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Legislative Implementation of Flexibilities - Serbia

Title:Articles 51 to 56 of the Law on Patents no. 99/11 of 27/12/2011
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

Secret Application

Article 51

An application filled by a national of Republic of Serbia which is found to be important for the defence or security of the Republic of Serbia is considered to be secret application.

Application under paragraph 1 of this Article shall be filed with the authority competent in national defence.

Procedure in Respect of the Application

Article 52

If the competent authority estimates in its examination of a patent or petty patent application that it falls under the category to be important for the defence or security of the Republic of Serbia it shall forward application to the authority competent in national defence, and such application shall retain the filing date accorded to it by the competent authority.

If the authority competent in national defence finds in its examination of an application filed that is not secret, it shall forward the application to the competent authority within three months from the reception of the application referred to in paragraph 1 of this Article.

If an application has ceased to be secret, authority competent in national defence shall forward such application to the competent authority without delay. Such application shall retain the filing date accorded to it by the competent authority.

Expert Opinion

Article 53

In the examination of an application for a secret invention, the authority competent in national defence may request an expert opinion from the competent authority on whether the secret invention claimed in the application fulfils legal requirements for protection of patent or petty patent.

The competent authority shall prescribe the particulars of the expert opinion under paragraph 1 of this Article.

Secret invention

Article 54

A secret invention shall not be published.

A national of Republic of Serbia may claim protection for a secret invention abroad only on approval of the authority competent in national defence.

Any issue related to the method, procedure and protection measures of a secret invention before the authority competent in national defence shall be subject to regulations regulating national defence of the Republic of Serbia.

Procedure Following the Grant of Right

Article 55

If the authority competent in national defence establishes, upon the grant of a patent or petty patent for a secret invention, that the invention has ceased to be secret, it shall forward the file concerning the invention to the competent authority, which shall enter the patent or petty patent into the appropriate Register, publish the mention of the granted right and issue a corresponding certificate to the right holder, in accordance with the provisions of this Law.

Right to Use

Article 56

The authority competent in national defence or in internal affairs shall have the exclusive right to use and dispose of a secret invention.

Any issue related to inventor's right to the remuneration for the protected secret invention shall be subject to regulations regulating national defence of the Republic of Serbia.

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