Organization : Intellectual Property Office
Type of Facility : Patent Application
Country: Serbia
Website : http://www.zis.gov.rs/intellectual-property-rights/patents/most-frequently-asked.60.html
Patent Application :
1. How are inventions protected by law?:
Inventions can be protected by a patent or a petty patent.
Related : Intellectual Property Office Trademark Search & Registration Procedure Serbia : www.statusin.org/9364.html
A patent or a petty patent protects an invention which is new, involves an inventive step and is susceptible of industrial application.
2. What kind of protection is secured by a patent/petty patent?:
Legal protection obtained by a patent/petty patent means that the invention may not be commercially produced, used, placed on the market or sold without the consent of its owner. So, the owner of a patent/petty patent is entitled to decide as to who may or may not use his invention during the period under the protection.
A right holder may give a license to other persons to use his invention under conditions that are subject to mutual agreement. A right holder may also transfer his right to a third person that becomes its new holder. After the expiry of the period of protection or maintenance, the protection shall cease to exist and the invention becomes a public good. That means that the patent owner has no longer an exclusive right to a patent which then becomes free for commercial use.
3. What is the difference between a patent and a petty patent?:
The difference between a patent and a petty patent lies in the following:
** the subject matter of the protection: the subject matter of an invention protected by a patent may be a product, a process, use of a product and use of a process. The subject matter of an invention protected by a petty patent can only be a solution relating to the structure of a product or the layout of its components.
** the duration period: the term of patent shall be 20 years from the filing date of the application, while the term of petty patent shall be 10 years from the filing date of the application.
** the grant procedure: a petty patent application will not be published, a search report will not be drawn up and the subject matter of the invention claimed in the application shall not be examined as to novelty, inventive step or susceptibility to industrial application (see answer to question no.9).
However, as far as the rights are concerned, both a patent and a petty patent are identical and secure identical rights to their owner.
4. Why are the patents needed?:
A patent earns its owner a social recognition for his creative work as well as remuneration for his invention that can be placed on the market.
At the same time, it encourages inventiveness which improves development of science and technology and the quality of human life.
5. What is the role of patents in everyday life?:
Patented inventions affect every aspect of men’s life, ranging from electrical power transmission and remote control (Tesla’s patents), electric light (Edison’s and Swan’s patents), plastic (Baekeland’s patents) to ballpoint pens (Biro’s patents) and microprocessors (Intels’ patents).
The applicant is obliged to describe his invention thoroughly and clearly, so that a person skilled in the appropriate art can apply it. Thereby, patents are not just offering protection to their owner, but also constitute a source of valuable technical information and the inspiration for future generations of researchers and inventors
6. How and where is the application for an invention filed?:
A patent/petty patent application is filed in writing, triplicate, in Serbian language and is handed over at the reception desk of the Office or by mail. The applicant will get a filing receipt indicating the serial number and date of the reception of his application.
The application can also be filed in the foreign language, provided that the applicant files its translation in the Serbian language. The applicant may submit the translation not later than within 2 months from the date of receipt of an invitation.
7. What fees are charged for filing an application and how are they paid?:
The fees for filing an application are laid down by the Tariffs of the Republic Administrative Fees, which is an integral part of the Law on Republic Administrative Fees.
If an application for patent/petty patent is filed by a natural person, the fee specified in appropriate tariff number is paid in the amount reduced by 50%.
The fees are paid in a bank, or a post office and the payment slip is enclosed with the application
8. What a patent/petty patent application must contain?:
A patent/petty patent application must contain:
1. a request for the grant of right (form P-1/MP1),
2. a description of the invention (the technical field to which the invention relates, the defined problem for which solution is required the protection, state of the art which as far as known to the applicant, can be regarded as useful to understand the invention, expostulation of the essence of the invention, short description of the drawings, if any and detailed describe at least one way of carrying out the invention, using examples where appropriate and referring to the drawings, if any),
3. one or more patent claims,
4.a drawing referred to in the description and/or claims and
5. an abstract.
When drawing up an application please study carefully “The Instructions for the filing of a patent application” which can be obtained from the web site of the Office or at the reception desk of the Office.
9. How is patent/petty patent granted?:
After the applicant files an application for a patent or petty patent, officials employed in clerk’s office of the Intellectual Property Office shall receive the application and assign it P/MP number and date of receipt, and then make a data entry in the Register of patents/petty patent applications.
After that, the application with the assigned P/MP number, shall be delivered to the Patent Department, in which the formal requirements of the application are first examinated. That means that the Office examines wether the application meets the requirements for the publication of the application stipulated in the provisions of Article 99 of the Patent Law.
If the formal examination shows that the application does not comply with the provision in mentioned paragraph, the Office shall set out the reasons thereof in a communication to the applicant, inviting him to correct the deficiencies in a specified time period.
If the applicant fails to remedy the defects in application, the Office shall render a conclusion rejecting the application. If the formal requirements are met or if the applicant remedies defects in application the procedure for the grant of a patent/petty patent continues.
From the next phase, the procedures for patent applications and petty patent applications are significantly different.
Acting in the procedure on the petty patent application Office further examines whether the conditions prescribed by Article 163 Paragraph 2-6 and Article 104 Paragraph 1, items 1, 2 and 4 of the Patent Law are fulfilled.
If the Office determines that the application for any of the prescribed reasons is not eligible for petty patent protection, it will notify reasons to the applicant and leave him a reasonable time for the response.
If the applicant fails to respond to the Office, and has not requested an extension of time limit for response or if he files the answers, but the Office nevertheless stands on its earlier opinion the Office shall render a conclusion rejecting the petty patent application.
On the other hand, the grant procedure for patent application which meets formal requirements continues with sending invitation to the applicant to file the request for the search report based on the subject of the invention (hereafter: search report) and to pay the fee for that.
Only after filing of the request for search report and a proof that the fee for search report is payed (original receipt or original bank certificate on the transfer of funds) the Office shall send it to the applicant.
The search report will be published by the Office together with the patent application not earlier than 18 months from the date of filing. If request for search report is not filed or the fee is not payed the Office shall render a conclusion rejecting the application.
In the stage of substantive examination, the patent application enters only at the request of the applicant, which shall be submitted to the Office not later than 6 months from the date of receipt of the search report.
If the Office determines that the application does not meet the requirements for patent protection, for any of the grounds prescribed in Article 104 Paragraph 1 of the Patent Law, it shall inform the applicant of the reasons and invite him as many times as it is necessary to correct the deficiencies, leaving him a reasonable time limit for response. If the applicant fails to respond to the Office, or if he answers, but the Office nevertheless stands by its earlier opinion, the application will be refused.
The next part of the grant procedure is common for patent and petty patent application:
If, after the examination procedure of the patent/petty patent application Office determines that it meets all legal requirements, the Office shall invite the applicant to pay a prescribed fee for certificate for the granted right, the costs of publishing data on the right granted and the cost of patent specification and to submit the proof of payment (original receipt or original bank certificate on the transfer of funds).
If the applicant fails to comply with invitation of the Office regarding the payment of these fees and costs within the set time limit the Office shall render conclusion rejecting the application of patent / petty patent.
The decisions of the Intellectual Property Office may be appealed with the Government within 15 days from the receipt of the decision, unless Law on Patents provides otherwise.
Government decision on the appeal is final and administrative dispute proceedings may be instituted against such decision within 30 days from the date of receipt of the Government’s decision.
10. What requirements must an invention meet in order to be protected?:
In order to be protected by a patent, an invention has to:
** be new,
** involve an inventive step and
** be industrial applicable on the day of filing an application for the protection of an invention, that is, on the priority date granted.
An invention is new if it does not form part of the state of the art. An invention is deemed to be part of the state of the art if it was 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 protection of an invention.
The state of the art includes the content of all published applications in the Republic of Serbia as filed before the filing date of a patent application by means of oral or written description, by use or in any other way.
An invention is considered to involve an inventive step if the solution to a technical problem, having regard to the state of the art, is not obvious to a person skilled in the art.
An invention is industrial applicable if the subject matter of an invention can be produced or utilized in any kind of industry including agriculture.
In addition to these requirements, an invention has to be “patentable” for the purpose of the law. In many countries, including Serbia, discoveries, scientific theories and mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, playing games or doing business, computer programmes as such and presentations of information are not regarded as inventions.
Similarly, an invention cannot be protected through a patent whose publishing or application is contrary to morality or the law; an invention concerning surgical or diagnostic method or therapy practiced directly on the human or animal body (except products or substances or compositions used in that method);
a plant or animal variety or an essential biological process for the production of new plant or animal, except from a microbiological process or a product obtained by means of such process.