- THE PATENT LAW
- 1. GENERAL PROVISIONS
- 2. SUBJECT MATTER OF PATENT PROTECTION
- 3. CONDITIONS FOR PATENT PROTECTION
- 4. RIGHT TO OBTAIN A PATENT
- 5. PATENT GRANT PROCEDURE
- 1. Common Provisions
- 2. Patent Application
- Institution of Patent Grant Procedure
- Unity of Invention
- Content of a Patent Application
- Request for the Grant of a Patent
- Description of the Invention
- Patent Claims
- Abstract
- Content of a Patent Application Relevant for theAccordance of a Date of Filing
- Division of a Patent Application
- Applications for Patents of Addition
- Amendments to Pending Applications
- 3. Priority Right
- 4. Procedure from the Receipt to the Publication of a Patent Application
- 5. Procedure from Publication to Grant or Refusal
- 6. CONTENT, ACQUISTION AND SCOPE OF RIGHTS
- 7. LIMITATION OF RIGHTS
- Exceptions to Exclusive Rights
- Exhaustion of Patent Owner Rights
- Right of Prior User
- Limitation of Rights to Facilitate International Traffic
- Compulsory Licences
- Compulsory Licence in the Public Interest
- Compulsory Licence Granted to Plant Breeders
- Limitation of Rights Concerning Biotechnological Material
- 8. TERM AND CESSATION OF A PATENT
- 9. SUPPLEMENTARY PROTECTION CERTIFICATE
- 10. REVOCATION
- 11. PROTECTION OF RIGHTS UNDER CIVIL LAW
- 12. TRANSFER OF RIGHTS
- 13. SECRET INVENTIONS
- 14. INVENTIONS MADE IN THE COURSE OF EMPLOYMENT
- 15. THE EUROPEAN PATENT APPLICATION AND THE EUROPEAN PATENT
- Extension of the Effect of the European Patent
- Request for Extension
- Extension Fee
- Effects of European Patent Applications
- Effects of European Patents
- Authentic Text of European Patent Applications or European Patents
- Rights of Earlier Date
- Simultaneous Protection
- Renewal Fees for Extended European Patents
- Application of the EPC
- 16. INTERNATIOAL PATENT APPLICATION PURSUANT TO THE PATENT COOPERATION TREATY
- International Application
- International Application Filed With the Competent Authority as a Receiving Office
- International Application Indicating the Competent authority as a Designated or Elected Office
- The European Patent Office as an International Search and International Preliminary Examination Authority
- 17. PETTY PATENT
- 18. CONDITIONS FOR THE ENTRY INTO THE REGISTER OF REPRESENTATIVES
- 19. FINAL AND TRANSITIONAL PROVISIONS
THE PATENT LAW1
1. GENERAL PROVISIONS Article 1
This Law shall regulate the legal protection of inventions.
Article 2
A patent shall mean a right granted for an invention in any field of technology, which is new, involves an inventive step and is susceptible of industrial application.
Article 3
Foreign natural and legal persons shall, in relation to the protection of inventions in Serbia and Montenegro, enjoy the same rights as domestic natural and legal persons, where such treatment derives from international agreements or from the principle of reciprocity.
Article 4
In proceedings before the administrative authority of the Council of Ministers competent for intellectual property affairs (hereinafter: competent authority), a foreign natural or legal person must be represented by a representative listed in the Register of Representatives kept by the competent authority, or by a domestic attorney.
2. SUBJECT MATTER OF PATENT PROTECTION
Patentable Inventions
Article 5
The subject matter of an invention protected by a patent may be a product (ex. a device, substance, composition, biological material) or a process.
The subject matter protected by a patent may also be related to:
1) a product consisting of or containing biological material; 2) a process by means of which biological material is produced, processed or used;
1 Official Gazette of Serbia and Montenegro, No. 15, 2 July 2004. Entered into force 10 July 2004.
3) a biological material isolated from its natural environment or produced by means of a technical process, even if it previously occurred in nature.
Within the terms of this Law, “biological material” shall mean any material containing genetic information and capable of reproducing itself or being reproduced in a biological system (ex. microorganisms, plant and animal cell cultures, sequence of genes).
The following, in particular, shall not be regarded as inventions, within the meaning of this Law:
1) discoveries, scientific theories and mathematical methods;
2) aesthetic creations;
3) schemes, rules and methods for performing mental acts, playing games or
doing business;
4) computer programs, and
5) presentations of information.
The provisions of paragraph 4 of this Article shall exclude patentability of subject matter or activities only to the extent to which the application for a patent relates to the subject matter or activity as such.
Article 6
The human body, at any stage of its formation and development, and the simple discovery of one of its elements, including sequences or partial sequences of genes, shall not be regarded as invention.
An element isolated from the human body or produced by means of a technical process, including the sequences or partial sequences of genes, may be patentable, even where the structure of that element is identical to that of a natural element.
The industrial application of a sequence or partial sequence of a gene must be disclosed in the patent application on the day of its filing.
Exceptions to Patentability
Article 7
Patent protection shall not be granted in respect of:
1) inventions the commercial use of which would be contrary to ordre public
or morality (providing that the use shall not be considered contrary to
ordre public or morality merely because it is prohibited by law or any
other regulation), particularly in respect of:
- processes for cloning human beings;
- processes for modifying of the germ line genetic identity of human
beings; -uses of human embryos for industrial or commercial purposes; -processes for modifying the genetic identity of animals which are
likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes;
2) inventions concerning methods for treatment by surgery or diagnostic methods or therapy practiced directly on the human or animal body, except products or substances and compositions for use in any of these methods;
3) a plant or animal variety or an essentially biological process for the production of a plant or animal, except:
-a biotechnological process concerning a plant or animal, if the technical feasibility of the invention is not confined to a particular plant or animal variety;
-a microbiological or other technical process, or a product obtained by means of such process.
Within the terms of this Law:
- “plant variety” is used in the meaning laid down in the law governing -- the protection of new plant varieties; an “essentially biological process” for the production of plants or animals is a process consisting entirely of natural phenomena such as crossing or selection; a “microbiological process” is a process involving or performed upon or resulting in microbiological material. 3. CONDITIONS FOR PATENT PROTECTION Novelty of an Invention Article 8 An invention shall be deemed to be new if it does not form part of the
state of the art.
Within the terms of this Law the state of the art shall comprise:
1) everything made available to the public by means of written or oral description, by use or in any other way, prior to the date of the filing of an application for a patent;
2) the content of all applications in Serbia and Montenegro as filed, with the filing date preceding the date referred to in the previous item and published on or after that date, in the manner prescribed by this Law.
The provisions of paragraphs 1 and 2 of this Article shall not exclude the patentability of substances or compositions included in the state of the art, which are used for treatment by surgical or diagnostic or therapeutic methods, provided their use for these methods is not comprised in the state of the art.
Non-Prejudicial Disclosure of Invention
Article 9
An invention which was already part of the state of the art for a period of up to six months before the filing of a patent application, shall also be deemed to be new, if its disclosure was due to or was a consequence of:
1) evident abuse in relation to the applicant or his legal predecessor, or
2) the invention being displayed by the applicant or his legal predecessor at an exhibition officially recognized within the terms of the Convention on International Exhibitions, concluded in Paris on 22 November 1928, and last revised on 30 November 1972, provided that the applicant states, on filing the application, that the invention was exhibited and that he provides an appropriate certificate to support this statement within a period of four months from the filing date of the application.
Inventive Step
Article 10
An invention shall be deemed to involve an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the appropriate art.
In examining whether an invention involves an inventive step, the content of applications referred to in Article 8, paragraph 2, item (2) shall not be taken into account.
Industrial Applicability
Article 11
An invention shall be considered to be susceptible of industrial application if its subject matter can be made or used in any kind of industry, including agriculture.
4. RIGHT TO OBTAIN A PATENT
Entitlement to Protection
Article 12
The right to obtain a patent shall belong to the inventor or his successor in title, or in cases stipulated by this Law, to the employer or his successor in title.
If an invention is the result of the joint effort of a number of inventors, the right to a patent shall belong to such inventors jointly. A person rendering technical assistance to an inventor shall not be considered to be an inventor.
Moral and Pecuniary Rights of the Inventor
Article 13
The inventor shall have the right to be designated as such in the patent application, specifications, registers, certificates and publications related to his invention, in the manner stipulated by this Law.
The inventor shall have the right to enjoy economic benefits from the invention for which he has filed an application or has obtained a patent.
The rights of an inventor who has come up with an invention within the course of employment and the rights of the organisation in which such invention has been made, shall be governed by this Law, by general rules of law and by contract concluded between the employer and employee or between their representatives.
5. PATENT GRANT PROCEDURE
1. Common Provisions
Article 14
The legal protection of an invention shall be attained within the course of an administrative procedure conducted by the competent authority, which shall also perform other administrative and professional tasks concerning the protection of inventions.
Administrative decisions taken within the course of the administrative procedure referred to in paragraph 1 of this Article shall be final and may be contested within the administrative dispute proceedings before the competent court.
Article 15
During the patent grant procedure, the competent authority shall not make an application available for inspection to any person or body, before the application has been published, except on request or with the consent of the applicant.
Article 16
The administrative procedure before the competent authority shall be subject to payment of fees and procedural costs, in accordance with special regulations on administrative fees, procedural costs and information service fees.
Article 17
The competent authority shall keep a Patent Application Register, a Register of Patents and a Register of Supplementary Protection Certificates.
The content and manner of keeping public registers referred to in paragraph 1 of this Article shall be defined by a regulation under this Law.
Article 18
Particulars prescribed by this Law and by regulations under this Law, shall be published in the Official Bulletin issued by the competent authority.
Article 19
The competent authority shall be required to make its documentation and information on the state of the art and on rights concerning the protection of inventions available to enterprises and other legal and natural persons.
2. Patent Application
Institution of Patent Grant Procedure
Article 20
The patent grant procedure shall be instituted by the filing of an application with the competent authority.
Applications for the protection of inventions abroad shall also be filed with the competent authority, if it is thus stipulated by international agreements.
Legal protection of inventions in Serbia and Montenegro shall also be granted in respect of applications filed abroad, if it is thus stipulated by international agreements. An application filed in this manner shall have the same effects as a national application, unless otherwise stipulated by appropriate international agreements.
Article 21
A domestic natural or legal person may apply for the protection of an invention abroad upon the expiry of three months from the date of filing an application for the protection of the invention with the competent authority, except in the event that the person is filing for an international application with the competent authority acting as the receiving office.
Unity of Invention
Article 22
As a rule, a separate patent application shall be filed for each individual invention.
A single application may be filed for a number of inventions only if the inventions are mutually so linked as to form a single general inventive concept.
Content of a Patent Application
Article 23
A patent application must contain:
1) a request for the grant of a patent;
2) a description of the invention;
3) one or more claims for the protection of an invention by a patent
(hereinafter: patent claims),
4) a drawing referred to in the description or claims, when appropriate;
5) an abstract.
1. GENERAL PROVISIONS Article 1
This Law shall regulate the legal protection of inventions.
A patent shall mean a right granted for an invention in any field of technology, which is new, involves an inventive step and is susceptible of industrial application.
Foreign natural and legal persons shall, in relation to the protection of inventions in Serbia and Montenegro, enjoy the same rights as domestic natural and legal persons, where such treatment derives from international agreements or from the principle of reciprocity.
In proceedings before the administrative authority of the Council of Ministers competent for intellectual property affairs (hereinafter: competent authority), a foreign natural or legal person must be represented by a representative listed in the Register of Representatives kept by the competent authority, or by a domestic attorney.
Patentable Inventions
The subject matter of an invention protected by a patent may be a product (ex. a device, substance, composition, biological material) or a process.
The subject matter protected by a patent may also be related to:
1) a product consisting of or containing biological material; 2) a process by means of which biological material is produced, processed or used;
1 Official Gazette of Serbia and Montenegro, No. 15, 2 July 2004. Entered into force 10 July 2004.
3) a biological material isolated from its natural environment or produced by means of a technical process, even if it previously occurred in nature.
Within the terms of this Law, “biological material” shall mean any material containing genetic information and capable of reproducing itself or being reproduced in a biological system (ex. microorganisms, plant and animal cell cultures, sequence of genes).
The following, in particular, shall not be regarded as inventions, within the meaning of this Law:
1) discoveries, scientific theories and mathematical methods;
2) aesthetic creations;
3) schemes, rules and methods for performing mental acts, playing games or
doing business;
4) computer programs, and
5) presentations of information.
The provisions of paragraph 4 of this Article shall exclude patentability of subject matter or activities only to the extent to which the application for a patent relates to the subject matter or activity as such.
The human body, at any stage of its formation and development, and the simple discovery of one of its elements, including sequences or partial sequences of genes, shall not be regarded as invention.
An element isolated from the human body or produced by means of a technical process, including the sequences or partial sequences of genes, may be patentable, even where the structure of that element is identical to that of a natural element.
The industrial application of a sequence or partial sequence of a gene must be disclosed in the patent application on the day of its filing.
Exceptions to Patentability
Patent protection shall not be granted in respect of:
1) inventions the commercial use of which would be contrary to ordre public
or morality (providing that the use shall not be considered contrary to
ordre public or morality merely because it is prohibited by law or any
other regulation), particularly in respect of:
- processes for cloning human beings;
- processes for modifying of the germ line genetic identity of human
beings; -uses of human embryos for industrial or commercial purposes; -processes for modifying the genetic identity of animals which are
likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes;
2) inventions concerning methods for treatment by surgery or diagnostic methods or therapy practiced directly on the human or animal body, except products or substances and compositions for use in any of these methods;
3) a plant or animal variety or an essentially biological process for the production of a plant or animal, except:
-a biotechnological process concerning a plant or animal, if the technical feasibility of the invention is not confined to a particular plant or animal variety;
-a microbiological or other technical process, or a product obtained by means of such process.
Within the terms of this Law:
- “plant variety” is used in the meaning laid down in the law governing state of the art.
Within the terms of this Law the state of the art shall comprise:
1) everything made available to the public by means of written or oral description, by use or in any other way, prior to the date of the filing of an application for a patent;
2) the content of all applications in Serbia and Montenegro as filed, with the filing date preceding the date referred to in the previous item and published on or after that date, in the manner prescribed by this Law.
The provisions of paragraphs 1 and 2 of this Article shall not exclude the patentability of substances or compositions included in the state of the art, which are used for treatment by surgical or diagnostic or therapeutic methods, provided their use for these methods is not comprised in the state of the art.
Non-Prejudicial Disclosure of Invention
An invention which was already part of the state of the art for a period of up to six months before the filing of a patent application, shall also be deemed to be new, if its disclosure was due to or was a consequence of:
1) evident abuse in relation to the applicant or his legal predecessor, or
2) the invention being displayed by the applicant or his legal predecessor at an exhibition officially recognized within the terms of the Convention on International Exhibitions, concluded in Paris on 22 November 1928, and last revised on 30 November 1972, provided that the applicant states, on filing the application, that the invention was exhibited and that he provides an appropriate certificate to support this statement within a period of four months from the filing date of the application.
Inventive Step
An invention shall be deemed to involve an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the appropriate art.
In examining whether an invention involves an inventive step, the content of applications referred to in Article 8, paragraph 2, item (2) shall not be taken into account.
Industrial Applicability
An invention shall be considered to be susceptible of industrial application if its subject matter can be made or used in any kind of industry, including agriculture.
Entitlement to Protection
The right to obtain a patent shall belong to the inventor or his successor in title, or in cases stipulated by this Law, to the employer or his successor in title.
If an invention is the result of the joint effort of a number of inventors, the right to a patent shall belong to such inventors jointly. A person rendering technical assistance to an inventor shall not be considered to be an inventor.
Moral and Pecuniary Rights of the Inventor
The inventor shall have the right to be designated as such in the patent application, specifications, registers, certificates and publications related to his invention, in the manner stipulated by this Law.
The inventor shall have the right to enjoy economic benefits from the invention for which he has filed an application or has obtained a patent.
The rights of an inventor who has come up with an invention within the course of employment and the rights of the organisation in which such invention has been made, shall be governed by this Law, by general rules of law and by contract concluded between the employer and employee or between their representatives.
Article 14
The legal protection of an invention shall be attained within the course of an administrative procedure conducted by the competent authority, which shall also perform other administrative and professional tasks concerning the protection of inventions.
Administrative decisions taken within the course of the administrative procedure referred to in paragraph 1 of this Article shall be final and may be contested within the administrative dispute proceedings before the competent court.
Article 15
During the patent grant procedure, the competent authority shall not make an application available for inspection to any person or body, before the application has been published, except on request or with the consent of the applicant.
Article 16
The administrative procedure before the competent authority shall be subject to payment of fees and procedural costs, in accordance with special regulations on administrative fees, procedural costs and information service fees.
Article 17
The competent authority shall keep a Patent Application Register, a Register of Patents and a Register of Supplementary Protection Certificates.
The content and manner of keeping public registers referred to in paragraph 1 of this Article shall be defined by a regulation under this Law.
Article 18
Particulars prescribed by this Law and by regulations under this Law, shall be published in the Official Bulletin issued by the competent authority.
Article 19
The competent authority shall be required to make its documentation and information on the state of the art and on rights concerning the protection of inventions available to enterprises and other legal and natural persons.
Institution of Patent Grant Procedure
The patent grant procedure shall be instituted by the filing of an application with the competent authority.
Applications for the protection of inventions abroad shall also be filed with the competent authority, if it is thus stipulated by international agreements.
Legal protection of inventions in Serbia and Montenegro shall also be granted in respect of applications filed abroad, if it is thus stipulated by international agreements. An application filed in this manner shall have the same effects as a national application, unless otherwise stipulated by appropriate international agreements.
Article 21
A domestic natural or legal person may apply for the protection of an invention abroad upon the expiry of three months from the date of filing an application for the protection of the invention with the competent authority, except in the event that the person is filing for an international application with the competent authority acting as the receiving office.
Unity of Invention
Article 22
As a rule, a separate patent application shall be filed for each individual invention.
A single application may be filed for a number of inventions only if the inventions are mutually so linked as to form a single general inventive concept.
Content of a Patent Application
A patent application must contain:
1) a request for the grant of a patent;
2) a description of the invention;
3) one or more claims for the protection of an invention by a patent
(hereinafter: patent claims),
4) a drawing referred to in the description or claims, when appropriate;
5) an abstract.
Article 2
Article 3
Article 4
2. SUBJECT MATTER OF PATENT PROTECTION
Article 5
Article 6
Article 7
-- the protection of new plant varieties; an “essentially biological process” for the production of plants or animals is a process consisting entirely of natural phenomena such as crossing or selection; a “microbiological process” is a process involving or performed upon or resulting in microbiological material. 3. CONDITIONS FOR PATENT PROTECTION Novelty of an Invention Article 8 An invention shall be deemed to be new if it does not form part of the Article 9
Article 10
Article 11
4. RIGHT TO OBTAIN A PATENT
Article 12
Article 13
5. PATENT GRANT PROCEDURE
1. Common Provisions
2. Patent Application
Article 20
Article 23