees can be paid without penalties—such actions will be considered timely. No exceptions are provided after this period expires.
In light of the adoption of this Law, rights holders, patent attorneys, and lawyers should return to their standard operating procedures and carefully monitor deadlines. The 75-day period is intended for completing all actions that were deferred under the previous law, without the risk of losing intellectual property rights.
