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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?
The patent grant procedure shall be instituted by a filing of an application. A patent application must contain: a request for the grant of a patent (form P-1), a description of the invention (title of invention, field of invention, technical problem, state of the art, summary of the invention, brief description of the drawings and detailed description of the invention), one or more patent claims, a drawing when appropriate and an apstract.
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, at the Registry Room of the Office or sent by mail.
The administrative procedure following the filing of a patent application has 3 phases:
-formal examination of an application implying examination of all requirements as to form;
-publication of the application – the patent applications satisfying formal requirements are published in the Intellectual Property Gazette published by the Office,
-substantive examination during which patentability requirements of an invention are examined (novelty, industrial applicability, an inventive step).
If it is established that all requirements prescribed by law have been complied with, the patent is granted. If not, the patent application is rejected. An appeal in a form of administrative suite can be lodged against all decisions of the Office with the Supreme Court of Serbia within 30 days from the date of receiving a copy of the relevant decision.
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?
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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