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| FREQUENTLY ASKED QUESTIONS |
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1. How is legal protection of inventions attained in Serbia?
2. How are inventions protected by law?
3. What is the difference between a patent and a petty patent?
4. What kind of protection is secured by a patent/petty patent?
5. Why are the patents needed?
6. What is the role of patents in everyday life?
7. How and where is the application for an invention filed?
8. What fees are charged for filing an application and how are they paid?
9. How is a patent granted?
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 in such a way that a skilled person in the art can apply it. The state of the art includes all technical solutions made available to the public anywhere 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.
11. How long does the examination procedure last?
12. Does an applicant need to have a patent agent or an attorney in the patent granting procedure?
13. Where can a List of Agents be obtained?
14. Can the Office suggest to an applicant any of its patent agents or attorneys?
15. Does the Office have any control over the retaining fee charged by the patent agent or attorney?
16. For how long is a patent/petty patent granted?
17. Does the patent for an invention have effect in other countries?
18. How can we protect our invention abroad?
19. Can the Office offer any help in advertising, i.e. commercializing of the invention?
20. Is it possible to revoke the decision granting a patent?
21. Does it fall within the competence of the Office to resolve disputes regarding the infringement of rights?
22. Can a copy of the decision granting the right to a patent, that is, a copy of a patent/petty patent certificate and a patent specification be obtained?
23. How can the right be transferred?
24. What is a license?
25. How can I know if I need the protection through a patent/petty patent, trademark, model, sample or copyright?
26. How and where can I check if my invention has already been protected?
27. How can I find the name of a patent owner or an inventor whose invention I am interested in? |
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More links
Frequently Asked Questions
Regulations
Forms and guidelines
Fees
Charges
Statistics
Reports
International protection
Patents of Nikola Tesla
Internationally recognized depository institutions |
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