Procedure of payment fees for the actions connected
with intellectual property rights protection
(The translation is not official)
1. This Procedure determines the terms and mechanism of payment fees for the actions connected with intellectual property rights protection, as well as the amount of the designated fees in accordance with the Annex.
2. Individuals having a permanent location outside Ukraine and legal person having location outside Ukraine may pay fees in hryvnias, euro or U.S. dollars at the official rate of the National Bank on the day of fee payment.
The amount of fee does not include the cost of services related to its payment.
3. In case when an applicant(s) or owner(s) of the relative patent or certificate of the state registration of topography of integrated circuit is an inventor(s) of the invention or utility model or author(s) of the industrial design or topography of integrated circuit, each fee for the actions connected with intellectual property rights protection, except fees for Codes 13300, 13400, 22200, 22400, 32100 and 32300 are paid at the rate of 5 percent of the fixed amount.
In case of subsequent inclusion of a person who is not an inventor or author to the complement of applicants, surcharge fees for the last three years prior to such inclusion shall be paid till the full amount, prescribed in accordance with the Annex to this Procedure.
In case of subsequent five years inclusion of a person who is not an inventor or author to the complement of owners of the relative patent or certificate, starting from the date of state registration of a patent for invention, utility model, industrial design or registration of topography of integrated circuit, surcharge fees for the last three years prior to such inclusion shall be paid till the full amount, prescribed in accordance with the Annex to this Procedure.
31. In case when applicant(s) or owner(s) of a patent for invention (utility model) are non-profit institutions or organizations, each fee for the actions connected with protection of rights for invention (utility model), except fees for Codes 13300, 13400 and 13500, are paid at the rate of 10 percent of the fixed amount.
4. Fees are paid on the current accounts of the Examining authority, authorized by the State intellectual property service, which is a part of the state system of intellectual property legal protection (hereinafter referred to as the examining authority).
Details on the current accounts of the examining authority are published in the Official Bulletin of the State intellectual property service of Ukraine and in the newspaper “Governmental Courier”.
Incomings from these fees have the purpose allotment and are used according to the procedure established by the State intellectual property service of Ukraine exclusively for the development and functioning of the State system of intellectual property legal protection.
5. When paying fee, in the relevant settlement document (on paper or in electronic form) shall be indicated:
name of the fee payer;
the word “fee”;
type of fee (briefly) and its Code, stated in accordance with the Annex to this Procedure;
the fee in the amount prescribed in accordance with the Annex to this Procedure;
number of application for the appropriate intellectual property object provided by the examining authority or, if an applicant was not notified about this number – a serial number of the application defined by the applicant when filing of an application. When fee payment concerns the granted patent or certificate, the number of the appropriate patent or certificate shall be indicated instead of the number of application.
In case when a fee was paid on behalf of an individual who has permanent location outside Ukraine or legal person that has location outside Ukraine – the Code of his/her country.
An extract from the examining authority personal account is considered to be the fee payment document.
In case when an indication of application number for appropriate intellectual property object is unavailable in a personal bank account extract, the fee payment document shall be a settlement document on paper (payment procedures, cash voucher, receipt etc.) which is contained in the application and meets the requirements prescribed by this paragraph.
The payer has the right to pay several fees by making one settlement document.
6. The date of fee payment document receipt is considered to be the date of entering of the fee amount to the examining authority’s current account. In case of entering of the fee amount before receipt of the appropriate application for intellectual property object, request, opposition etc. (hereinafter – application) by the examining authority, the date of receipt of fee payment document shall be considered the date of receipt of this application by the examining authority if it was received:
a) within three months from the date of entering of fee to the account provided that during this period the amount of corresponding fee remains unchanged;
b) within one month from the date of entry into force of the amended amount of fee.
In case when the date of entering of fee to the examining authority’s current account is later than the final date of payment admissible by the law, the date of receipt of the fee payment document shall be the date specified in the settlement document on paper that meets the requirements specified in paragraph 5 of this Procedure.
7. The paid fee shall be refundable:
1) completely in case of:
payment of fee without filing of an application in terms set forth in paragraph 6 of this Procedure;
recognition of an application as such that is considered not to be filed or is not subject for consideration;
fee payment after expiration of the statute-established period;
satisfying an opposition in whole or in part by the Appeals Chamber;
2) in part in case of fee payment in the amount greater than provided in this Procedure;
3) in other cases provided by the legislation.
In the event when termination of the statutory actions related to the intellectual property rights protection are caused by fee payer, in particular in case of recognition of the application for appropriate intellectual property right as such that seemed to be withdrawn, the fee, whether paid in part or in whole, is not refundable.
Paid fee shall be refunded subject to the submission to the examining authority, within three years from the date of entering of the fee to the current account of this institution, an appropriate declaration about it reimbursement including the reimbursement of the examining authority’s costs related to its refund. Reimbursement of fee for filing an opposition with Chamber of Appeals is performed without reimbursement of the examining authority’s costs related to its refund.
The paid fee, recognized to be refunded according to the payer’s request, can be transferred by the examining authority to the account of the appropriate fee set force in accordance with the Annex to this Procedure which payer must pay for committing other action related to intellectual property rights protection subject to reimbursement of costs for transfer of the said funds.
8. The examining authority performs checking of the fee payment documents for compliance with the requirements set forth by this Procedure, as well as the funds accounting.
9. The fee privileges are provided pursuant to the legislation.
10. Clarifications on the use of this Procedure are provided to the State intellectual property service of Ukraine.