Inventa

Basic formal requirements

• number and date of the first application filed, PCT documents,
• a certified copy of the priority document (if applicable)
• applicant’s name, address, nationality (if applicable)
• inventor’s name, address, nationality, information whether the inventor
• is applicant’s employee
• specification, claims, abstract, drawings (max. size 210 x 297 mm)
• power of attorney signed by the applicant (later filing is possible)
• declaration signed by the inventor, applicable in case the inventor
• is not applicant’s employee (later filing is possible)
• is not applicant’s employee (later filing is possible)

TIME LIMITS

• 31 month for entering national phase of a PCT application

PATENTABILITY REQUIREMENTS

• novelty
• inventive step
• industrial applicability

VALIDITY

• 20 years from the filing date of the patent application

• A European patent application designated for the Slovak Republic has the same effect as a national patent application from the filing date or since the day of rise of the priority right claimed by the applicant.
• After publication of a European patent application by the European Patent Office and a subsequent submission of a translation of whole text of final version of the patent into the Slovak language and payment of the publication fee by the applicant of the European patent application, the Slovak Office shall make the translation of the patent claims available to the public and shall publish this fact in the national Journal.
• From the day of making the translation of the patent claims available to the public a person filing the European patent application has the same right as a person filing a national application provided that the European patent has been granted with effect in the Slovak Republic.
• The content of a European patent application modified by the wording of a European patent in the language in which the proceedings on the European patent application were held before the European Patent Office is decisive for determination of the scope of protection ensuing from the European patent application and the European patent.
• If protection ensuing from the translation of the patent specification into the Slovak language submitted to the Slovak Office for validation of the European patent in Slovakia as well as from the translation of the patent claims submitted to the Slovak Office for publication purposes is narrower than protection ensuing from the wording of the European patent application and European patent in the language in which the proceedings before the European Patent Office were held, the Slovak translation shall be considered to be the binding wording, with the exception of the proceedings for revocation of the European patent.
• Parties without residence or seat in the Slovak Republic shall have to be represented in the proceedings, including submitting of translations of European patent applications by an authorised representative.

• A European patent granted by the European Patent Office designated for the Slovak Republic has the same effects as a national patent from the day of notification of granting the European patent in the European Patent Bulletin.
• The owner of the European patent is obliged to submit a translation of the complete patent specification into the Slovak language, pay the publication fee and notify the Office of an address for correspondence on the territory of the Slovak Republic within three months from the notification of granting the European patent.
• If the applicant fails to submit the Slovak translation of the European patent specification within the time limit of three months to the Office, the translation may be submitted within a grace period of 3 months provided that a surcharge is paid.
• If the Slovak translation of the European patent specification is not submitted to the Slovak Office even within the grace period, the European patent shall be deemed ineffective on the territory of the Slovak Republic ab initio.
• Parties without residence or seat in the Slovak Republic shall have to be represented in the proceedings, including submitting of translations of European patents, by an authorised representative.
• Based on the fulfilment of the above-mentioned conditions the Slovak Office shall make the Slovak translation of the European patent specification available and notify of this availability as well as of granting the European patent in the national Journal.
• The content of a European patent application modified by the wording of a European patent in the language in which the proceedings on a European patent application were held before the European Patent Office shall be decisive for determination of the scope of protection ensuing from the European patent application and the European patent.
• If protection ensuing from the Slovak translation of the patent specification submitted to the Slovak Office for validation of the European patent in Slovakia as well as from the Slovak translation of the patent claims submitted to the Slovak Office for publication purposes is narrower than protection ensuing from the wording of the European patent application and the European patent in the language in which the proceedings before the European Patent Office were held, the Slovak translation shall be considered to be the binding wording, with the exception of the proceedings for revocation of the European patent.

MEDICINAL PRODUCTS

BASIC FACTS

• The Slovak Office shall grant a supplementary protection certificate to any medicinal product which is an ingredient of a medicine which before being placed on the market has been a subject to registration pursuant to a special regulation, provided that (i) the medicinal product is protected by a basic patent on the territory of the Slovak Republic, (ii) the medicinal product is a component of the medicine registered pursuant to the special regulation, where it is the first registration in the territory of the Slovak Republic, (iii) the medicinal product has not been granted a supplementary protection certificate for medicinal product in the previous period, (iv) the basic patent has not been granted on the basis of the application for invention pursuant to Section 82 of Act No. 527/1990 Coll.
• The applicant shall be obliged to pay for the application for granting the certificate the administrative fee.
• Certificate shall be granted on the basis of the application exclusively to the owner of the basic patent. Application for granting the certificate may also be filed by a legal successor in title of the basic patent owner.
• The owner shall be obliged to the pay annual administrative fee for the maintenance of the validity of the certificate.

PLANT PROTECTION PRODUCTS

BASIC FORMAL REQUIREMENTS

• applicant’s name, address, nationality (if applicable)
• number of the basic patent
• title of the basic patent
• power of attorney signed by the applicant
• number and date of the first registration of the medicinal product
• data enabling identification of the compound or mixture protected by the basic patent and the active substance or mixture of the medicine
• original or notarised/legalized copy of the decision on the registration of the medicinal product comprising the identification of the medicinal product and the clause of legal force of the decision.

TIME LIMITS

• Application for granting the certificate has to be filed within six months from the day of validity of the decision on registration of the medicine pursuant to the special regulations.
• If the decision on registration came into effect before granting the basic patent, the application for granting the certificate shall be filed within six months from the day of granting the patent.
• The certificate will take effect on the day following the expiry of the lawful term of the basic patent.
• The certificate will take effect for a period equal to the period which elapsed between the filing date of the application for the basic patent and the date of the first registration of the medicine pursuant to the special regulations, reduced by a period of five years, however, the duration of the certificate may not exceed five years from the date on which it takes effect.

BASIC REQUIREMENTS

• two A4 prints or 7 prints maximum size 80 x 80 mm
• applicant’s name, address, nationality (if applicable)
• when claiming priority – number and date of the first application filed
• power of attorney signed by the applicant (later filing is possible)

TIME LIMITS

• when claiming priority – inextensible time limit for filing the Slovak application: 6 months from the prior trademark application
• when claiming priority - inextensible term for submitting the priority document: 3 months from the filing date in Slovakia
• 3 months from the trademark publication date for filing trademark oppositions
• renewal of a trademark may be requested at the earliest during the final year of the protection period and at the latest within six months from its expiry.

VALIDITY

• 10 years from the filing date

BASIC FORMAL REQUIREMENTS

• 3 prints (photographs or drawings - maximum size 160 x 225 mm); plus an extra print(s) according to the number of applicants
• list of designs (a multiple design application)
• applicant’s name, address, nationality (if applicable)
• author’s name (a natural person only), address, nationality, information whether an author is applicant’s employee; or author’s declaration of giving up the rights to be stated in a design application
• when claiming priority – number and date of the first application filed
• when claiming priority – a certified copy of the priority document (if applicable)
• description of the purpose of a design (compulsory)
• description of a design (not compulsory)
• power of attorney signed by the applicant (later filing is possible)
• assignment of rights for applying a design registration in case the applicant is not an author or in case the author is not applicant’s employee (later filing is possible)

TIME LIMITS

• when claiming priority – inextensible time limit for filing a Slovak application: 6 months from the prior design application
• when claiming priority - inextensible time limit for submitting the priority document: 3 months from the filing date in Slovakia
• 12 month time limit prior to the filing date during which publication of the design by the author, its legal successor or by third parties on the basis of author’s initiative is not considered to be pre-publication.
• maximum time limit of 30 months for postponement of the design publication

REGISTRABILITY REQUIREMENTS

• absolute novelty
• original character
• design has to be noticeable in common use by the final consumer (for designs as parts of the composite products)

VALIDITY

• 25 years - it includes first 5 years and than four extensions of the validity term, each for 5 years
• 15 years for designs registered under the previous Act on Designs - it includes first 5 years and than two extensions of the validity term, each for 5 years

BASIC FORMAL REQUIREMENTS

• number and date of the first application filed (if applicable) applicant’s name, address, nationality (if applicable)
• inventor’s name, address, nationality, information whether the inventor is applicant’s employee
• specification, claims, abstract, drawings (max. size 210 x 297 mm)
• power of attorney signed by the applicant (later filing is possible)
• declaration signed by the inventor, applicable in case the inventor is not applicant’s employee (later filing is possible)
• the Patent Office will conduct a complex research

PATENTABILITY REQUIREMENTS

• novelty
• industrial applicability
• inventive step

EXCEPTIONS

• The following cannot be protected by utility model:

• a) technical solutions commercial exploitation of which would be in contradiction with public order or good manners; prohibition of a technical solution exploitation as such shall not be considered to be in contradiction with public order or good manners within the meaning of this provision;

• b) plant and animal varieties;

• c) essentially biological processes for production of plants or animals;

• d) methods of surgical or therapeutic treatment of human or animal body and diagnostic methods and methods of diseases prevention used on a human or animal body;

• e) technical solutions concerning products consisting of biological material or containing biological material or a process by means of which the biological material is produced, processed or used;

• f) methods for production of chemical substances;

• g) methods for production of pharmaceutical substances; and

• h) medical use of substances and compositions of substances.

VALIDITY

• 10 years from the filing date of the utility model application - it includes first 4 years and than two extensions of the validity term, each for 3 years

• Slovak legislation enables to take measures to prohibit the import, export, re-export or transit of counterfeit and pirated goods at Slovak borders.

BASIC FORMAL REQUIREMENTS

• application for taking measure filed with the Slovak Custom Headquarters
• money deposit required by the Slovak Custom Headquarters
• credible documents proving IP rights
• filing a request for identification action whether the goods seized are counterfeits with a corresponding Slovak County Court
• power of attorney

TIME LIMITS (A)

In case no measure is in force. All time limits are counted from the day of seizure of goods by the Slovak Customs. Information on seizure of goods is not usually received from the Slovak Customs on the day of the seizure thus the time limits are shorter.

• 3 workdays of the detainment of goods suspicious of being counterfeits by the Slovak Customs
• 3 workdays for identification of the detained goods by the expert for original products or by the attorney authorized for trademark matters at Slovak borders
• 3 workdays for filing a request for taking a measure with the Slovak Custom Headquarters
• 3 workdays for depositing money to the Slovak Custom Headquarters
• 3 workdays for filing a request for identification action with the Slovak Court
• 3 workdays for vindication to the Slovak Customs that a request for identification action has been filed with the Slovak Court

TIME LIMITS (B)

In case a measure has already been taken in the past and it is still in force. All time limits are counted from the day of seizure of goods by Slovak Customs. Information on seizure of goods is not usually received from the Slovak Customs on the day of the seizure thus the time limits are shorter.

• 10 workdays of the detainment of goods suspicious of being counterfeits by Slovak Customs
• 10 workdays for identification of the detained goods by the expert for original products or by the attorney authorized for trademark matters at Slovak borders
• 10 workdays for filing a request for identification action with the Slovak Court
• 10 workdays for vindication to the Slovak Customs that a request for identification action has been filed with the Slovak Court.