PATENT
REGULATIONS
NN 55/2020, in force from May 16, 2020
Zagreb May, 2020
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SCOPE AND DEFINITIONS
Article 1 (1) The Patent Regulations (hereinafter: the
Regulations) shall define details related to the procedures carried out before the State Intellectual Property Office (hereinafter: the Office) explicitly provided by the Patent Act (hereinafter: the Act) to be prescribed by the Regulations.
(2) Definitions referred to in Article 4 of the Act shall apply to the terms used in the Regulations.
GENDER MEANING OF TERMS
Article 2 The expressions used in these Regulations, having a gender meaning shall include equally the male and female gender.
EXCERPT FROM THE REGISTER
Article 3 (1) An excerpt from the register is a public document
containing, at the date of issue, all the indications on a particular case entered in one of the registers referred to in Article 21, 22 or 23 of the Act, written in the order prescribed by the mentioned Articles.
(2) Upon a special request by an interested person, the Office may issue an excerpt as valid on that day, an excerpt for a specific period of time or a historical excerpt that contains the indications referred to in paragraph (1) of this Article entered up to the day of the issue, with a note to the effect that an excerpt on that day or covering a specific period of time or a historical excerpt is concerned.
(3) The excerpt from the register referred to in this Article shall contain a statement to the effect that the excerpt is identical with the original, the place and date of the issue, the number under which the excerpt has been issued, and the stamp and signature of the authorised officer of the Office.
(4) The excerpt referred to in this Article may be issued in electronic form, if corresponding technical preconditions have been provided for.
MANNER AND SCOPE OF PROVIDING INFORMATION SERVICES
Article 4 (1) The Office provides, within the framework of its
activity, information services in compliance with Article 26 of the Act.
(2) The information services referred to in this Article
comprise, as a rule, searches of patent information funds contained in the publicly accessible part of the registers kept by the Office referred to in Article 21, 22 or 23 of the Act, as well as contained in other patent information funds available to the Office, according to specific criteria.
(3) The Office provides standard services (according to a predefined set of criteria) as well as special services according to a set of criteria requested by users.
(4) The Office provides information services on the basis of a request previously filed in written form, which shall contain the name and address of the requesting party and a specification of the requested service.
REQUEST FOR THE CORRECTION OF MISTAKES AND CONTENTS OF THE PUBLICATION
Article 5 (1) A procedure for the correction of mistakes
referred to in Article 27 paragraph 1 of the Act shall be initiated by a written request made on the completed P-3 form, which is an integral part of these Regulations or on a form which completely corresponds to this form by its content and appearance.
(2) If the space provided for a particular column of the P-3 form is not sufficient, the required indication including the number of the column and its full contents shall be attached to the P-3 form as a special attachment.
(3) The publication of the correction of a mistake in the official gazette of the Office shall contain: 1. the number of an application or a protected
right to which the correction relates; 2. an indication of a mistake to be corrected; 3. a correct data or an indication of a correct
data; 4. the number of the official gazette of the Office
in which data to be corrected has been published.
(4) The indications published in the official gazette of the Office shall be represented by Internationally agreed Numbers for the Identification of Data on patents (hereinafter INID codes).
CONTENTS OF THE PUBLICATION OF INDICATIONS CONCERNING REINSTATEMENT OF
RIGHTS AND CONTINUED PROCESSING
Article 6 (1) In the official gazette, the Office shall publish
PATENT REGULATIONS
NN 55/2020, in force from May 16, 2020
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the following indications from a request for reinstatement of rights referred to in Article 28 of the Act: 1. indications concerning the person filing a
request, 2. the date of receipt of a request, and 3. the number of an application or a protected
right which the request is filed for. (2) After having decided on a request for reinstatement
of rights, in addition to the indications referred to in paragraph (1) of this Article, the Office shall publish in the official gazette both the type and the date of issuing a decision on the request.
(3) The provisions of this Article shall also apply to the publication of indications concerning a request for continued processing referred to in Article 29 of the Act.
A REQUEST FOR ENTRY OF CHANGES OF THE NAME OR THE ADDRESS INTO REGISTERS AND
CONTENTS OF THE PUBLICATION
Article 7 (1) A procedure for the entry of changes of the name
or address referred to in Article 30 of the Act shall be initiated by filing a written request made on the P-2 form, which is an integral part of these Regulations or on the submission completely corresponding to that form in terms of contents and appearance.
(2) A request referred to in paragraph (1) of this Article shall contain: 1. an express indication that the entry of a
change of the name and/or address into the register is applied for;
2. the number of an application or a protected right;
3. the name and address of the applicant or the holder of a protected right respectively referred to in accordance with Article 8 paragraph (1) of these Regulations;
4. the name and address of the person filing a request referred to in accordance with Article 8 paragraph (1) of these Regulations;
5. the name and address of a representative, if applicable, referred to in accordance with Article 8 paragraph (2) of these Regulations;
6. data before the change; 7. a changed data to be entered into the
register; 8. a signature of the person submitting the
request or of his representative. (3) If the space provided for a particular column in the
P-2 form is not sufficient, the required indication including the indication of the column and its full contents shall be attached to the P-2 form as a special attachment.
(4) If, by entering the change in the register, the indications concerning the applicant or the holder
of a protected right who is a natural or a legal person referred to in Article 17 of the Act are changed, a power of attorney must be submitted for the new applicant or the holder of a protected right.
(5) In the official gazette, the Office shall publish the following indications from a decision on the entry of a change: 1. the number of an application or a protected
right; 2. an indication concerning the type of the
change to be entered into the register; 3. data before the change; 4. a changed data to be entered into the register.
(6) The indications published in the official gazette of the Office shall be represented by INID codes.
(7) The provisions referred to in this Article shall apply mutatis mutandis to each change of the name or the address of the representative and to each change concerning the correspondence address.
PROVISION OF NAMES AND ADDRESSES ON SUBMISSIONS
Article 8 (1) Name and address of the applicant, the holder of
a protected right, the inventor or the applicant of any other request or proposal in submissions to the Office shall be indicated in the following way: 1. if the applicant is a natural person: name
and surname of the applicant, street, house number, zip code, place and state of his residence;
2. if the applicant is a legal person: company or firm, street, house number, zip code, place and state of his principal place of business.
(2) Name and address of the representative in submissions to the Office shall be indicated in the following way: 1. if the representative is a natural person: name
and surname, street, house number, zip code and place;
2. if the representative is a legal person: company, street, house number, zip code and place.
(3) If several applicants are indicated in submissions to the Office, and if the applicants fail to indicate an address for correspondence, the Office shall deliver communications to the address of the applicant who was listed first.
(4) In a submission, there are also indicated other manners of establishing connection with the applicant or his representative, such as phone number, facsimile number or the e-mail address.
(5) In accordance with the provisions of general regulation governing personal identification number, all submissions shall contain personal identification number of the applicant and his representative, where applicable.
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TECHNICAL PRECONDITIONS FOR FILING APPLICATIONS BY ELECTRONIC MEANS
Article 9 (1) A patent application as well as all requests
and subsequent submissions in single-party administrative procedures referred to in Article 18 paragraph (1) of the Act may be submitted in electronic form by using a corresponding e-filing service available at the web site of the Office or another web page of systems intended for communication between citizens and business entities with public bodies.
(2) A European patent application which is filed with the Office in electronic form shall be filed by using the software support provided by the European Patent Office, in accordance with the valid Decision of the President of the European Patent Office concerning the electronic filing of documents.
(3) The Office shall publish at its web site technical preconditions for the realisation of electronic communication for filing an application and subsequent submissions in accordance with paragraph (1) and (2) of this Article; the applicant who wishes to use it shall ensure technical preconditions for filing applications by electronic means.
(4) When filing an application as well as all requests and subsequent submissions in accordance with paragraph (1) and (2) of this Article, the applicant shall use qualified certificates, in accordance with regulations on electronic business transactions, issued by an authorised legal person registered for issuing certificates.
(5) The application as well as all requests and subsequent submissions shall be considered received in terms of paragraph (1) and (2) of this Article where the qualified electronic signature by their applicant has been verified by an automatic action that is the advanced electronic signature based on a qualified certificate.
(6) The Office shall notify the applicant of a successfully received application as well as all requests and subsequent submissions in accordance with paragraph (1) and (2) of this Article by e-mail, indicating a temporary file number and the date and time of their receipt.
(7) If the application as well as all requests and subsequent submissions are filed in accordance with paragraph (1) and (2) of this Article, attachments to be enclosed thereto shall be filed in the same manner. Applications, requests and subsequent submissions filed electronically and carrying a qualified electronic signature, that is an advanced electronic signature based on a qualified certificate, shall be considered as signed by a hand-written signature.
(8) The attachments accompanying the application or the requests and subsequent submissions filed
in accordance with paragraph (1) of this Article shall be considered as original documents, and the applicant shall guarantee that the attached documentation in electronic form is identical with the original documentation by the advanced electronic signature.
(9) By filing the application as well as all requests in accordance with paragraph (1) of this Article, the applicant shall be considered to have given an explicit consent to submit the writings in a procedure electronically if corresponding technical preconditions are provided for.
CONTENT OF A REQUEST FOR THE GRANT OF A PATENT
Article 10 (1) A request for the grant of a patent referred to in
Article 34 of the Act shall contain: 1. an express indication that the grant of a patent
is applied for; 2. the title of the invention expressing clearly
and concisely the essence of the invention, provided that it does not contain commercial names, trademarks, names, codes, abbreviations common to particular products and the like;
3. name and address of the applicant indicated in accordance with Article 8 paragraph (8) of these Regulations, and an indication of a written declaration concerning a common representative if there are several applicants;
4. name and address of the inventor indicated in accordance with Article 8 paragraph (1) of these Regulations, an indication of a written declaration by the inventor that he does not wish to be mentioned in the patent application, and an indication if the inventor and the applicant are one and the same person;
5. name and address of the representative indicated in accordance with Article 8 paragraph (2) of these Regulations;
6. a declaration that contains indications concerning a priority claim referred to in Article 44 paragraph (1) of the Act: the first application number and filing date and a State or an international or intergovernmental organisation in or for which the application was filed;
7. reference to the application previously filed referred to in Article 41 paragraph (1) item 3 of the Act;
8. number and date of filing an international application, if applicable;
9. an indication to the effect that the invention has been displayed at the exposition referred to Article 11 paragraph (1) item 2 of the Act;
10. an indication concerning a request for the
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division of the application, including the number of the original application;
11. address for correspondence; 12. indications concerning other parts of the
application: the number of pages constituting the description of the invention, the number of claims and the number of pages constituting the claims, the number of drawings and the number of pages constituting the drawings, the abstract and attachments to the application;
13. a figure of the drawing suggested by the applicant to publish in the official gazette and the abstract of the application;
14. an indication concerning consent to submit the writings in a procedure electronically if corresponding technical preconditions are provided for;
15. the signature of the applicant or his representative.
(2) The indications referred to in paragraph (1) of this Article shall be specified on the P-1 form, which is an integral part of these Regulations or on the submission completely corresponding to this form by its contents and appearance.
(3) If the space provided for a particular column of the P-1 form is not sufficient, the required indication including the number of the column and its full contents shall be attached to the P-1 form as a special attachment.
(4) The provision of this Article shall apply mutatis mutandis to a utility model application, to be filed on the UM-1 form, which is an integral part of these Regulations.
ATTACHMENTS TO THE APPLICATION
Article 11 A patent application shall be accompanied by the following: 1. evidence as to payment of the administrative
fee and procedural charges, or evidence as to the basis for exemption from payment thereof;
2. a power of attorney or an indication to the effect that representation is based on a general power of attorney entered in the register of general powers of attorney kept by the Office, if the application is filed through a representative;
3. a declaration concerning a common representative, if there are several applicants;
4. a declaration of the inventor that he does not wish to be mentioned in the application, if applicable;
5. a copy of the first application or earlier applications certified by the competent authority, if the priority is claimed in compliance with Article 44 paragraph (1) of
the Act; 6. a certificate of the display at an international
exhibition, if the invention has been displayed in compliance with Article 11 paragraph (1) item 2 of the Act;
7. evidence concerning a sample of viable biological material in compliance with Article 35 paragraph (3) of the Act, or evidence concerning a new sample of viable biological material in compliance with Article 39, paragraph (4) of the Act, if applicable;
8. a list of nucleotide and/or amino acid sequences, if the application contains a disclosure thereof.
CONTENT AND MANNER OF DRAFTING A DESCRIPTION OF THE INVENTION
Article 12 (1) Description of the invention shall contain:
1. the technical field to which the invention relates;
2. the technical problem for the solution of which patent protection is sought;
3. the state of the art (description and analysis of known solutions to the technical problem concerned) presented in the scope known to the applicant, and necessary for the understanding, searching and examination of the invention, and, shall preferably cite the patent documents and other sources reflecting such art;
4. disclosure of the essence of the invention in such terms that the technical problem and its solution can be understood and state the advantageous effects of the invention with reference to the prior state of the art;
5. brief description of the figures in the drawings, if any;
6. detailed description of at least one way of carrying out the invention, with providing an example where appropriate and with reference to the drawings, if any;
7. the way in which the invention is capable of industrial or any other application, where it is not obvious from the description or nature of the invention.
(2) In exceptional cases, a different manner and order of drafting the description of the invention from the one indicated in paragraph (1) of this Article shall be followed when, because of the nature of the invention, such manner or order would afford a better understanding of the invention or be more concise.
(3) Each of the constituent parts referred to in paragraph (1) of this Article shall preferably be preceded by an appropriate heading.
(4) The solution to the technical problem disclosed in the description of the invention shall be free of any
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allegations or assumptions, and all the essential characteristics of the invention shall be presented clearly and precisely so that it could be carried out by the person skilled in the art.
(5) Where the invention relates to a process, it shall include all its essential phases and characteristics, so that the process feasibility is completely shown, which must be proved by providing examples.
(6) Where the invention relates to a construction and it is shown on a drawing, after a detailed description of the construction solution referring to invention elements from the drawing, and as the proof of its capability of being carried out, it shall describe the manner of functioning of both the particular essential elements of the construction and the construction itself.
(7) Where the invention relates to a compound, a mixture or biological material, it shall indicate their physical and chemical or biological features, i.e. all the essential characteristics of the invention, which must be proved by providing examples.
MANNER OF MAKING AND FORM OF DRAWINGS
Article 13 (1) Drawings representing an invention shall
be made in the form of a technical drawing, unless otherwise indispensable (e.g. photos of metallographic structures, microscopic photos of tissue and cells and the like).
(2) The usable surface on sheets containing drawings shall not exceed 26.2 x 17 cm and the sheets shall not contain frames around the usable or used surface. The minimum margins shall be as follows: – top: 2.5 cm – left side: 2.5 cm – right side: 1.5 cm – bottom: 1 cm.
(3) The drawings shall be made in a manner that: 1. the lines are uniformly thick, black, well-
defined and durable, and surfaces between them without colourings or shades if it impedes legibility;
2. cross-sections are indicated by hatching which shall not impede the clear reading of the leading lines and reference signs;
3. the scale of the drawings and the distinctness of their graphical execution are such that electronic or a photographic reproduction with a (linear) reduction in size of two thirds would enable all the details to be distinguished without difficulty;
4. all the numbers, letters and reference signs appearing on the figures are simple and clear, and brackets, circles or quotation marks are not to be used in association with numbers and letters;
5. elements in the same figure must be in proportion to each other, except where the
use of a different proportion is indispensable for the better clarity of the figure;
6. the height of the numbers and letters is not less than 0.32 cm; for the lettering of drawings, the Latin and, where customary, the Greek alphabets shall be used;
7. the same sheet of a drawing may contain several figures; where figures drawn on two or more sheets form a single complete figure, the figures on the several sheets shall be so arranged that the whole figure can be assembled without concealing or overlapping any part of the figure appearing on different sheets;
8. the different figures on a sheet shall be arranged without a larger free space between each other, if possible vertically, clearly separated from one another, but if the figures are not arranged vertically, they shall be represented horizontally with the top part of the figure on the left side of the sheet; the different figures shall be numbered consecutively in Arabic numerals, independently of the numbering of the sheets;
9. reference signs not mentioned in the description and claims shall not appear in the drawings, and vice versa;
10. the same features, when denoted by reference signs, shall be denoted by the same signs throughout the application;
11. if the drawings contain a large number of reference signs, it is recommended to attach a separate sheet, listing all the reference signs and the features denoted by them;
12. the drawings must not contain textual parts, except, when indispensable, simple words such as “water”, “steam”, “open”, “closed”, “section A-B”, may be used for understanding the text.
(4) Block schematic or flow sheet diagrams shall also be considered drawings in terms of this Article.
(5) The drawings shall be produced by means of instruments enabling the production of drawings in compliance with paragraph (3) of this Article.
CONTENT AND MANNER OF DRAFTING CLAIMS
Article 14 (1) The claims shall define the matter for which
protection is sought exclusively in terms of the technical features of the invention.
(2) The claims shall, whenever possible, contain: 1. introductory part indicating the subject
matter of the invention, followed by those technical features of the invention which, in combination, form part of the prior art, and which are necessary for the definition of the claimed subject matter;
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2. characteristic part , preceded by the words “characterized in that” or “characterized by” indicating those technical features of the invention for which, in combination with the technical features of the prior art referred to in item 1, paragraph (2) of this Article, the patent protection is sought.
(3) Where the requirement concerning the unity of the invention referred to in Article 32 of the Act has been complied with, the patent application may contain several independent claims of the same category (product, process, apparatus, use) only when the application includes one of the following: 1. a plurality of interrelated products; 2. different uses of a product or an apparatus; 3. alternative solutions of a specific problem,
where these alternatives cannot be covered by one claim.
(4) A single inventive concept shall exist where several inventions are so linked that there is among those inventions a technical relationship, which involves one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution, which each of the claimed inventions, considered as a whole, makes over the state of the art.
(5) The determination whether a group of inventions is so linked as to form a single inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim.
(6) Any claim indicating essential features of the invention may be followed by one or more claims referring to specific features of the invention.
(7) The claim that includes all the features of some other claim (dependent claim) shall contain, if possible in the beginning, reference to such claim and shall then state the additional features. The dependent claim may also refer to another dependent claim. All the dependent claims referring to a single previous claim, or several previous claims, shall be grouped together to the extent that the relation between mutually dependent claims is easily detected and that their importance in such relation is easily interpreted.
(8) The number of the claims shall be reasonable with regard to the nature of the invention claimed. If there are several claims, they shall be numbered consecutively in Arabic numerals.
(9) Claims shall not, except where absolutely necessary, rely, in respect of the technical features of the invention, on references to the description or drawings. In particular, they shall not rely on such references as: “as described in part … of the description”, or “as illustrated in figure … of the drawings”.
(10) Where the patent application contains drawings with reference signs, the technical features
mentioned in the claims shall preferably be followed by reference signs relating to such features for better understanding of the claims. When used, the reference signs shall be placed in parentheses.
(11) Reference signs referred to in paragraph (10) of this Article shall not be interpreted as limiting the claims.
CONTENT AND MANNER OF DRAFTING THE ABSTRACT
Article 15 (1) The abstract shall contain the title of the
invention and a brief summary of the disclosure as contained in the description, the claims, and the drawings. The summary shall indicate the technical field to which the invention relates and shall allow a clear understanding of the technical problem concerned, the gist of the solution to that problem, and the principle use or uses of the invention. Where appropriate, the abstract shall contain the chemical formula, which, among all the formulae contained in the application, best characterizes the invention.
(2) The abstract shall not contain statements on the alleged merits or value of the invention or on its speculative application.
(3) If the patent application contains any drawings, the applicant shall indicate the figure or, exceptionally, several figures of the drawings, which he suggests should be published with the abstract. The Office may decide to publish other figure or several other figures if it considers that they better characterize the invention. All the main features of the invention mentioned in the abstract and illustrated by the drawings shall be followed by reference signs placed in parentheses.
(4) The abstract shall be so drafted that it can serve as an efficient searching tool in the particular technical field, especially as assistance in formulating an opinion on whether there is a need for consulting the patent application itself.
(5) Preferably, the abstract shall not contain more than 150 words.
REQUIREMENTS CONCERNING THE DRAFTING OF PARTICULAR ELEMENTS OF A PATENT
APPLICATION IN PAPER FORM
Article 16 (1) The elements of a patent application (request for
the grant of a patent, description of the invention, claims, drawings and abstract) shall be suitable for electronic and direct reproduction.
(2) The size of the sheets shall be A4 (29.7 cm x 21.0 cm), the paper shall be white, smooth, non-shiny, strong, flexible and durable. Each sheet shall be used so that the short sides are at the top and
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bottom (i.e. in an upright position); they shall not be crumpled, torn up or folded, and only one side of the sheet can be used.
(3) Each element of the patent application referred to in paragraph (1) of this Article shall commence on a new sheet and the sheets shall be so connected that they can be easily turned, separated and joined again.
(4) The minimum margins of the sheets not containing drawings shall be as follows: - top 2 cm - left side 2.5 cm - right side 2 cm - bottom 2 cm. The recommended maximum margins of the sheets not containing drawings shall be as follows: - top 4 cm - left side 4 cm - right side 3 cm - bottom 3 cm.
(5) The margins of the patent application, as filed, must be completely blank (clear).
(6) All the sheets contained in the patent application shall be numbered in consecutive Arabic numerals, which shall be centred at the top of the sheet.
(7) The request for the grant of a patent, the description of the invention, the claims and the abstract shall be clearly printed. Exceptionally, graphic symbols and characters, and chemical or mathematical formulae may, when necessary, be written by hand.
(8) The height of the capital letters in the text shall not be less than 0.21 cm, wherein the letters on the sheet shall be printed in a dark and indelible colour. The typing shall be 1.5- spaced.
(9) The request, the description, the claims and the abstract shall not contain drawings.
(10) The description, the claims and the abstract may contain chemical or mathematical formulae, and the description and the abstract may contain tables.
(11) The claims may contain tables only if the subject matter of the claim makes the use of tables desirable. Tables and chemical or mathematical formulae may be placed sideways on the sheet if they cannot be presented satisfactory in an upright position thereon. The sheets on which tables or chemical or mathematical formulae are presented sideways shall be so presented that the tops of the tables or formulae are at the left side of the sheet.
(12) Physical units shall be expressed in terms of the International System of Units (SI). For mathematical, chemical and molecular formulae and atomic weights the symbols shall be used as well as such technical terms and signs as are
generally accepted and used in the technical field concerned.
(13) The terminology, the signs and the symbols shall be consistent throughout the patent application.
(14) Each elementof theapplication shallbereasonably free from errors, alterations, overwritings and interlineations. Non-compliance with this rule may be authorized if the authenticity of the contents is not in question and the requirements for good reproduction are not in jeopardy.
REQUIREMENTS CONCERNING THE DRAFTING OF PARTICULAR ELEMENTS OF A PATENT
APPLICATION IN ELECTRONIC FORM
Article 17 (1) The Office shall publish at its web site technical
specifications necessary to electronically draft elements of the application referred to in Article 16 paragraph (1) of these Regulations and attachments referred to in Article 11 of these Regulations.
(2) Provisions of Article 16 of these Regulations shall apply mutatis mutandis to the elements of the application filed electronically.
SUBSEQUENTLY FILED DOCUMENTS
Article 18 (1) The provisions of Articles 12 to 17 of these
Regulations shall also apply to documents filed subsequently replacing the parts making up the application; they shall be submitted to the Office in the same manner as the application.
(2) The documents filed subsequently relating to two or more patent applications or persons, shall be submitted in a number of copies corresponding to the number of applications and the number of persons concerned respectively.
(3) The documents filed subsequently shall be signed.
(4) The documents filed subsequently referred to in paragraph (1) of this Article may be submitted electronically regardless of the manner of filing the application.
CONTENT OF THE PRIORITY RIGHT CERTIFICATE
Article 19 The priority right certificate shall contain: 1. indications concerning the applicant for a
patent or a utility model; 2. filing date of a patent or a utility model
application; 3. the number of a patent or a utility model
application; 4. the title of the invention; 5. the description of the invention equal to the
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description in the application on the accorded filing date;
6. claims equal to the claims in the application on the accorded filing date;
7. drawings equal to the drawings in the application (if any) on the accorded filing date;
8. indication concerning equivalence of the indications with the indications in the application.
CONTENTS OF THE REQUEST FOR SEARCHING THE STATE OF THE ART BASED ON AN
AGREEMENT ON COOPERATION
Article 20 (1) The request for searching the state of the art
referred to in Article 56 paragraph (3) of the Act shall contain: 1. an explicit indication that the state of the art
is requested to be searched by the office with which the Office has entered into an agreement on cooperation in the field of searching the state of the art;
2. an indication of the office requested to search the state of the art;
3. name and address of the applicant; 4. number and filing date of the application; 5. indications of the granted priority right:
number, filing date of the application and the state, or an international or intergovernmental organisation in or for which the application was filed, if priority right is claimed based on an earlier application;
6. number and date of the original application in the case of division of the application;
7. the title of the invention in Croatian and in English;
8. name and address of a representative, if the request is submitted through a representative;
9. an indication of the category of the applicant, when the conditions of searching differ for individual categories of users (for example natural persons, small and medium-sized enterprises, universities, research centres and the like);
10. a signature of the appl icant or his representative.
(2) The request referred to in paragraph (1) of this Article shall be accompanied by: 1. a copy of the application translated into
English; 2. a corresponding evidence of all applicants
belonging to an indicated category referred to in item 9 paragraph (1) of this Article, if applicable;
3. evidence of payment of the costs of searching procedure.
SEARCH REPORT OF THE STATE OF THE ART
Article 21 (1) Search report of the state of the art referred to in
Article 57 of the Act shall contain: 1. the number of a patent application; 2. name and address of the applicant; 3. filing date of the patent application; 4. indications concerning the grant of a
priority right: number, filing date of the application and a state, or an international or intergovernmental organisation in or for which the application was filed;
5. a classification symbol according to IPC; 6. titles of databases used in searching the state
of the art; 7. documents of the state of the art considered
to be relevant, their category and the date when a document became available to the public;
8. other indications if necessary, excluding personal data.
(2) A declaration referred to in Article 57 paragraph (2) of the Act shall contain reasons preventing a search report from being prepared.
(3) In addition to indications referred to in paragraph (1) of this Article, a partial search report referred to in Article 57 paragraph (2) and paragraph (3) of the Act shall also contain reasons preventing search of the state of the art of the relevant patent application from being conducted in full.
(4) The applicant who amends the patent application in accordance with Article 55 paragraph (3) of the Act shall submit to the Office a clear and unambiguous identification of the amended content of the application and indicate the basis of such amendments in relation to the content of the application as filed; thus amended content shall be taken into account in the procedure of substantive examination.
WRITTEN OPINION ON PATENTABILITY
Article 22 (1) Written opinion on patentability referred to in
Article 58 of the Act shall contain: 1. the number of a patent application; 2. name and address of the applicant; 3. filing date of a patent application; 4. priority date of a patent application; 5. indications concerning fulfilment of the
requirements of novelty, inventive step and industrial applicability, as well as other requirements prescribed by Article 6, 8, 9, 35, 36 and 37 of the Act ;
6. other indications if necessary, excluding personal data.
(2) The applicant who replies to a written opinion on
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patentability referred to in Article 58 paragraph (5) of the Act shall submit to the Office a clear and unambiguous identification of the amended content and indicate the basis of such amendments in relation to the content of the application as filed.
CONTENT OF THE PUBLICATION OF A PATENT APPLICATION
Article 23 (1) The publication of a patent application shall
contain description, claims, all drawings as filed, abstract and search report of the state of the art, where available before technical preparations for publication are completed.
(2) In the official gazette, the Office shall publish the following content: 1. the number of a patent application; 2. the filing date of a patent application; 3. the title of the invention in Croatian and in
English; 4. a classification symbol according to the IPC; 5. indications concerning a priority claim:
number, filing date of the application and a state, or an international or intergovernmental organisation in or for which the application was filed;
6. the number and date of a European patent application if conversion referred to in Article 128 of the Act is concerned;
7. the number and date of an original application in the case of division of a patent application;
8. an indication concerning display of the invention at an international exhibition;
9. an indication concerning the applicant; 10. an indication concerning the inventor or a
declaration that the inventor does not wish to be mentioned in the application;
11. an indication concerning a representative, if applicable;
12. an abstract with a characteristic figure or figures of a drawing, if any;
13. the number and filing date of an international application, if applicable;
14. the number and date of an international application, if applicable.
(3) The Office may also publish other indications if necessary, excluding personal data.
(4) The indications published in accordance with this Article shall be represented by INID-codes.
(5) A search report of the state of the art that is not published together with a patent application shall be published subsequently, indicating the number of a patent application and a classification symbol according to the IPC.
CONTENT AND FORM OF THE CERTIFICATE
Article 24 (1) The holder of the patent shall be issued a patent
certificate in writing in one copy and it shall contain: 1. the number of a patent; 2. the title of the invention; 3. name and address of the right holder; 4. name and address of the inventor or a
declaration that the inventor does not wish to be mentioned;
5. the issuing date of a certificate. (2) The certificate shall be delivered to the holder of
a patent accompanied by a corresponding file. (3) The certificated referred to in this Article may be
issued electronically, if corresponding technical requirements are fulfilled.
(4) The provisions of this Article shall apply mutatis mutandis to the content and the form of a utility model certificate.
CONTENT OF THE FILE
Article 25 (1) The patent file shall be issued to the holder in
writing in one copy and it shall contain: 1. the number of a patent; 2. a classification symbol according to the IPC; 3. the publishing date of an indication concerning
the granted right; 4. name and address of the holder of a patent; 5. name and address of the inventor or a
declaration that the inventor does not wish to be mentioned;
6. name and address of a representative, if applicable;
7. the title of the invention; 8. the filing date of the application; 9. indicat ions concerning the granted
priority right; the number, filing date of the application and a state, or an international or intergovernmental organisation in or for which the application was filed;
10. the number and filing date of a European patent application if conversion referred to in Article 128 of the Act is concerned;
11. a description of the invention, claims and drawings, if any.
(2) The indications referred to in paragraph (1) of this Article shall be represented by INID-codes.
(3) The provisions of this Article shall apply mutatis mutandis to the content of a utility model file.
(4) The file referred to in this Article may be issued electronically, if corresponding technical requirements are fulfilled.
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CONTENT OF THE PUBLICATION OF A PATENT GRANT
Article 26 (1) The publication of a patent grant shall comprise
publication of the indications in the official gazette, issuing the file and a certificate of a patent grant.
(2) In the official gazette, the Office shall publish the following indications: 1. the number of a patent; 2. the publishing date of a patent; 3. the number of an application; 4. the filing date of an application; 5. the title of the invention in Croatian and in
English; 6. a classification code according to the IPC; 7. the number and date of an original application
in the case of a division of the application; 8. indicat ions concerning the granted
priority right: the number, filing date of an application and a state, or an international or intergovernmental organisation in or for which the application was filed;
9. the number and date of a European patent application if conversion referred to in Article 128 of the Act is concerned;
10. an indication concerning the holder of a patent;
11. an indication concerning the inventor or a declaration that the inventor does not wish to be mentioned;
12. an indication concerning a representative, if applicable;
13. the number and filing date of an international application, if applicable;
14. the number and filing date of an international publication, if applicable.
(3) The Office shall publish the following indications concerning cessation of effect of the rights: 1. the number of a patent; 2. a classification symbol according to the IPC; 3. the cessation date of effect of the rights; 4. the number of an official gazette in which the
patent was published. (4) The Office may also publish other indications
in the official gazette if necessary, excluding personal data.
(5) The indications published in accordance with this Article shall be represented by INID-codes.
(6) The provisions of this Article shall apply mutatis mutandis to the publication of a registered utility model.
CONTENT OF THE PUBLICATION OF CONVERSION OF A UTILITY MODEL
Article 27 (1) In the official gazette, the Office shall publish the
following indications on conversion of a utility model into a patent: 1. the number of a utility model application; 2. the number of a patent; 3. the publication date of a patent.
(2) The indications published in accordance with this Article shall be represented by INID-codes.
REQUEST FOR THE GRANT AND REQUEST FOR AN EXTENSION OF THE DURATION OF A SUPPLEMENTARY PROTECTION CERTIFICATE
Article 28 (1) A request for the grant of a supplementary
protection certificate referred to in Article 79 paragraph (1) and (2) of the Act and a request for an extension of the duration of a supplementary protection certificate referred to in Article 79 paragraph (3) of the Act shall contain indications and attachments prescribed by Article 8 paragraph (1) to (3) of the Regulation (EC) No 469/2009 and Article 8 paragraph (1) of the Regulation (EC) No 1610/96.
(2) In addition to the indications prescribed by Article 8 paragraph (1) items (a) and (c) and paragraph (2) and (3) of the Regulation (EC) No 469/2009, or Article 8 paragraph (1) items (a) and (c) of the Regulation (EC) No 1610/96, the request referred to in paragraph (1) of this Article shall contain: 1. an explicit indication that the grant and/or an
extension of the duration of a supplementary protection certificate is requested;
2. an explicit indication if a product concerned is an integral part of a medicinal product intended for humans or animals or a plant protection product;
3. the name of the product for which the grant or an extension of a supplementary protection certificate is requested (chemical or generic name);
4. the correspondence address, if applicable; 5. an indication concerning consent that
the writings in a procedure are delivered electronically if corresponding technical prerequisites are fulfilled.
(3) The indications referred to in paragraph (1) and (2) of this Article shall be given on the S-1 form which makes an integral part of these Regulations or on a submission which completely corresponds to this form by its content and appearance.
(4) If the space provided for a particular column of the S-1 form is not sufficient, the required indication including the number of the column and its full contents shall be attached to the S-1 form as a special attachment.
(5) In addition to the attachments prescribed by Article 8 paragraph (1) items (b), (c) and (d) and paragraph (3) of the Regulation (EC) No 469/2009, or Article 8 paragraph (1) items (b) and (c) of the
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Regulation (EC) No 1610/96, the request referred to in paragraph (1) of this Article shall also contain the following attachments: 1. evidence of payment of a prescribed
administrative fee and procedural charges; 2. a power of attorney for representation or an
indication that representation is based on a general power of attorney entered in the register of general powers of attorney kept by the Office, if the request is submitted through a representative;
3. a declaration on a common representative in the case of several applicants.
CONTENT OF THE PUBLICATION OF INDICATIONS FROM THE APPLICATION FOR A SUPPLEMENTARY
PROTECTION CERTIFICATE
Article 29 (1) In the official gazette, the Office shall publish
the indications from the application request for the grant and an extension of a supplementary protection certificate prescribed by Article 9 paragraph (2) and (3) of the Regulation (EC) No 469/2009 and Article 9 paragraph (2) of the Regulation (EC) No 1610/96.
(2) In addition to the indications referred to in paragraph (1) of this Article, the Office shall publish: 1. the number of the application for the grant
and/or an extension of a supplementary protection certificate;
2. the date of filing an application; 3. data concerning a representative.
(3) The indications referred to in paragraph (1) of this Article shall be represented by INID-codes.
CONTENT OF THE PUBLICATION OF INDICATIONS CONCERNING THE GRANT, REFUSAL OR
REJECTION OF A SUPPLEMENTARY PROTECTION CERTIFICATE
Article 30 (1) In the official gazette, the Office shall publish
the indications concerning the grant of a supplementary protection certificate prescribed by Article 11 paragraph (1) of the Regulation ((EC) No 469/2009 and Article 11 paragraph (1) of the Regulation (EC) No 1610/96.
(2) In addition to the indications referred to in paragraph (1) of this Article, the Office shall publish: 1. the number of supplementary protection
certificate; 2. an indication concerning a representative.
(3) Within the meaning of the provision of Article 11 paragraph (2) and (3) of the Regulation (EC) No 469/2009 and Article 11 paragraph (2) of the Regulation (EC) No 1610/96, the provisions of this
Article shall also apply to the publication of the fact concerning the grant of an extension of the duration of a supplementary protection certificate, and to the publication of the fact concerning the refusal or rejection of the application for the grant or an extension of the duration of a supplementary protection certificate.
CONTENT OF THE PUBLICATION OF DATA CONCERNING LAPSE OR INVALIDITY OF A
SUPPLEMENTARY PROTECTION CERTIFICATE
Article 31 In the official gazette, in accordance with the provisions of Article 17 of the Regulation (EC) No 469/2009 and Article 16 of the Regulation (EC) No 1610/96, the Office shall publish the following notifications of lapse or invalidity of a supplementary protection certificate: 1. the number of a certificate; 2. the date of lapse of a certificate; 3. the date of the decision concerning invalidity
of a supplementary protection certificate, if applicable;
4. the number of an official gazette in which the supplementary protection certificate was published.
REQUEST FOR ENTRY OF CHANGES INTO A REGISTER AND CONTENT OF THE PUBLICATION
Article 32 (1) The request for entry of changes referring to the
transfer of rights and the license referred to in Articles 107 and 108 of the Act shall contain: 1. an explicit indication concerning the type of
a change to be entered into a register; 2. the number of an application or the number
of a patent; 3. name and address of the applicant or the
holder of a patent provided in accordance with Article 8 paragraph (1) of these Regulations;
4. name and address of the person filing a request provided in accordance with Article 8 paragraph (1) of these Regulations;
5. name and address of the representative provided in accordance with Article 8 paragraph (2) of these Regulations, if the request is submitted through a representative;
6. name and address of the person to whom the right is transferred or the name and address of a licensee, in accordance with Article 8 paragraph (1) of these Regulations;
7. a signature of the person submitting the request or his representative.
(2) If the request refers to the entry of a license, in addition to the indications referred to in paragraph (1) of this Article, it shall also contain: 1. an indication concerning the type of a license
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(exclusive or non-exclusive); 2. date and time of the duration of a license; 3. an indication of cancelling the license, if
applicable. (3) The indications referred to in paragraph (1) and
(2) of this Article shall be specified on the P-2 form, which forms an integral part of these Regulations or on the submission which completely corresponds to this form by its content and appearance.
(4) The request referred to in paragraph (1) of this Article shall be accompanied by the attachments prescribed by paragraphs (1) to (3) of Article 109 of the Act.
(5) In the official gazette, the Office shall publish the following indications from the decision on the entry of changes: 1. the number of an application or a patent; 2. an indication concerning the type of a change
to be entered into a register; 3. an existing entry in the register referred to in
Article 20 of the Act; 4. an indication substituting or added to an
existing entry in the register referred to in Article 20 of the Act
(6) The indications to be published in the official gazette of the Office shall be represented by INID- codes.
(7) The provisions of this Article shall apply mutatis mutandis to the entry of rights in rem referred to in Article 110 of the Act, and to the entry of bankruptcy and pre-bankruptcy proceedings referred to in Article 111 of the Act.
CONTENT OF THE PUBLICATION OF INDICATIONS CONCERNING THE DECLARATION OF NULLITY OF
A PATENT
Article 33 (1) In the official gazette, the Office shall publish the
following indications concerning the declaration of nullity of a patent: 1. the number of a patent; 2. a classification symbol according to the IPC; 3. the date of the declaration; 4. the number of an official gazette in which the
patent was published. (2) The indications to be published in the official
gazette of the Office shall be represented by INID- codes.
(3) The provisions of paragraph (1) and (2) of this Article shall apply mutatis mutandis to the publication of the declaration of nullity of a utility model.
CONTENT OF THE REQUEST FOR ENTRY OF A EUROPEAN PATENT INTO THE REGISTER OF
PATENTS
Article 34 (1) The request for the entry of a European patent
referred to in Article 124 of the Act shall contain: 1. name and address of the holder of a
European patent in accordance with Article 8 paragraph (1) of these Regulations;
2. the title of the invention of a European patent in Croatian;
3. name and address of the inventor in accordance with Article 8 paragraph (1) of these Regulations;
4. name and address of the representative in accordance with Article 8 paragraph (2) of these Regulations;
5. indications concerning a European patent: the number and date of publishing a European patent;
6. an indication concerning consent to deliver the writings in a procedure electronically if corresponding technical prerequisites are fulfilled;
7. indications concerning attachments as submitted;
8. a signature of the appl icant or his representative.
(2) The request referred to in paragraph (1) of this Article shall be accompanied by: 1. evidence of payment of an administrative fee
for the request for entry and of procedural charges for publication and printing of translations of European claims into Croatian;
2. patent specification of a European patent in English and its translation into English if the language of a procedure was not English;
3. a translation of claims into Croatian; 4. a proper power of attorney, if a procedure is
initiated through a representative. (3) The indications referred to in paragraph (1) of this
Article shall be specified on the PE-1 form, which forms an integral part of these Regulations or on the submission which completely corresponds to this form by its content and appearance.
(4) If the space provided for a particular column of the PE-1 form is not sufficient, the required indication including the number of the column and its full contents shall be attached to the PE-1 form as a special attachment PE-1.
(5) A copy of the PE-1 form filled in referred to in paragraph (3) of this Article shall be delivered by the Office to the applicant as a confirmation of receiving the mentioned indications, elements and attachments.
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CONTENT OF THE PUBLICATION OF INDICATIONS CONCERNING A EUROPEAN PATENT
Article 35 (1) In the official gazette, the Office shall publish the
following indications concerning a European patent referred to in Article 124 of the Act: 1. the number of a patent; 2. the number and date of the request for entry
into the register of European patents; 3. indications concerning the granted priority
right: the number and filing date of the first application, an indication of a state, an international or intergovernmental organisation in or for which the first application was filed;
4. a classification code according to the International Patent Classification (IPC);
5. the title of the invention in Croatian and in English;
6. an indication concerning the holder of a patent;
7. an indication concerning the inventor or a declaration that the inventor does not wish to be mentioned;
8. an indication concerning the representative; 9. indications concerning an international
application: the number and filing date of an international application, and the number and date of an international publication;
10. the number and filing date of a European patent application;
11. the number and date of publishing the translation of a European patent, the type of a translated document and a language of publication.
(2) If, as a result of an opposition filed with the European Patent Office, the European patent is maintained with the amended claims, or is limited by the amendment of the claims as a result of a request for limitation, or if the holder of the European patent furnishes the Office with a translation of the amended claims referred to in paragraph (2) and (3) of Article 124 of the Act, the Office shall publish the mention of an amended translation in the official gazette in addition to the indications referred to in paragraph (1) of this Article.
(3) The following indications shall be published concerning the declaration of invalidity of a European patent: 1. the number of a patent; 2. a classification code according to the IPC; 3. the invalidity date of a patent; 4. the number of an official gazette in which the
patent was published. (4) The indications published in accordance with this
Article shall be represented by INID-codes.
TECHNICAL PREREQUISITES FOR FILING AN INTERNATIONAL APPLICATION WITH THE OFFICE
AS THE RECEIVING OFFICE
Article 36 (1) An international application referred to in Article
136 of the Act filed with the Office electronically, shall be filed by using a software support provided by the World Intellectual Property Organization or the European Patent Office.
(2) At its website, the Office shall publish technical prerequisites for electronic communication in order to file an application in accordance with paragraph (1) of this Article.
(3) The applicant who wants to file an application in accordance with paragraph (1) of this Article shall provide for technical prerequisites necessary to file applications and other indications and attachments by electronic means.
(4) The fees prescribed by the Regulations according to the Patent Cooperation Treaty and the fees prescribed by the Agreement between the European Patent Office and the International Bureau of the World Intellectual Property Organization shall be paid in accordance with a corresponding instruction published at the web site of the Office in HRK, calculated at the mean rate of the Croatian National Bank for foreign currency.
(5) The Office shall convert the fees paid as referred to in paragraph (4) of this Article into foreign currencies prescribed by the Regulations under the Patent Cooperation Treaty and by the Regulations on the Fees under the European Patent Convention and shall transmit them to the International Bureau and the European Patent Organization within the prescribed time limits.
(6) The costs of conversion, banking fee and possible exchange rate difference incurred from the day of payment of the amount of fees in HRK to the day on which the Office has transmitted the same, shall be borne by the applicant filing the international patent application.
(7) The international search and international preliminary examination of the international patent applications filed with the Office as the Receiving Office shall be carried out by the European Patent Office.
TRANSITIONAL AND FINAL PROVISIONS
Article 37 On the day of entering into force of these Regulations, the Patent Regulations shall cease to be valid (»Official Gazette«, No. 117/07, 3/11, 66/11, 145/12, 85/13 and 43/17).
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Article 38 These Regulations shall enter into force on the eighth day of the publication thereof in the “Official Gazette”, except for Article 20 of these Regulations which shall enter into force on the day of entering into force of an agreement on cooperation referred to in Article 56 paragraph (3) of the Patent Act (“Official Gazette”, No. 16/2020).
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