On April 29, 2025, the President of Ukraine signed into law legislation repealing the suspension of deadlines concerning intellectual property rights that had been in force during martial law. The provisions that had been effective since 2022 will cease to apply following a transitional period.
The newly enacted law repeals the Law "On the Protection of the Interests of Persons in the Field of Intellectual Property During Martial Law" and will enter into force 30 days after its official publication. Publication is expected by mid-May.
Upon entry into force, the calculation of time limits for actions related to the protection of IP rights, as well as time limits for procedures related to the acquisition of such rights, that were previously suspended in 2022 shall resume. The deadlines will continue from the date the new law takes effect, considering the time elapsed prior to their suspension, but for no fewer than 75 calendar days.
Annual maintenance fees for patents (including patents for inventions, utility models, and industrial designs) that were not paid prior to the law’s effective date will be deemed timely if paid within 75 calendar days from the date the law comes into force.
If such fees are not paid within this period, the respective proprietary IP rights shall be deemed lapsed as of the original due date for payment.
Similarly, the renewal fee for a trademark registration certificate, which became due during the validity of the repealed law and was not paid before the new law takes effect, will be considered timely if paid within 75 calendar days following the law’s effective date.
Where the renewal fee for a trademark registration certificate is paid in due time, the registration shall be extended for a term of 10 years from the expiration date of the previous registration period.
Accordingly, right holders and applicants will have 105 days from the law’s publication date to settle relevant fees. The estimated final deadline will fall in late August to early September 2025.
Furthermore, upon the law taking effect, patents that had technically expired but remained in force due to the suspension of deadlines will formally lapse. All procedural deadlines will also be reactivated, including, for example, the 90-day opposition period from the publication date of a trademark application, the 2-month deadline for responding to office actions, and deadlines for fee payments and other procedural actions.
