What’s the latest on patenting in Ukraine, Russia and Eurasia?

We look at the dynamics that international applicants need to be aware of to secure and manage their patent rights across the region.

Ukraine

When Ukraine declared martial law in early 2022, wartime IP rules were implemented that suspended deadlines for renewal fees and other procedural actions. A new law effective from 31 May 2025 now cancels these wartime rules and introduces a 75-day grace period to recover missed deadlines or fees.

“This grace period should not be overlooked, so please contact your local attorney to ensure you’ve performed all the necessary legal actions and paid the required amounts,” says Erik Viik, Partner and Patent Attorney at Papula-Nevinpat.

“The grace period also allows new national entries based on Patent Convention Treaty (PCT) applications, even if the deadline passed long ago. We’ve seen several foreign applicants use this opportunity to enter the national phase well past the 31-month due date,” explains Viik.

Another update in Ukraine requires applicants to submit detailed contact information on all inventors. While this data is treated as confidential, the rule has raised concerns among foreign applicants. Ukraine’s local patent attorney association is actively challenging the change.

“We suspect the intent is to ensure there are no Russian inventors or beneficiaries behind an application. But the rule creates extra work for foreign applicants and not all are comfortable disclosing this information,” says Viik. “The requirement is not aligned with the PCT, and so far the national phase applications are still being prosecuted as before. We have not been submitting overly detailed inventor data and time will tell how strictly this rule is enforced.”

Russia

Despite ongoing geopolitical upheaval, the Russian patent office remains fully operational and continues to process filings. No significant recent amendments are targeting foreign applicants. That said, domestic applicants filed more patent applications in 2024 than in previous years. China now surpasses the United States as the top foreign filer in Russia.

Most official patent fees in the country increased by 20–25% in 2024, but remain relatively low in comparison to Eurasia. The most prominent fee change in Russia came into effect in October 2024, with annual renewals for patents, utility models and designs now requiring five-year advance payments.

“This important development is clearly aimed at encouraging foreign applicants to stay in the patent system. By paying in advance, rights remain in force even if future sanctions or other restrictions affect payments or prosecution in the Russian Federation,” explains Viik.

Another prominent development is a new draft law to amend the Civil Code – the primary legislation governing IP protection in Russia. The aim is to establish the criteria for recognising IT solutions as patentable inventions, utility models or industrial designs.

“These amendments are already reflected in Russia’s updated Patent Rules, including examples and recommended claim language for software-related inventions. Using EPO-style language and avoiding terms like ‘software’ or ‘computer program’ generally leads to successful formal examination,” says Viik.

Another notable change allows applicants to request that their names and those of rights holders and licensees remain unpublished. This is likely aimed at protecting foreign companies that license rights to Russian entities. However, the measure offers little practical benefit and is expected to end this year.

Compulsory licensing in Russia

In certain cases, the Russian government or courts may allow a company to use a patented invention without the owner’s consent. This compulsory licensing is especially relevant in the pharmaceutical sector.

Russian legislation sets out three distinct legal grounds for granting compulsory licences: (1) non-use or insufficient use of the invention; (2) dependent patents, where a patented invention cannot be used without infringing on another; and (3) use in the interests of national security or public health.

While the local commercial (Arbitrazh) courts grant compulsory licenses under legal grounds (1) and (2), Russian Resolution 380 of 27 March 2024 outlines the procedure for granting the same under legal ground (3), and establishes a subcommittee to review requests.

Those Russian legal entities that meet the prerequisites defined in the resolution can, under certain conditions, submit compulsory license requests to the Ministry of Economic Development. The subcommittee then drafts a decision for government approval. Final decisions are signed by the Prime Minister and may be appealed to the Russian Supreme Court.

Several cases show how compulsory licensing is now being applied in the country. Russian patents covering Novo Nordisk’s semaglutide (Ozempic) and Trikafta from Vertex Pharmaceuticals have been compulsory licensed to local companies for a limited period. The same goes for Eurasian patents for Gilead’s antiviral remdesivir.

“All these cases – many of which are still pending – show that compulsory licensing in Russia is becoming a reality that must be factored into business decisions. This is especially important when the IP holder is no longer present in the country but still owns rights there,” explains Viik.

Eurasia

Domestic applicants from the eight Eurasian Patent Organization (EAPO) member states are becoming more active, while filing volumes from non-member states have declined modestly. The United States continues to lead foreign filings, ahead of China.

“More than half of applications filed in Eurasia last year related to pharmaceuticals, biotech and organic chemistry,” explains Viik. “Yet some fields of science and engineering are remarkably underrepresented, including nanotechnology, semiconductors and telecom. Applicants in these fields often choose the Russian protection route over the Eurasian one.”

Most recent developments in Eurasia relate to increases in official fees. These were raised in 2024 and then again in February this year. The increases were quite substantial, although fees remain lower than those in many Western jurisdictions. There are also some discounts for regional phase applications examined during the international phase.

“Official fees in Eurasia are quite a bit higher than in Russia. But the applicant has the option of keeping the Eurasian patent in force in the desired EAPO member states,” explains Viik. “It is not required to designate the chosen member states at filing. Only after the granting does one need to decide in which Eurasian member states the fees will be paid to keep the patent in force.”

You can watch the webinar on this topic by clicking here.