SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
grade, handles this process. The Office assigns the application a special date, known as a priority date, which marks the moment from which the invention is considered protected, and this protection lasts until the entire process is completed. This priority date is important because it sets the clock ticking for the patent protection and is a crucial part of the overall patent application procedure. To obtain a patent, an application must first be filed. This can be done in person, by mail, or online. The Patent Office will then check to make sure all the paperwork is in order. After that, they will examine the invention to determine whether it is truly new and innovative. If all the requirements are met, the patent is granted and the invention is entered into their official records. In Serbia, domestic applicants can handle the patent process on their own. However, foreign applicants will need to work with a patent attorney who is registered in Serbia. 1.3 Scope, Term and Maintenance of Patent Rights A patent is an exclusive right that protects its holder with regard to the economic exploitation of the patent- ed invention and constitutes an absolute right enforce- able against third parties. A patent gives its owner a special form of protection, which means they have complete control over how their invention is used to make money. This protection acts like a strong shield that prevents others from using the invention without permission. Not only does the patent owner have eco- nomic rights, but they also have certain moral rights. For example, they have the right to be named as the inventor on the patent application and on any other important documents related to the patent. This is important because it recognises the inventor’s hard work and creativity. When a patent is granted, the owner has the right to control how the invention is used. This means they can decide who makes it, uses it, sells it, and even who gets to bring it into or out of the country. They also have the power to stop others from carrying out these activities without permission. The standard term of patent protection is 20 years from the filing date
of the patent application. In contrast, a utility model (petty patent) is granted for a shorter duration of ten years. Patent protection is subject to the payment of annual maintenance fees. Failure to pay such fees results in the lapse of the patent right. However, the law pro- vides for an additional period during which the main- tenance fee may be paid with a surcharge, allowing for the restoration of rights under prescribed conditions. Finally, the duration of protection may, in certain cas- es, be extended through the grant of a Supplementary Protection Certificate (SPC), which provides additional protection beyond the standard patent term in specific fields. 1.4 Ownership, Assignment and Licensing A patent application may be filed by the inventor or by a person to whom the right has been transferred. If the application is filed by someone other than the inventor, a statement explaining the basis for acquir- ing the right to file must be included. Patent rights arise upon publication of the grant in the official gazette and are effective from the filing date. While the law does not provide specific provisions solely for universities, employer rights and contrac- tual arrangements can apply to research agreements and internal institutional regulations, with employment contracts or special agreements commonly governing the transfer of rights. Assignments and licensing agreements must be in writing, and licences may be exclusive or non-exclu- sive. A patent can also be transferred or pledged, with registration in the Intellectual Property Office’s patent register required for legal effect against third parties. 1.5 Patent Infringement and Defences Patent infringement occurs when a product or pro- cess protected by a patent is produced, used, offered, imported, or sold without authorisation, covering both direct acts, such as production or offering, and indi- rect acts, including distribution of products resulting from a protected process. Direct infringement involves performing such acts without the patent holder’s per- mission, while indirect or contributory infringement
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