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