Paving the Way for Patenting of Computer Programs in Ukraine

by Artem Taranowski

Obstacles to patenting computer programs in Ukraine do exist. Nobody denies this. The issue is what are those and whether they are manageable or not.

Just for the sake of starting a discussion, I will try to outline some of them that seem to be the most important, from low-level to high-level, and consider some ways that seem to make it possible to drop the barriers.

Association Agreement

by Artem Taranowski

OK, the Association Agreement is in force now.

It seems that Ukrainian intermediary service providers are not liable anymore for the information transmitted where they meet the conditions.

One may argue that the Parties just have to provide for such a measure and ensure that while Ukraine has 18 months to fully implement that.

But what if Ukraine has already provided, ensured, and implemented that?

On the Ukrainian Patent Office's Position on Patentability of Computer Programs

by Artem Taranowski

Nobody denies the importance of IT industry for Ukraine’s economy. There are no doubts that strengthening IP protection would accelerate the industry and Ukrainian economic growth. But when it comes to patent protection for computer programs being such a measure, the stakeholders are at variance on this point.

IT industry players are eager to have patent protection for software at their disposal, just as their rivals in key jurisdictions do. While the Ukrainian Patent Office does not regard software-related creations as inventions and is of the strong opinion that ones do not qualify for patent protection.

Ukrainian Software Patent Ice Age

By Artem Taranowski

There is still no official position of the Ukrainian Patent Office on patent protection of software.

At their rare appearance at public events the Ukrainian Patent Office’s officials just confine themselves to vague generalities being distilled down to the statement that software is not subject to patent protection. That’s it.