Patents Laws in Montenegro

Here’s a clear summary of patent laws in Montenegro:

🔹 Patent Laws in Montenegro

1. Governing Law

Patents in Montenegro are governed by the Law on Patents (latest version from 2016).

Administered by the Intellectual Property Office of Montenegro (IPO Montenegro).

2. Patentability Criteria

To be patentable, an invention must:

Be new (novel),

Involve an inventive step (non-obvious),

Have industrial applicability.

3. Patent Protection Options

National patent applications filed directly with IPO Montenegro.

Montenegro is a member of the European Patent Convention (EPC), so:

European patents can be validated and enforced in Montenegro.

Montenegro is also a contracting party to the Patent Cooperation Treaty (PCT):

International applications can enter Montenegro’s national phase.

4. Patent Term

Patent protection lasts 20 years from the filing date, subject to renewal fees.

5. Application and Examination

Formal examination is done by IPO Montenegro.

Substantive examination is required to grant a patent.

Applications are published 18 months after filing (or priority date).

6. Language

Applications must be filed in Montenegrin.

For European patents, translation into Montenegrin is required for validation.

7. Enforcement

Patent holders can enforce rights in Montenegrin courts.

Remedies include injunctions, damages, and destruction of infringing products.

8. International Treaties

Montenegro is a member of:

The European Patent Convention (EPC),

The Patent Cooperation Treaty (PCT),

The Paris Convention,

The TRIPS Agreement through WTO membership.

✅ Summary Table

FeatureDetails
Governing LawLaw on Patents (2016)
Patent AuthorityIntellectual Property Office of Montenegro (IPO Montenegro)
Patent Term20 years from filing
Filing OptionsNational, European (EPC), PCT national phase
LanguageMontenegrin
Patent EnforcementMontenegrin courts
TreatiesEPC, PCT, Paris Convention, TRIPS

 

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