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Legislative Implementation of Flexibilities - Croatia

Title:Articles 20 (4), (5) and (6), 34 (1) 1), (2) and (4) and 79 4) of the Patent Act No. 173/2003 of 31/10/ 2003as last amended by Law OG No 76/2008 of 23/07/2007
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Article 20

(4) The patent application must disclose the invention in a manner sufficiently clear and precise for it to be carried out by a person skilled in the art.

(5) If the invention concerns viable biological material which cannot be disclosed in a manner enabling it to be carried out by a person skilled in the art, the application must be accompanied by proof to the effect that a sample of such material has been deposited with the competent institution not later than on the filing date of the patent application.

(6) The competent institution referred to in paragraph (5) of this Article shall be considered an institution which complies with the requirements prescribed by the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure of 28 April 1977 and last revised on 26 September 1980.

Article 34

(1) The examination of pre-requisites for the publication of a patent application shall establish whether the application complies with the following requirements:

1. whether it contains all the elements referred to in Article 20 of this Act drafted in the prescribed manner, and the necessary attachments prescribed by this Act,

(2) If such examination establishes that the requirements referred to in paragraph (1) of this Article are not complied with, the Office shall invite the applicant to correct the deficiencies expressly indicated in the invitation within a reasonable time limit. This time limit shall not be less than 2 months and not more than 3 months from the date of receipt of the invitation.

(4) If the applicant does not correct the deficiencies referred to in paragraph (1) of this Article within the prescribed time limit, the Office shall issue a decision on the rejection of the patent application.

Article 79

A patent may be declared null and void at any time, on the proposal of any natural or legal person or a State Attorney, if the patent has been granted:

4. for an invention which is not disclosed in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art,

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