Slovenian Intellectual Property Office
- Q1 Filing Date
- Q2 Representation
- Q3 Forms and Means of Communications
- Q4 Relief in Respect of Time Limits
- Q5 Reinstatement of Rights
- Q6 Restoration of Priority Rights Where the Filing of the Subsequent Application was Delayed
- Q7 Restoration of Priority Rights Where the Filing of a Copy of the Earlier Application was Delayed
- Q8 Request for Recordation of Change in Name or Address
- Q9 Request for Recordation of Change in Applicant or Owner
- Q10 Request for Recordation of a License or a Security Interest
- Q11 Request for Correction of a Mistake
Q1: Filing date
Q1-1 For the purpose of obtaining a filing date, an applicant may file an application on paper or “as otherwise permitted by the Office”. If your Office accepts applications filed in a form or by a means other than on paper, for the purpose of the filing date (for example, on-line filing), please provide a brief explanation regarding the acceptable form or means, and describe whether such form or means, for the purpose of the filing date, are different from the form or means applicable to applications accepted by your Office for the purpose of processing the application after according the filing date.
[Reference: PLT Article 5(1)(a)]
A1-1 The application shall be filed in writing, either directly or by post, by facsimile machine or by other electronic means of communication. An executive regulation issued by the Minister competent for the field of industrial property shall define, in greater detail, the manner of filing applications by other electronic means.
Executive regulations under this Act and order on the tariff referred to in Article 7(3) shall be issued within six months following the entry into force of this Act, with the exception of the regulation referred to in Article 80(2) which shall be issued after the Office will have had the necessary technical facilities.
Q1-2 Does your Office accept a drawing as the element referred to as “a part which on the face of it appears to be a description” in PLT Article 5(1)(a)(iii)?
[Reference: PLT Article 5(1)(b)]
A1-2 No
Q1-3 For the purpose of according the filing date, a Contracting Party may require information allowing the identity of the applicant to be established or information allowing the applicant to be contacted by the Office, or the both. What is the requirement of your country?
(a) Information allowing the identity of the applicant to be established
(b) Information allowing the applicant to be contacted by the Office
(c) Both information allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office.
[Reference: PLT Article 5(1)(c)]
A1-3 Both information allowing the identity of the applicant to be established OR information allowing the applicant to be contacted by the Office
Q1-4 Does your Office accept evidence allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office as the element referred to in PLT Article 5(1)(a)(ii) (“indications allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office”)?
[Reference: PLT Article 5(1)(c)]
A1-4 Yes
Q1-5 For the filing date to be determined under PLT Article 5(6)(b), which of the optional elements referred to in PLT Rule 2(4) are required by your Office?
(a) A copy of the earlier application
(b) A copy of the earlier application and its filing date, certified as correct
(c) A translation of the earlier application
(d) The missing part of the description or missing drawing must be completely contained in the earlier application
(e) The application must contain an indication that the contents of the earlier application were incorporated by reference
(f) An indication as to where the missing part of the description or the missing drawing is contained in the earlier application or in the translation.
[Reference: PLT Rule 2(4)]
A1-5 The missing part of the description or missing drawing must be completely contained in the earlier application
Where the applicant claims the priority under Article 61 in respect of an application from which a part of the description or a drawing appears to be missing, the missing part of the description or missing drawing shall be completely contained in the earlier application.
Q1-6 For a reference to a previously filed application to replace the description and any drawing for the purpose of the filing date under PLT Article 5(7), which of the requirements referred to in PLT Rule 2(5) are required by your Office?
(a) The reference to a previously filed application must indicate the filing date of the previously filed application
(b) A copy of the previously filed application
(c) A copy of the previously filed application, certified as correct
(d) A translation of the previously filed application
(e) The reference mentioned in PLT Article 5(7)(a) shall be to a previously filed application that has been filed by the applicant or his predecessor or successor in title
[Reference: PLT Rule 2(5)]
A1-6 - The reference to a previously filed application must indicate the filing date of the previously filed application
- A copy of the previously filed application, certified as correct
Where the applicant claims the priority under Article 61, the essential items of the application referred to in Article 82(2)(a) shall be deemed to have been filed, for the purposes of the date of filing, if the applicant, when filing the application in the Republic of Slovenia, indicates the date, number and State or Office of the previous application. In such case, the applicant shall submit the copy of the previous application referred to in Article 61(3) within three months from the receipt of the invitation, unless the previous application was filed with the Office, or is available to the Office from a digital library which is accepted by the Office for that purpose. If the applicant fails to submit the copy, the right of priority shall be deemed not to have been requested.
Q2: Representation
Q2-1 In addition to the procedures referred to in PLT Article 7(2)(a) and (b), are there any procedures before the Office that an applicant, owner or other interested person may carry out himself without, for example, a local representative? If yes, please list those procedures.
[Reference: PLT Article 7(2)]
A2-1 (1) Foreign natural and legal persons having neither residence nor real and effective industrial or commercial establishment in the Republic of Slovenia, hereinafter referred to as “foreign persons”, shall assert their rights under this Act in proceedings before the Office through a representative, unless otherwise provided by an international treaty which is binding on the Republic of Slovenia.
(2) Notwithstanding paragraph (1) and subject to paragraph (3), a foreign person may file applications, perform acts relating to the establishment of the filing date, pay fees in the proceedings before the Office, file copies of first applications when claiming the right of priority under Article 61, and receive notifications by the Office relating to those proceedings, without a representative.
(3) If a foreign person, in cases referred to in paragraph (2), does not have a representative in the proceedings before the Office, he shall communicate to the Office an address for correspondence which shall be in the territory of the Republic of Slovenia. Any notification referred to in paragraph (2) which the Office sends to the address for correspondence shall be deemed to be a sufficient notification.
(4) Notwithstanding paragraph (1), a renewal fee may be paid by any person.
Q2-2 Where a single power of attorney relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single power of attorney be filed for each application and patent?
[Reference: PLT Rule 7(2)(b)]
A2-2 Yes
Q3: Forms and Means of Communications
Q3-1 Does your Office permit the filing of communications by telegraph, teleprinter, telefacsimile or other similar means of transmittal? If yes, does your Office require that the original of such communication, accompanied by a letter identifying the earlier transmission, be filed on paper?
(a) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is not permitted
(b) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is required
(c) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is not required
[Reference: PLT Rule 8(2)(c)]
A3-1 The filing of communications by telegraph, teleprinter, telefacsimile etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile etc. is not required.
Where an application, which has been transmitted by facsimile machine or by other electronic means, is not legible or can not be clearly and properly reproduced, the Office shall invite the applicant to submit, within three months following the receipt of the invitation, a copy of that application in writing. If the requested copy is not transmitted in due time, the application shall be deemed to be withdrawn.
Q4: Relief in Respect of Time Limits
Q4-1 Which form of relief in respect of time limits does your Office provide?
[Reference: PLT Article 11(1), (2) and (4)]
A4-1 Extension of time limits requested prior to the expiration of the time limit
Period of extension: at most 3 months
Amount of fee: /
Continued processing
Time limit to file a request for continued processing: 2 months
Time limit to comply with the unfulfilled requirement: The request for further processing shall be filed, the omitted act
must be completed, and the fee shall be paid within two months from the date on which the applicant was
informed of the failure to comply with the time limit and the legal consequences of such non-observance. If the
omitted act is not completed or if the fee is not paid in due time, the request shall be deemed to be withdrawn.
Amount of fee: 100 EUR
Q4-2 Which actions are excluded from the relief as described in A4-1?
[Reference: PLT Article 11(3) and Rule 12(5)]
A4-2 (1) The applicant for or owner of a right may request, prior to the expiration of a time limit, its extension for up to three months.
(2) The time limits for filing an action as well as those referred to in paragraph (1) above and in Articles 13(1), 27(2), 35(2), 61(1), 62(1), 63(1), 64(2), 67(2), 68(2), 80(3), 86(3), 91(1), 92(3), 94(2) and (3), 101(1) and (5), 109, 110, 117(1), 130(2) and 137(2) shall not be extended.
(3) The grant of further processing may not be requested for the non-observance of the time limit referred to in paragraph (2) above and the time limit for filing an opposition or action, or if a request for the grant of restitutio in integrum or for correction or addition of a priority claim or for restoration of the right of priority has been filed.
Q5: Reinstatement of Rights
Q5-1 Under which circumstance does your Office reinstate the rights of the applicant or owner as referred to in PLT Article 12? In addition, please provide a brief explanation of the applicable standard.
[Reference: PLT Article 12(1)]
A5-1 Failure to comply with the time limit occurred in spite of due care required by the circumstances having been taken
A party to the proceedings before the Office who, in spite of all due care required by the circumstances having been taken, was unable to observe any time limit set out for the obligations required by the Office in accordance with this Act and the executive regulations issued pursuant to this Act, may request, on the basis of justifiable reasons, to have his rights re-established if the non-observance had the consequence of causing the deeming of the application, or of any request, to have been withdrawn, or the rejection or refusal, or the loss of the right.
It is difficult to prove due care and granted requests are very rare or the standard is high because the law also provides for extension of time limits and for continuation of processing.
Q5-2 What is the time limit for making a request for reinstatement of rights?
[Reference: PLT Rule 13(2)]
A5-2 The request for the grant of restitutio in integrum shall be filed within three months from the removal of the cause of non-compliance with the time limit, or, if the party only learned subsequently about that non-compliance, from the day when the party learned (subjective).
The request for the grant of restitutio in integrum shall only be admissible within one year following the expiry of the unobserved time limit (objective).
Q5-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 12(3)]
A5-3 Yes Amount: 150 EUR
Q5-4 Which actions are excluded from the reinstatement of rights?
[Reference: PLT Article 12(2) and Rule 13(3)]
A5-4 The grant of restitutio in integrum shall not be requested for the non-observance of the time limit prescribed for the filing of the opposition or action, or the copy of the first application, the request for the grant of restitutio in integrum, the request for the grant of further processing, the request for the right of priority, the request for a correction or addition of priority claim, or the request for restoration of the right of priority.
Q6: Restoration of Priority Rights Where the Filing of the Subsequent Application was Delayed
Q6-1 Under which circumstance does your Office restore the right of priority where the subsequent application was not filed within the priority period?
[Reference: PLT Article 13(2)]
A6-1 Failure to file the subsequent application within the priority period occurred in spite of due care required by the circumstances having been taken
Q6-2 In order to restore the right of priority, what is the time limit within which the subsequent application shall be filed?
[Reference: PLT Rule 14(4)]
A6-2 The request for restoration of the right of priority shall be filed within two months from the date on which the priority period expired and before technical preparations for publication of the application have been completed. Upon filing the request, the fee shall be paid. If the fee is not paid, the request shall be deemed to be withdrawn.
Q6-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 13(4)]
A6-3 42 EUR
Q7: Restoration of Priority Rights Where the Filing of a Copy of the Earlier Application was Delayed
Q7-1 In order to restore the right of priority where a copy of the earlier application was not filed within the time limit, does your Office require a declaration or other evidence in support of the request for restoration of priority rights?
[Reference: PLT Article 13(3) and Rule 14(6)(b)]
A7-1 Yes
Q7-2 Where the filing date of a copy of the earlier application was delayed (for example, a copy of the earlier application has not been filed within 16 months from the priority date), in order to enjoy restoration of priority right, what is the time limit within which such delayed copy of the earlier application shall be filed?
[Reference: PLT Rule 14(6)(b)]
A7-2 It is not fixed by the law. The Office sets a time limit in its request for filing a copy of the earlier application.
A copy of the first application may not be required before the expiration of sixteen months from the filing of the first application.
Q7-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 13(4)]
A7-3 42 EUR
Q8: Request for Recordation of Change in Name or Address
Q8-1 Where a single request for recordation of change in name or address relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 15(3)(b)]
A8-1 No
Q9: Request for Recordation of Change in Applicant or Owner
Q9-1 Does your Office require the following elements to be contained in the request for recordation of change in applicant or owner?
(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest
[Reference: PLT Rule 16(1)(b)]
A9-1 Not applicable
Q9-2 Which documentation relating to the basis of the change is required by your Office under the following circumstances?
[Reference: PLT Rule 16(2)(a) to (c)]
A9-2 There is the common provision regarding all changes.
Where the request for the alteration is filed by the person who has not been entered in the register as the owner of a right, that person shall submit, when filing the request or within three months from the receipt of the invitation, the consent of the owner of the right for the entry of the requested alteration in the register or, of his own choosing, other documents evidencing the legal basis for the entry of the alteration. Where the Office doubts the veracity of any indication contained in the request for the alteration or if the submitted documents are in a foreign language, it may require that, within three months from the receipt of the invitation, additional documents or a Slovene translation of the submitted documents be furnished.
Q9-3 Where the change in applicant or owner is in the person of one or more but not all of several co-applicants or co-owners, does your Office require that evidence of the consent of the other co-applicants or co-owner to the change be provided to the Office?
[Reference: Rule 16(2)(d)]
A9-3 No
Q9-4 Where a single request for recordation of change in applicant or owner relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 16(5)]
A9-4 No
Q10: Request for Recordation of a License or a Security Interest
Q10-1 May a license or a security interest in respect of a patent application or a patent be recorded under the law of your country?
[Reference: PLT Rule 17(1)]
A10-1 Recordation of a license Yes
Recordation of a security interest Yes
If one or both of the answers is(are) “Yes”, please ploceed to Q10-2. If both answers are “No”, please skip to Q11.
Q10-2 Does your Office require the following elements to be contained in the request for recordation of a licence (or a security interest)?
(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest by your country
(c) Information relating to the registration of the license (security interest)
(d) The date of the license (security interest) and its duration
[Reference: PLT Rule 17(1)(b)]
A10-2 Information relating to the registration of the license (security interest)
Q10-3 Which documentation relating to the basis of the license (or security interest) is required by your Office under the following circumstances?
[Reference: PLT Rule 17(2)]
A10-3 Licenses and requests for security interest are considered as changes in the register. There is the common provision regarding all changes. Where the request for the alteration is filed by the person who has not been entered in the register as the owner of a right, that person shall submit, when filing the request or within three months from the receipt of the invitation, the consent of the owner of the right for the entry of the requested alteration in the register or, of his own choosing, other documents evidencing the legal basis for the entry of the alteration. Where the Office doubts the veracity of any indication contained in the request for the alteration or if the submitted documents are in a foreign language, it may require that, within three months from the receipt of the invitation, additional documents or a Slovene translation of the submitted documents be furnished.
Q10-4 Where the licence (or security interest) is a freely concluded agreement, does your Office require that any applicant, owner, exclusive licensee, co-applicant, co-owner or co-exclusive licensee who is not party to that agreement give his/her consent to the recordation of the agreement?
[Reference: Rule 17(2)(d)]
A10-4 No
Q10-5 Where a single request for recordation of a license (or security interest) relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 17(5)]
A10-5 No
Q11: Request for Correction of a Mistake
Q11-1 Does your Office prescribe the following requirements with respect to a request for correction of a mistake?
(a) The request shall be accompanied by a replacement part or a part incorporating the correction
(b) The request shall be subject to a declaration by the requesting party stating that the mistake was made in good faith
(c) The request shall be subject to a declaration by the requesting party stating that such request was made without undue delay following the discovery of the mistake
(d) The request shall be subject to a declaration by the requesting party stating that such request was made without intentional delay following the discovery of the mistake
[Reference: PLT Rule 18(1)(b) to (d)]
A11-1 The request shall be accompanied by a replacement part or a part incorporating the correction
Q11-2 Where a single request for the correction of a mistake relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 18(3)]
A11-2 No
[End of questionnaire]
July 2007