As you know, there is an opportunity to extend the period of protection for a medicinal / agrochemical product patents in Ukraine. This procedure allows you to get additional protection up to 5 years after the end of a patent for invention and to compensate time required to get drugs registration and permission of use.
Previously, the period of extension of the patent validity term was counted from the filing date (priority date), for example, if permission was granted in 2004 and application filing date is 2000, it was possible to extend the patent for another 4 years. However, we have suddenly found that, because of Agreement about association between Ukraine and EU, Ukrpatent has changed procedure of invention patent extension. They already do the count according to European standards: after 5 years from application filing date (priority date). Thus, if we take the same example, when permission was granted in 2004, the possible extension of the patent is 0 years, when permission was granted in 2010 – 5 years. Since the conditions for extending protection for the medicinal / agrochemical product are different in Ukraine and EU, the question arises what awaits pharmacists and agrarians in the future, on which path we will go.