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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?
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?
No, it does not. District courts and commercial courts, if the dispute involves legal persons, are deciding cases concerning infringement of rights.
However, the Patent Law contains provisions on legal means – civil proceedings that patent owners can institute in case of the infringement of their rights; --- Infringement proceedings – a patent/petty patent infringement constitutes any commercial exploitation of a protected invention without the authority of the right holder, that is, any offering, delivery or placing on the market of the protected subject matter, thereby allowing for another person’s unauthorized commercial exploitation of that invention.
The owner of a patent/petty patent or the holder of an exclusive license are entitled to institute civil proceedings, which can be done within three years from the date of learning about the infringement and the infringer, but not later than five years from the date on which the infringement occurred.--- Legal proceedings for the denial of the right to protection – an inventor, i.e. his successor in title will be entitled to institute civil proceedings requesting the court to establish his right to the protection of a given invention in place of or together with the person who has already filed an application for the invention.
If a patent/petty patent has been granted, the inventor, that is, his successor in title, may institute legal proceedings requesting the court to establish that he is entitled to a patent/petty patent instead of or together with the person who is a patent/petty patent owner.
Civil proceeding may be instituted pending the completion of the patent/petty patent grant procedure or prior to the expiry of the term of the patent/petty patent. --- Legal proceedings for the protection of the employer or employee rights – an employer and/or an employee entitled to the protection or commercial use of an invention made in the course of his employment may institute court proceedings for the establishment and protection of his rights.
Legal proceedings for the establishment of employee/employer’s rights may be instituted within two years from the date of the publication of the patent/petty patent application, but not after the expiry of two years from the date of termination of employment during which the invention was made.--- Legal proceedings for the recognition of the status of inventor – if the patent application or any other document provided by the law, has designated any other person as an inventor, the inventor is entitled to institute civil proceedings requesting the court to establish his status as inventor or to order the entry of his name in the patent documents and registers kept by the Office. There is no time limit for the institution of proceedings.
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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