ISSN 1452-6662
Over 180 up-to-date legal acts of the Republic of Serbia translated to English.
Issue: Niste pretplaćeni - pretplatite se PATENT LAW
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
Section: Contents

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  • I INTRODUCTORY PROVISIONS
  • II PATENTABILITY
    • Patentable Inventions
    • Human Body and Its Elements
    • Exceptions to Patentability
  • III CONDITIONS FOR THE PROTECTION OF AN INVENTION
    • Novelty
    • Non-prejudicial Disclosure of the Invention
    • Inventive Step of the Invention
    • Industrial Application
  • IV CONTENT, ACQUISITION AND SCOPE OF RIGHT
    • Content of Right
    • Content of Right of the Patents in the Field of Biotechnology
    • Biological Material Obtained from the Propagation or Multiplication
    • Acquisition of Right
    • Provisional Rights
    • Scope of Protection of Provisional Rights
    • Scope of protection conferred by a patent or petty patent
  • V LIMITATION OF RIGHTS
    • Exceptions to Exclusive Rights
    • Exhaustion of Rights of the Right Holder
    • The Right of Prior User
    • Limitation of Rights to Facilitate International Traffic
    • Limitation of Rights Concerning Biological Material
    • Compulsory License
    • Remuneration to the Right Holder
    • Scope and Duration of Compulsory License
    • Compulsory Cross-License
    • Compulsory Licenses of Patents Relating to the Manufacture of Pharmaceutical Products for Export to Countries with Public Health Problems
    • Compulsory License Conditions for Patents Relating to the Manufacture of Pharmaceutical Products for Export to Countries with Public Health Problems
    • Refusal of the Request to Grant a Compulsory License
    • Notification
    • Prohibition of Importation
    • Action by Customs Authorities
    • Exceptions to the Prohibition of Importation
    • Termination or Modification of the Compulsory License
    • Legal Protection
  • VI TERM AND CESSATION OF RIGHT
    • 1. Term and Maintenance of Right
      • Term of Right
      • Maintenance of Right
    • 2. Cessation of Right
      • Non-Payment of Fee
      • Withdrawal of the Application and Waiver of Right
      • Death or Dissolution of a Right Holder or an Applicant
  • VII TRANSFER OF RIGHTS
    • Assignment
    • Content of the Assignment Contract
    • License
    • Right of Pledge
    • Procedure for the Entry of Assignment, License and Pledge into the Register
    • Examination of the Request for Entry of Assignment, License and Pledge into the Register
    • Deciding on the Request for Entry of Assignment, License and Pledge into the Register
  • VIII INVENTIONS OF IMPORTANCE FOR DEFENCE AND SECURITY OF THE REPUBLIC OF SERBIA
    • Secret Application
    • Procedure in Respect of the Application
    • Expert Opinion
    • Secret Invention
    • Procedure Following the Grant of Right
    • Right to Use
  • IX INVENTIONS MADE IN THE COURSE OF EMPLOYMENT
    • Notion of Invention Made in the Course of Employment and Notion of Employee
    • Employer's Right to Protection of Invention Made in the Course of Employment
    • (Deleted)
    • Remuneration to the Employee
    • Acts of Employee
    • Actions of Employer
    • Acts of Employer and Employee after the Notification
    • Employer's Right to Obtain an Exclusive License
    • Use of an Invention Made in the Course of Employment
    • Business Secrecy Obligation
  • X PROCEDURE FOR THE PROTECTION OF AN INVENTION
    • 1. Common Provisions
      • Legal Protection of an Invention
      • Availability of Application
      • Fees
      • Registers
      • Publication in the Official Gazette
      • Availability of the Documentation and Information
      • Reestablishment of Rights
      • Continued Processing
      • Change of Name and Address of the Applicant and Right Holder
      • Correction of Errors in the Submissions and Formal Documents
    • 2. Initiation of the Procedure for the Protection of an Invention
      • Filing of an Application
      • Unity of Invention
      • Content of the Application for the Protection of an Invention
      • Request for the Grant of Right
      • Prohibited Content in the Application
      • Description of the Invention
      • Patent Claims
      • Abstract
      • Drawing
      • Content of the Application for Protection of an Invention Required for the Accordance of a Filing Date
    • 3. Special Types of Applications
      • Divisional Patent Application
      • Application for the Patents of Addition
    • 4. Priority
      • Requirements for the Grant of Priority Right
      • Priority Claim
      • Multiple Priority Claim
      • Request for the Restoration of the Priority Right
      • Request for the Correction or Addition of a Priority Claim
      • Exceptions to Filing the Request for the Correction or Addition of a Priority Claim
      • Elements of the Invention for which Priority Is Claimed
      • Effect of Priority Right
    • 5. Examination procedure
      • Accordance of the Date of Filing
      • Issuing Priority Documents
      • Examination as to Formal Requirements
      • Search Report
      • Amendments to Pending Patent Application
      • Publication of Patent Application
      • Request for Substantive Examination of an Application
      • Substantive Examination
      • Urgent Procedure
      • Observations by Third Parties
      • Decision to Grant a Patent
      • Decision to Refuse a Patent
      • Entry of the Granted Right into the Register
      • Certificate of the Granted Right
      • Publication of Grant
      • Patent Specification
  • XI SUPPLEMENTARY PROTECTION CERTIFICATE
    • Field of Application
    • Subject Matter of the Protection and the Legal Effect
    • Entitlement to a Certificate
    • Conditions for Obtaining a Certificate
    • Time Limit for the Filing of a Request for a Certificate
    • The Request for Certificate
    • Procedure on the Request for Grant of Certificate
    • Decision on the Grant of the Certificate
    • Publication
    • Entry into the Register
    • Duration of Protection
    • Extension of Certificate’s Validity
    • Maintenance of the Certificate
    • Cessation of the Certificate
    • Application of the Provisions of the Procedure for Granting and Termination of Rights
    • Revocation of the Decision on Grant of the Supplementary Protection Certificate
  • XII REVOCATION
    • 1. Revocation of Decision to Grant a Patent or a Petty Patent
      • Grounds for Revocation
      • Request for Revocation of a Decision to Grant a Patent or Petty Patent
      • Procedure upon Request for the Revocation of a Decision to Grant a Patent or a Petty Patent
      • Publication and Issuing Patent Specification as Amended
  • XIII PROTECTION OF RIGHTS UNDER CIVIL LAW
    • 1. Infringement Action
      • Infringement of Rights and Right to Bring an Infringement Action*
      • Infringement Claims
      • Damage Compensation
      • Provisional Measures
      • Procedure for Pronunciation of a Provisional Measure
      • Termination of a Provisional Measure and Damage Compensation
      • Mutatis Mutandis Application of the Law Regulating Enforcement and Security
      • Preservation of Evidence
      • Procedure for Preservation of Evidence
      • Termination of Preservation of Evidence and Damage Compensation
      • Provision of Evidence
      • Mutatis Mutandis Application of the Law Regulating Civil Proceedings
      • Time Limit for Filling the Infringement Action
      • Burden of Proof
      • Right of Information
    • 2. Action for the Establishment of the Right to Protection
    • 3. Action for the Protection of Employer's or Employee's Rights
    • 4. Action for Recognition of the Status of Inventor
    • 5. Stay of the Civil Proceedings
    • 6. Revision
  • XIV THE EUROPEAN PATENT APPLICATION AND THE EUROPEAN PATENT
    • Effects of European Patent Applications and European Patents in the Republic of Serbia
    • Filing of a European Patent Application
    • Fees and Procedural Costs for European Patent Applications
    • Priority Right and Provisional Protection of European Patent Applications
    • Effects of European Patent and Procedure for Entry of a European Patent into the Register of Patents
    • Authentic Text of European Patent Applications or European Patents
    • Rights of Earlier Date
    • Simultaneous Protection
    • Conversion of a European Patent Application into a National Patent Application
    • Renewal Fees for European Patents
    • Dispositions of European Patent Applications and European Patents
    • Protection against Infringement
    • Revocation of the European Patent
    • Application of European Patent Convention
  • XV INTERNATIONAL PATENT APPLICATION PURSUANT TO THE PATENT COOPERATION TREATY
    • International Application
    • International Application Filed with the Competent Authority as a Receiving Office
    • International Application Indicating the Competent Authority as a Designated or Elected Office
    • International Search and International Preliminary Examination Authority
  • XVI PETTY PATENT
    • Subject Matter and Conditions of Protection
    • Examination of a Petty Patent Application*
    • Essential Examination* of a Granted Petty Patent
    • Conversion of the Application
    • Application of the Provisions of the Grant Procedure and Cessation of Right Procedure
  • XVII CONDITIONS FOR THE ENTRY INTO THE REGISTER OF REPRESENTATIVES
    • Entry into the Register of Representatives
    • Extension of Entry Validity
  • XVIII APPLICATION OF THE PROVISIONS OF THE LAW OF THE GENERAL ADMINISTRATIVE PROCEDURE
  • XIX PENAL PROVISIONS
    • Misdemeanour
  • XIXa INFORMATION AND EDUCATION TASKS
  • XX TRANSITIONAL AND FINAL PROVISIONS
    • Continuity in the Maintenance of Registers
    • Effects of this Law on Valid Patents and Petty Patents and on Applications for Patents and Petty Patents that are Filed by the Date Entering into Force of this Law
    • Extended European Patents and Extended European Patent Applications
    • Deadline for Adoption of Bylaws
    • Cessation of Validity of the Law
    • Cessation of Validity of the Provisions of this Law
    • Entry into Force
  • ARTICLES NOT INCLUDED IN THE FINAL TEXT (Službeni glasnik RS, No. 95/18)
    LAW ON AMENDMENTS AND ADDITIONS TO THE PATENT LAW
  • ARTICLES NOT INCLUDED IN THE FINAL TEXT (Službeni glasnik RS, No. 66/19)
    LAW ON AMENDMENTS AND ADDITIONS TO THE PATENT LAW
  • ARTICLES NOT INCLUDED IN THE FINAL TEXT (Službeni glasnik RS, No. 123/21)
    LAW ON AMENDMENTS AND ADDITIONS TO THE PATENT LAW