SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
T-S Legal Resavska 31 11000 Belgrade Serbia
Tel: +381 6220 0481 Email: office@t-s.legal Web: www.t-s.legal
1. Patents 1.1 Legal Framework and Patentable Subject Matter The legal framework governing patent protection in the Republic of Serbia primarily consists of the Pat- ent Law, as well as implementing regulations (bylaws regulating, inter alia, the content of patent applications and fees), applicable international treaties, and case law. It should be noted that case law does not consti- tute a formal source of law, but it plays an important interpretative role. To get a patent, an invention has to meet certain requirements. There are three main criteria: it must be new, it must be a real innovation, and it must be applicable in industry. The first two requirements must be true when the patent application is filed. The third requirement, being applicable in industry, can be dem- onstrated later, but no later than the date on which the patent is actually granted. This means that when an application is submitted, the invention must already be new and innovative, and evidence of how it can be used in industry must be provided before the patent is approved. When deciding what can be patented, the law excludes certain subject matter from being regarded as inven- tions; therefore such subject matter cannot be pat- ented. This includes discoveries, scientific theories, and mathematical methods, as they cannot be owned by one person or company. Aesthetic creations, like art or music, are also not eligible for patent protection. The law also excludes certain schemes, rules, and methods for performing mental acts, playing games, or doing business, as they are not regarded as inven-
tions. Computer programs, in and of themselves, are not patentable, nor are presentations of information. In addition, there are also some things that, even if they could be considered inventions, are not allowed to be patented because they are contrary to public order or morality. For example, if someone develops a way to perform surgery that was considered unethical, it would not be eligible for patent protection. Similarly, methods for diagnosing or treating animals or humans cannot be patented if they involve procedures performed directly on the body. Plant varieties, animal breeds, and bio- logical processes for producing plants or animals are also excluded from patentability. This is because such subject matter is either just too important or too closely connected to living things to be owned by one person or company. Serbian law also provides for a utility model (so-called petty patent), which grants protection for inventions for a period of ten years. A utility model may be grant- ed only for a product, while protection is excluded for inventions in the field of biotechnology, substances, pharmaceuticals, substances or compositions as defined by the Patent Law, plant varieties or animal breeds, as well as processes that may otherwise be protected by a patent. A utility model granted by the Intellectual Property Office has legal effect only within
the territory of the Republic of Serbia. 1.2 Patent Granting Procedure
When a patent application is filed, it is like starting a timer as the applicant must follow a strict schedule with deadlines that cannot be changed. In Serbia, the Intellectual Property Office, which is based in Bel-
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