December 27, 2011
The Parliament of the Republic of Serbia adopted a new Patent Law yesterday.
The new Law contains an essential change in the procedure for the grant of patents. An obligation has been introduced that the Intellectual Property Office, before filing the request for substantial examination forwards to the patent applicant the report on the search of national and international data bases comprising state of the art on the invention requesting patent protection. Thus, the applicant is given the opportunity to evaluate his chances for the acquisition of the patent before paying the fee for the substantive examination of the patent. Also, his decision on the possible correction of patent claims shall depend on this report in order to increase his chances to be granted a patent. The report on the search of the national and international data bases comprising the state of the art will also provide potential investors with the information on the possibilities to acquire a patent, which will contribute to the industrial implementation of the invention.
The significant novelty is the prescribing of the obligation that the Court in the appeal procedure for the infringement of right from the patent application should stop procedure until the final decision of the IPO is reached, which prevents the Court from passing the decision on the violation of right that has not yet been granted (published patent application – right which has not yet been examined). The IPO in such a case has the authority to examine the patent application urgently. Also, the patent application can be examined urgently at the request of the market inspection and the Customs, when the procedure has been initiated by the Customs and inspection supervision due to the infringement of the right from the patent application.
Like with other laws from the field of industrial property, this Law introduces the right of appeal to the decisions of the IPO referring to patents and petty patents. The proposed solution shall enable more efficient protection of the rights of the applicants.