Our team developed a unique legal strategy that resulted in a precedent-setting victory in the Supreme Court regarding patent supplementary protection in Ukraine. The entire Ukrainian patent community had been awaiting the resolution of this dispute for over 2 years.
In 2020, amendments were made to the Law of Ukraine "On Protection of Rights to Inventions and Utility Models," introducing supplementary protection for inventions. This instrument was implemented in accordance with the Association Agreement between the EU and Ukraine and was intended to replace the mechanism of patent term extension. However, the law did not provide any transitional provisions regarding the deadline for filing a motion for supplementary protection. Previously, the term for filing such a motion was 19.5 years, but upon the changes to the law, it was reduced to 6 months. Patent holders who had not submit the motion before the new law came into effect effectively lost their right to obtain a supplementary protection due to this legislative flaw.
One of such patent holders, our client, received a denial of supplementary protection due to missing the 6-month filing deadline. An absurd situation arose because, according to the provisions of the new law, our client should have submitted the motion several months before the draft law regarding the supplementary protection was even introduced to the Ukrainian Parliament.