ISSN 1452-6662
Više od 180 osnovnih i prečišćenih tekstova propisa Republike Srbije prevedenih na engleski jezik.
Published in the Službeni glasnik RS, Nos. 99/11 of 27 December 2011, 113/17 of 17 December 2017 (other law), 95/18 of 8 December 2018, 66/19 of 18 September 2019 and 123/21 of 15 December 2021

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  • 1. Subject Matter of Regulation and Definitions
    • Subject Matter of Regulation
      • Article 1

        This Law shall regulate the legal protection of inventions.

        The invention shall be protected by a patent or petty patent.

    • Definitions
      • Article 2

        For the purposes of this Law certain terms have following meanings:

        1) applicant means the person whom the records of the competent authority show, pursuant to the applicable law, as the person who is applying for the patent or petty patent;

        2) application means an application for a protection of an invention, and any reference to an application shall be considered as references to the patent application, petty patent application, the application for the patent of addition or divisional application;

        3) competent authority means the administrative authority of the Republic of Serbia which is competent for intellectual property rights;

        4) person means a natural and/or legal person;

        5) representative means an authorized person to take actions in proceedings before the competent authority;

        6) register means the collection of data kept and maintained in an electronic form by the competent authority, relating to the applications filed with competent authority, granted patents with certificates of supplementary protection, petty patents and representatives of a foreign natural or legal person who has no seat or residence in the territory of the Republic of Serbia;

        7) entry into the Register means any act of including data into the register of the competent authority;

        8) right holder means the person whom the register of the competent authority shows as the owner of the patent, petty patent, patent of addition and certificate of supplementary protection;

        9) the procedure before the competent authority means any action in proceedings before the competent authority with respect to an application, a request for grant of the certificates of supplementary protection, of patent or petty patent, a certificate of supplementary protection or request for entry of a European patent into the Register of Patents;

        10) international application means the application filed under the Patent Cooperation Treaty;

        11) designated office means the national Office of the State designated by the applicant under Chapter I of the Patent Cooperation Treaty;

        12) elected office means the national Office of the State which is elected by the applicant under Chapter II of the Patent Cooperation Treaty;

        13) receiving office means the national office or intergovernmental organization with which the international application is filed;

        14) European Patent Convention means the Convention on the Grant of European Patents signed in Munich on 5 October 1973, as amended by the act revising Article 63 on 17 December 1991 and by the Revision Act adopted in Munich on 29 November 2000;

        15) European patent application is an application for a European patent filed under the European Patent convention, as well as an international application filed under the Patent Cooperation Treaty, for which the European Patent Office acts as a designed or elected office and in which the Republic of Serbia is designated;

        16) European patent is the patent granted by the European patent Office under the European Patent Convention and based on the European patent application in which the Republic of Serbia is designated;

        17) national patent or petty patent application is patent or petty patent application filed according to this Law with the competent authority;

        18) national patent or petty patent is a patent or petty patent granted under the national patent or petty patent application;

        19) certificate means the supplementary protection certificate granted for medicinal products intended for humans or animals or plant protection products;

        20) medicinal product means any substance or combination of substances presented for treating or preventing disease in human beings or animals and any substance or combination of substances which may be administered to human beings or animals with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in humans or in animals;

        21) basic patent means a patent which is in the request for the grant of certificates determined by the owner of a patent, and which protects the product referred to in Article 113, paragraph 2 of this Law, the preparation referred to in item 25) of this Article, the procedure for obtaining a product or product application;

        22) plant protection product is active substance or preparation containing one or more active substances, put up in the form in which they are supplied to the user, intended to:

        (1) protect plants or plant products against all harmful organisms or prevent the action of such organisms,

        (2) influence the life processes of plants, other than as a nutrient (e.g. plant growth regulators);

        (3) protection of plant products during storage, which is applied before or after harvest or picking except preservatives;

        (4) destroy undesirable plants;

        (5) destroy parts of plants, check or prevent undesirable growth of plants;

        23) substance is chemical element and their compounds, as they occur naturally or by manufacture, including any impurity inevitably resulting from the manufacturing process;

        24) active substance is a substance or micro-organism, including viruses, which has general or specific action against harmful organisms, on plants, parts of plants or plant products;

        25) preparation means mixture or solution composed of two or more substances, of which at least one is an active substance, and intended for use as a plant protection product;

        26) plants means live plants and live parts of plants, including fresh fruits and seeds;

        27) plant products means products of plant origin in an unprocessed state or having undergone only simple preparation, such as milling, drying or pressing, but excluding plants referred to in item 26) of this Article;

        28) harmful organisms means any species, strain or biotype belonging to the animal kingdom or plant kingdom, as well as viruses, bacteria and mycoplasmas or pathogenic agent injurious to plants or plant products;

        29) data on the applicant, the patent owner, the person submitting a request or proposal, the acquirer of the right or license, the pledger and the pledgee means the following: personal name and address of a natural person, and/or business name and seat of a legal person;

        30) data on the representative means the following: personal name and seat of the representative's office of a natural person, and/or business name and seat of a legal person, as well as whether the representative provides the service in accordance with the law governing electronic government;

        31) manufacturer shall be a person with a registered office in the territory of the Republic of Serbia on whose behalf a product referred to in Article 113, paragraph 2 of this Law or a medical device containing such product is produced for export or storage.

        ***PUBLISHER'S NOTE: The provisions of Article 1 of the Law on Amendments and Additions to the Patent Law (Službeni glasnik RS, No. 123/21), adding to Article 2 of the Patent Law, shall apply as of 2 July 2022 and shall cease to be valid on the day of accession of the Republic of Serbia to the European Union (see Article 20 of the Law - 123/2021-2).

  • 2. Right to a Protection of an Invention
    • Entitlement to a Protection
      • Article 3

        The right to protection of an invention shall belong to the inventor or his successor in title, or in cases prescribed by this Law, to employer or his successor in title.

        If an invention is the result of the joint effort of a number of inventors they shall have a joint right to protection. A person rendering technical assistance to an inventor shall not be considered to be an inventor.

        If two or more persons have filed an application for the protection of a joint invention, it shall be considered, unless otherwise stipulated by them, that their aliquot parts are equal.

        Appropriate provisions of the law regulating obligations and proprietary right shall apply to those issues concerning  the  mutual legal relations between two or more titular's of rights on the joint invention, that are not provided for by this Law.         

        If two or more persons have made an invention independently of each other, the right to protection of invention therefore shall belong to the person whose patent or petty patent application has the earliest date of filing.

        Persons employed by the competent authority have no right to protection of their inventions neither while they are employed by the competent authority, nor one year after the termination of such employment.