Patents Laws in Serbia

Here’s an overview of the patent laws in Serbia:

1. Governing Law

Patent protection in Serbia is governed by the Law on Patents (latest version adopted in 2021).

The Intellectual Property Office of the Republic of Serbia (IPO Serbia) is the national authority responsible for patents.

2. Types of Patent Protection

Standard patents for inventions.

Serbia does not have utility models protection separately (it focuses mainly on patents).

Industrial designs and other IP rights are governed under separate laws.

3. Patentability Requirements

An invention must be:

Novel (new and not previously disclosed)

Involve an inventive step (non-obvious)

Be industrially applicable

4. Exclusions

Discoveries, scientific theories, mathematical methods

Aesthetic creations

Schemes, rules, or methods for performing mental acts, playing games, or doing business

Computer programs “as such”

Methods for surgical or therapeutic treatment

5. Filing Procedure

Applications are filed with the Intellectual Property Office of Serbia.

Serbia is a member of:

The Patent Cooperation Treaty (PCT)

The Paris Convention

The European Patent Convention (EPC)

Applicants can file:

National patent applications directly in Serbia

European patents designating Serbia

International PCT applications entering the national phase in Serbia

6. Duration and Renewal

Patents are granted for 20 years from the filing date.

Annual renewal fees must be paid to maintain patent validity.

7. Enforcement

Patent infringement is handled by Serbian courts.

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

8. International Treaties

Serbia is part of the European Patent Convention (EPC).

Member of the Patent Cooperation Treaty (PCT).

Signatory to the Paris Convention.

 

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