Patents Laws in Croatia
Croatia's patent system is governed by the Patent Act, which regulates the protection of inventions through patents, utility models, and supplementary protection certificates. The current version of the Act is the Patent Act (NN 16/2020), effective from February 20, 2020.
Key Features of Croatia's Patent Law
1. Patentability Criteria
An invention is patentable in Croatia if it is:
Novel: Not part of the prior art.
Involves an inventive step: Not obvious to someone skilled in the field.
Industrially applicable: Capable of being used in some kind of industry.
Additionally, the invention must not fall into excluded categories such as discoveries, scientific theories, mathematical methods, or methods for treatment of the human or animal body by surgery or therapy.
2. Application Process
The patent application process in Croatia involves:
Filing: Submitting a patent application to the State Intellectual Property Office (SIPO).
Formal Examination: Checking compliance with formal requirements.
Substantive Examination: Assessing patentability criteria.
Granting: If the application meets all requirements, a patent is granted.
Foreign applicants must be represented by a registered patent representative in Croatia.
3. Rights Conferred
Upon grant, a patent confers the exclusive right to:
Make, use, sell, or distribute the patented invention.
Prevent others from exploiting the invention without consent.
These rights are enforceable within Croatia and may be extended to other jurisdictions through international agreements.
4. Duration and Maintenance
The term of a patent in Croatia is 20 years from the filing date, subject to the payment of annual maintenance fees. Failure to pay these fees can result in the lapse of the patent.
5. International Agreements
Croatia is a member of several international treaties that facilitate the protection of patents, including:
Patent Cooperation Treaty (PCT): Allows for international patent applications.
Paris Convention for the Protection of Industrial Property: Provides for the right of priority.
European Patent Convention (EPC): Enables the granting of European patents
These agreements help Croatian patent holders protect their inventions internationally.
6. Utility Models and Supplementary Protection Certificates
In addition to patents, Croatia offers protection for:
Utility Models: For inventions that are new and industrially applicable but may not meet the inventive step requirement for a patent.
Supplementary Protection Certificates: Extend the protection of patented active ingredients in pharmaceuticals and plant protection products for up to five years.
7. Compulsory Licenses
Under certain conditions, such as non-exploitation of the patent, the Croatian court may grant a compulsory license to a third party to use the patented invention.
Enforcement and Dispute Resolution
Patent holders can enforce their rights through civil proceedings in Croatian courts. Disputes may involve issues like patent infringement, validity, and entitlement.
RELATED Blog
0 comments