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Act No. 435/2001 Coll. on Patents,
Supplementary Protection Certificates
and on Amendment of Some Acts as Amended
(The Patent Act)
Amended by : Act No. 402/2002 Coll.
Act No. 84/2007 Coll.
Act No. 517/2007 Coll.
Act No. 495/2008 Coll.
Act No. 202/ 2009 Coll.
The National Council of the Slovak Republic has adopted the following Act:
Title I
PART ONE
BASIC PROVISIONS
Article 1
Subject-matter of regulation
This Act shall govern relations arising in relation to creation, legal protection and utilisation
of inventions, which are subject-matter of a patent application or granted patent or are
subject-matter of supplementary protection certificates.
Article 2
Scope of the Act
This Act shall apply to
a) patent application (hereinafter referred to as “application”), European patent
application [Article 3(e)] and international application [Article 3(g)],
b) patent and European patent [Article 3(f)],
c) rights and obligations of an inventor, applicant (hereinafter referred to as ”applicant”)
and to an owner of a patent, an applicant for a European Patent application and to an
owner of a European patent, an applicant of an international application,
d) legal status of the third party who is a holder of other rights or obligations in relation to
an application, European patent application, international application, patent or
European patent,
e) proceedings on subject-matters of right pursuant to points (a) to (d).
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Article 3
Definition of terms
For purposes of this Act
a) biological material shall mean any material containing genetic information capable of
reproducing itself or being reproduced in a biological system,
b) microbiological process shall mean any process using microbiological material or
performed upon microbiological material or process result of which is microbiological
material,
c) essentially biological process for creation plants or animals shall mean a process based
exclusively on natural phenomena such as breeding or selection,
d) reproduction shall mean a generative or vegetative reproduction,
e) European patent application shall mean an application for a European patent filed
pursuant to the Convention on granting European patents signed in Munich on October
5, 1973 (hereinafter referred to as “European Patent Convention“),
f) European patent shall mean a patent granted by the European Patent Office pursuant to
the European Patent Convention,
g) international application shall mean an application filed pursuant to the Patent Co-
operation Treaty 1)
h) commercial exploitation of a patent or an invention shall mean any activity related to a
patent as a subject-matter of right or in relation to an invention as a subject-matter of a
patent, performed by an owner or any other authorised person with a purpose of
making profit.
PART TWO
PATENTS FOR INVENTIONS
Article 4
The Industrial Property Office of the Slovak Republic (hereinafter referred to as ”the Office”)
shall grant patents for inventions, which meet conditions, specified by this Act.
Article 5
Patentability of inventions
(1) Patents shall be granted for inventions from all fields of technology, which are new,
involve inventive activity and are industrially applicable.
1) Communication of the Federal Ministry of Foreign Affairs No 296/1991 Coll. on Deposition of the Document
on Accession of the Czech and Slovak Federal Republic to the Patent Co-operation Treaty agreed in
Washington on 17 June 1970 as amended.
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(2) Patents pursuant to paragraph 1 shall be also granted for biotechnological
inventions concerning to a product consisting of or containing biological material, or to a
process by means of which biological material is produced, processed or utilised, including
cases when invention relates to
a) biological material which is isolated from its natural environment or is produced by
means of a technical process, already occurred in a nature,
b) a plant or an animal, if a technical feasibility of an invention is not reduced to a
particular plant or animal variety 2)
c) a microbiological or other technical process or to a product obtained by such process,
d) an element isolated from a human body or produced by other means of a technical
process, including a sequence or partial sequence of a gene also in the case when the
structure of such element is identical with a structure of a naturally existing element.
(3) The following shall not be regarded as inventions pursuant to paragraph 1:
a) discoveries, scientific theories and mathematical methods,
b) aesthetic creations,
c) schemes, rules and methods for performing intellectual acts, games or business,
d) computer programmes,
e) presentation of information.
(4) Subject-matters or activities stated in paragraph 3 shall be excluded from
patentability only to the extent to which a patent application relates to these subject-
matters or activities.
Article 6
Exceptions to patentability
(1) Patents shall not be granted to
a) plant and animal varieties,
b) essentially biological processes for creation plants or animals,
c) methods of surgical or therapeutic treatment of human or animal body and diagnostic
methods and methods of illness prevention practised on human or animal body. This
provision shall not apply to products, in particular substances or compositions usable in
any of above-mentioned methods of treatment, diagnostics or illness prevention,
d) inventions relating to human body in different stages of its formation or development or
relating only to discovery of some elements of human body, including sequences or
partial sequence of a gene, with an exception pursuant to Article 5(2)(d),
e) inventions commercial exploitation of which would be in contradiction with public order
or good manners. The sole prohibition of exploitation of an invention by law shall not be
considered to be in contradiction with public order or good manners pursuant to this
provision.
2) Act No 132/1989 Coll. on Protection of Rights to New Plant and Animal Variety as amended by the Act of the
National Council of the Slovak Republic No 22/1996 Coll.
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(2) Patents shall not be granted pursuant to paragraph 1(e) to
a) processes of cloning human beings,
b) processes of modifying germ line genetic identity of human beings,
c) utilisation of human embryos for industrial or commercial purposes,
d) processes of modifying genetic identity of animals which are likely to cause suffering to
animals without having substantial medical benefit for people or animals, neither on
animals which are results of such processes.
Article 7
Novelty
(1) An invention shall be considered to be new if it does not form part of state of the art.
(2) State of the art shall be everything made available to public by any means of
disclosure before the day from which an applicant enjoys priority right (Article 36).
(3) Contents of patent applications and utility model applications filed in the Slovak
Republic with earlier priority right shall also be considered as state of the art, if they are
published in the Official Journal of the Industrial Property Office of the Slovak Republic
(hereinafter referred to as “Journal”) on the day from which an applicant enjoys priority
right or after this day. This shall also apply to international applications with designation for
the Slovak Republic; publication of an international application shall be publication in the
Journal (Article 41) , and to European patent applications with designation for the Slovak
Republic (hereinafter referred to as “European patent application”); publication of a
European patent application shall be publication pursuant to Article 93 or Article 153 of the
European Patent Convention. Confidential patent application (Article 59(10)) shall be
deemed for purposes of this provision to be published after expiry of 18 months from the
day of the rise of priority right.
(4) Disclosure of an invention to public shall not be considered as state of the art if it
occurred not earlier than six months preceding filing a patent application and which directly
or indirectly follows from
a) an evident abuse in relation to an applicant or his legal predecessor,
b) the fact that an applicant or his legal predecessor has displayed an invention at an
official or officially recognised exhibition pursuant to an international convention. 3)
In
this case when an applicant shall be in filing an patent application obliged to indicate
that an invention has been displayed and within four months from filing a patent
application to file a certificate on displaying of an invention pursuant to an international
convention 3)
.
(5) Patentability of substances or compositions shall not be excluded pursuant to
paragraphs 1 to 3, which are
a) comprised in state of the art, for their utilisation in methods referred to in the provision
of the Article 6(1)(c), provided that such utilisation is not comprised in state of the art,
3) Convention on International Exhibitions signed in Paris on 22 November 1928 (Collection of acts and
regulations of the Czechoslovak State No 46/1932), last revised in Paris on 30 November 1972.
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b) indicated in point (a) for their any specific utilisation in methods referred to in the Article
6(1)(c), provided that such specific utilisation is not comprised in state of the art.
Article 8
Inventive activity
(1) An invention shall be considered as a result of an inventive activity if it is not for a
person skilled in the art obvious from state of the art.
(2) Contents of applications, European patent applications and utility model applications
which have not been published as by the day from which an applicant enjoys priority right
shall not be taken into consideration in determination of an inventive activity.
Article 9
Industrial application
An invention shall be considered to be industrially applicable if its subject-matter can be
produced or utilised in any branch of industry, particularly in any branch of industry and
agriculture.
Inventor
Article 10
(1) An author of an invention (hereinafter referred to as “inventor”) shall have right to a
patent including right to file an application (hereinafter referred to as “right to a patent”).
(2) An inventor shall be a person who has created an invention by his own creative
work.
(3) Co-inventors of an invention (hereinafter referred to as “co-inventors”) shall have
right to a solution within extent to which they participated in creating an invention. Share of
co-inventors in creating an invention shall be equal, unless co-inventors agreed otherwise or
unless a court decides otherwise.
(4) If an invention has been created by several persons independently from each other,
right to a solution shall belong to a person with an earlier priority right (Article 36). This shall
apply only in case, if a patent application has been published pursuant to Article 41 or Article
60(2).
Article 11
(1) If an inventor has created an invention within the framework fulfilling tasks from an
employment, similar relationship or from membership relation right to a solution shall pass
to an employer, until parties to this relationship agreed otherwise. Right of being an inventor
shall remain unaffected.
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(2) An inventor who has created an invention pursuant to paragraph 1 shall be obliged
to inform an employer about this fact immediately in writing and at the same time he shall
submit any materials necessary for assessment of an invention.
(3) An employer shall be entitled to exercise right to a solution vis-à-vis the inventor in
writing, within a time limit of three months from notification pursuant to paragraph 2.
(4) If an employer fails to exercise right to a solution patent in writing within the time
limit pursuant to paragraph 3, this right shall pass back to an inventor. An employer as well
as an inventor shall be obliged to preserve confidentiality about invention vis-à-vis third
parties.
(5) An inventor, against whom right to a solution pursuant to paragraph 3 has been
exercised, shall be entitled to an appropriate remuneration from an employer. Technical and
economic importance of an invention and contribution achievable by its exploitation or by
other application shall be decisive for determining amount of remuneration, whereas
material share of an employer in creating an invention as well as a scope and contents of
workload of an inventor shall be taken into consideration. If remuneration fails evidently to
correspond with a contribution achieved by later exploitation or other application of an
invention, an inventor shall have right to supplementary compensation.
(6) Rights and obligations pursuant to paragraphs 1 to 5 shall remain unaffected after
legal relationship between inventor and employer has ceased.
Article 12
(1) Right to a solution shall also belong to legal successors in title of persons listed in
Article 10(1) and (3) or in Article 11(1).
(2) Right to a solution shall be transferred to another person in cases specified by
special regulations. 4)
(3) An agreement on the assignment of right to a solution shall be made in writing,
otherwise it is invalid.
(4) Together with assignment or transfer of right to a solution, which shall be made
after filing an application, assignment or transfer of rights conferred by an application shall
be made concurrently. Transfer or assignment of rights conferred by an application shall
come into effect vis-à-vis third parties on the day of its entry into the Register of patent
applications (Article 57), this shall not apply vis-à-vis third parties who have been informed
about assignment or transfer or according to circumstances should have known.
Article 13
Scope of protection
(1) Scope of protection conferred by a patent shall be determined by contents of patent
claims. Description and drawings shall be used for interpretation of patent claims.
4) For example Articles 69, 479 and 487 of the Commercial Code, Articles 460 and 469 of the Civil Code, Articles
12 to 17 of the Act No 111/1990 Coll. on State Enterprise as amended.
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(2) Scope of protection conferred by an application shall be preliminary determined by
contents of patent claims published pursuant to Article 41. Granted patent or patent
partially revoked shall determine scope of this preliminary protection retroactively; this shall
not apply if there is conferred wider protection by a granted patent than by a published
patent application.
(3) Protection conferred by a patent granted for a process shall also apply to a product
directly obtained by such process.
(4) Protection conferred by a patent granted for biological material with specific
characteristics, which are result of an invention shall also apply to any other biological
material derived from original biological material by reproduction in identical or different
form with same characteristics.
(5) Protection conferred by a patent granted for a process enabling production of a
biological material with specific characteristics which are result of an invention, shall also
apply to biological material obtained directly by a protected process as well as to any other
biological material derived from directly obtained biological material by reproduction in
identical or different form with same characteristics same characteristics.
(6) Protection conferred by a patent granted for a product containing of or consisting in
a genetic information shall apply to any material, in which a product is incorporated and in
which a genetic information is contained and performs its functions. This shall not apply in
case pursuant to Article 6(1)(d).
(7) A product, identical with a product protected pursuant to paragraphs 3 and 5 shall
be deemed to be a product achieved by a protected process directly unless it is proved
otherwise.
Article 14
Exploitation of an invention
(1) An owner of a patent (Article 19) shall have exclusive right to exploit an invention, to
grant consent for exploitation of an invention, to assign a patent to another person or to
establish right of lien to a patent.
(2) A patent shall be effective from the day when announcement on grant of a patent is
published in the Journal.
Article 15
Prohibition of exploitation of an invention
(1) Without consent of a patent owner following shall be prohibited
a) producing, exploitation, offering or placing on the market, or for this purpose storing or
importing a product which is a subject-matter of a patent,
b) exploitation of a production process which is a subject-matter of a patent (hereinafter
referred to as “protected process”) or offering such protected process for exploitation
to another person,
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c) producing, exploitation, offering or placing on the market, or for this purpose storing or
importing a product directly obtained by a protected process,
d) supplying or offering for delivery to a person not entitled to exploit an invention any
means enabling him to carry out an invention, if a person infringing right has been
informed or with regard to circumstances he should have been informed that these
means are intended or suitable to carry out an invention; this shall not apply if these
means are currently available on the market and a supplier did not instigate the person
not entitled to perform acts in contradiction with points (a) to (c).
(2) Exclusive rights pursuant to paragraph 1 shall also belong to an applicant, starting
from the day of publication of an application in the Journal, provided that a patent has been
granted for an invention, which is a subject-matter of an application. However, claiming of
these rights vis-à-vis third parties shall be possible only as from the day on which effects of a
patent begin.
Article 16
Exhaustion of rights
(1) A patent owner shall not be entitled to prohibit third parties to dispose of a product
which is a subject-matter of a patent protection after this product has been placed on the
market in the member state of the European Union or in the state which is a contracting
party to the Agreement on the European Economic Area by a patent owner or with his
explicit consent. This shall not apply if there are reasons for extension of rights to a patent
for such treatment.
(2) Paragraph 1 shall also apply to a biological material obtained by reproduction of a
protected biological material provided that such reproduction necessarily results from the
use for which the biological material has been placed on the market, if biological material
obtained in this way is not subsequently utilised for its further reproduction.
(3) Acquisition of protected plant reproduction material by a farmer within the scope of
a commercial relation with a patent owner or with his consent implies right of a farmer to
utilise a product of his work for reproduction of this product in his farm. Provisions of a
special regulation 6a)
shall apply mutatis mutandis for determination of a scope of right of a
farmer pursuant to sentence one and condition of claiming such right.
(4) Acquisition of protected animal reproduction material by a farmer within the scope
of a commercial relation with a patent owner or with his consent implies for right of a
farmer to use a protected livestock for agricultural purposes including using of an animal
reproductive material for his agricultural activity with exception of sale of animal
reproduction material form performing agricultural activities of a farmer with exception of a
sale of an animal reproduction material in relation with business or for the purpose of
business 5)
in the form of a subsequent reproduction activity.
6a) Article 14 of the Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights,
(Special edition: Chapter 03 Volume 16 P. 390 – 419, OJ L 227, 1.9.1994, p. 1–30) 5)
Article 2(1) of the Commercial Code.
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Limitation to effects of a patent
Article 17
(1) Right of a patent owner shall not be exercised vis-à-vis a person who before priority
right (Article 36) has exploited an invention in a good faith or has made appropriate
arrangements immediately aiming at exploitation of an invention independently from an
inventor or a patent owner (hereinafter referred to as “prior user“) within the territory of
the Slovak Republic. In case of doubts action of a prior user shall be considered acting in a
good faith unless proved otherwise.
(2) Assignment or transfer of right of a prior user for exploitation of an invention
pursuant to paragraph 1 shall be possible exclusively as a part of assignment or transfer of
ownership of a company or its part, within which an invention is being utilised.
Article 18
(1) Rights of a patent owner shall not be infringed if an invention is exploited
a) on board vessels of other states which are contracting parties to an international
convention 6)
or parties to the World Trade Organisation 7)
(hereinafter referred to as
“Union countries“) to which the Slovak Republic is a contracting party, in a body of a
vessel, machinery, tackle, gear and other accessories, if these vessels temporarily or
accidentally enter the territory of the Slovak Republic provided an invention is used
exclusively for needs of a vessel,
b) in construction or operation of aircrafts or land vehicles of the Union countries, or in
their components or other accessories when they temporarily or accidentally enter the
territory of the Slovak Republic,
c) when conducting activities pursuant to an international convention 8)
if these activities
relate to an aircraft of a state benefiting from advantages of this convention,
d) in individual preparation of a medicine in a pharmacy according to a medical
prescription or in activity related to a medicine prepared in this way,
e) in activity conducted privately and for non-commercial purposes,
f) in activity conducted for experimental purposes which shall also be studies, exams
necessary for registration proceedings pursuant to a special regulation 8a)
.
(2) Persons using an invention pursuant to paragraph 1(d) to (f) shall not be considered
to be persons entitled to exploit an invention pursuant the Article 15(1)(d).
6) Decree of the Minister of Foreign Affairs No 64/1975 Coll. on Paris Convention on Protection of Industrial
Property of 20 March 1883 revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in the
Hague on 6 November 1925, in London on 2 June 1934, in Lisbon on 31 October 1958 and in Stockholm on
14 July 1967 as amended by Decree No 81/1958 Coll. 7)
Communication of the Ministry of Foreign Affairs of the Slovak Republic No 152/2000 Coll. on Conclusion of
the Agreement establishing the World Trade Organisation. 8)
Article 27 of the Treaty on International Civil Aviation of 7 December 1944 (Decree No 147/1947 Coll.). 8a)
Act No 140/1998 Coll. on Medicines and Medical Devices
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Article19
Patent owner
A legal entity or a natural person entered as an owner into the Patent Register of the Office
(hereinafter referred to as “Register“) shall be considered a patent owner.
Article 20
Co-ownership of a patent
(1) Provisions of a special regulation 9)
shall apply to regulation of relationships among
patent co-owners e mutatis mutandis, unless this Act provides otherwise.
(2) Proportionate ownership of a co-owner to a patent shall be derived from the scope
of right to a solution belonging to a co-inventor (Article 10(3)) as a patent owner or a co–
inventor as a legal predecessor of a patent owner.
(3) Each of co-owners shall have right to exploit an invention, which is a subject–matter
of a patent, except granting right for utilisation of an invention to a third party, unless co-
owners have agreed otherwise.
(4) An agreement on abandonment of co-ownership and on mutual settlement shall be
made in writing, otherwise it is invalid.
(5) An agreement pursuant to paragraph 4 shall have legal effects vis-à-vis third parties
from the day of entry into the Register. The Office shall be obliged to enter changes from the
agreement into the Register no later than six months from its delivery to the Office or within
this time limit to communicate a decision specifying reasons on basis of which it shall not
possible to enter modifications into the Register.
(6) If a patent co-owner has no legal successor, after a patent co-owner’s death or
forfeiture, his proportionate ownership shall be transferred to other patent co-owners in a
rate appropriate to their proportionate co-ownerships.
(7) Provisions of paragraphs 1 to 5 shall apply mutatis mutandis to relations between
co-applicants.
Article 21
Assignment of patent
(1) An agreement on assignment of a patent shall be made in writing, otherwise it is
invalid.
(2) Assignment shall have legal effects vis-à-vis third parties from the day of entry into
the Register. This shall not apply vis-à-vis persons who knew about assignment or should
have known according to circumstances. The Office shall be obliged to enter this assignment
into the Register no later than six months from delivery of an agreement on assignment to
the Office or in this time limit to communicate a decision specifying reasons on basis of
which it shall not be possible to enter assignment into the Register within.
9) Articles 136 and 142 of the Civil Code.
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(3) Rights of third parties acquired before the day of entry of patent assignment into the
Register shall remain unaffected.
Article 22
Transfer of patent
(1) A Patent shall be transferred to a new owner pursuant to Article 48 including cases
specified by special regulations 4)
.
(2) Transfer of a patent shall have legal effects vis-à-vis third parties from the day of
entry into the Register. This shall not apply vis-à-vis persons who knew about transfer or
should have known according to circumstances. The Office shall be obliged to enter this
transfer into the Register no later than six months from its delivery to the Office or in this
time limit to communicate a decision specifying reasons on basis of which it shall not be
possible to enter transfer into the Register.
(3) With exception pursuant to Article 48, rights of third parties acquired before the day
of patent transfer shall remain unaffected.
Article 23
Right of lien
(1) Right of lien on a patent may be established.
(2) Provisions of a special regulation 10)
shall apply mutatis mutandis to right of lien and
to relations between pledge creditor and pledge debtor.
(3) Agreement on establishing right of lien shall be made in writing, otherwise it is
invalid.
(4) Contractual right of lien shall begin on the day of entry into the Register. The Office
shall be obliged to enter right of lien into the Register no later than within six months from
delivery of an agreement on establishing right of lien to the Office or within this time limit to
communicate a decision specifying reasons on basis of which it shall not be possible to enter
right of lien into the Register.
(5) Special regulation 11)
and paragraphs 2 and 3 shall apply mutatis mutandis to sub-lien
right.
Article 24
Licence agreement
(1) Rise, lapse and enforcement of right from a licence agreement shall be governed by
provisions of a special regulation. 12)
(2) Licence agreement shall have legal effects vis-à-vis third parties from the day of entry
into the Register. This shall not apply vis-à-vis persons who knew about signing of licence
10) Article 151(a) to (j) and Article 552 of the Civil Code.
11) Article 151(k) to (m) of the Civil Code.
12) Articles 508 to 515 of the Commercial Code.
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agreement or should have known according to circumstances. The Office shall be obliged to
enter the licence into the Register no later than within six months from delivery of a licence
agreement to the Office or within this time limit to communicate a decision specifying
reasons on basis of which it shall not be possible to enter the licence into the Register.
(3) Granted licence shall be considered non-exclusive, unless a licence agreement
stipulates otherwise.
(4) Assignment or transfer of right of a contractual licence holder shall be possible
exclusively as part of assignment or transfer of a company or its part, within which an
invention is being exploited pursuant to a contractual licence, unless a licence agreement
stipulates otherwise.
Licence offer
Article 25
(1) If a patent applicant or a patent owner (hereinafter referred to as “licensor“) shall
file a written statement with the Office that he shall grant right to utilise an invention to any
person subject to appropriate compensation (hereinafter referred to as “licence offer“), the
Office shall enter a licence offer into the Register.
(2) Licence offer may be withdrawn until a written statement about acceptance of a
licence offer is delivered to the licensor.
(3) If a licence offer is not withdrawn by a licensor, entry of an exclusive licence into the
Register shall not be allowed.
(4) Statement on a licence offer shall not be admitted if an exclusive licence has been
entered into the Register.
(5) If a new patent owner or a patent applicant delivers a written request on
maintenance of a licence offer to the Office within a time limit of 30 days from the day of
validity of a decision on forfeiture of protection and transfer it shall apply on the day of entry
of a decision on forfeiture of a patent protection and transfer pursuant to Article 48 into the
Register, that a licence offer has been withdrawn.
Article 26
(1) Person, who accepts a licence offer and communicates it to a licensor and at the
same time to the Office in writing, shall obtain right to exploit an invention.
(2) A licence obtained pursuant to paragraph 1 shall be considered contractual, non-
exclusive, concluded for indefinite time and valid within the territory of the Slovak Republic.
(3) If no agreement on compensation for granted licence has been concluded among
parties to licence agreement, notwithstanding negotiations relating thereto, amount of an
adequate compensation as well as terms of payment shall be determined by a court on
proposal of one of parties to licence agreement taking into consideration importance of an
invention and usual licence prices in particular field. In case of a substantial change of
circumstances decisive for determining an adequate compensation, the court shall be
entitled on proposal of one of parties to licence agreement to change amount of a
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compensation or terms of payment originally negotiated or settled by a court, if no
agreement has been concluded among parties, notwithstanding negotiations relating
thereto.
Compulsory licence
Article 27
(1) On request the court shall be entitled to grant a compulsory licence to any person
who can prove the capability to exploit an invention, which is a subject-matter of a granted
patent, within the territory of the Slovak Republic, provided that
a) 4 years have expired since filing of an application or 3 years have expired from granting
a patent, where the time limit, which expires later, shall apply,
b) person requesting granting of a compulsory licence has offered before filing a request to
a patent owner a proper conclusion of a licence agreement, whilst this offer was not
accepted by a patent owner within three months from its filing, and
c) invention has not been exploited within the territory of the Slovak Republic without an
appropriate reason by a patent owner, or it has been exploited insufficiently, while a
subject-matter of a patented invention as a product has not been supplied to the
market of the Slovak Republic in a sufficient quantity. Non-existence of an appropriate
reason shall be presupposed, unless proved otherwise.
(2) Compulsory licence may be granted only as a non-exclusive licence, whilst its
duration and scope shall be limited to purpose for which it has been granted provided that
domestic market needs shall be satisfied preferentially.
(3) If a subject-matter of a patent is a technology of semiconductor products,
compulsory licence may be granted only for public non-commercial exploitation or to
prevent a patent owner from further action, which pursuant to a decision of a competent
body can be considered as an action abusing or restricting economic competition 13)
or in
case of serious public interest menace.
(4) Notwithstanding paragraph 1(a) and (b) compulsory licence may be granted in case
of serious public interest menace.
(5) Notwithstanding presuppositions pursuant to paragraph 1 and conditions pursuant
to paragraph 2, a court shall be entitled to grant a compulsory non-exclusive licence for
utilisation of a biotechnological invention on request, if a cultivator shall not be able to
exploit or acquire right to a plant variety without infringing earlier right to a patent, if the
plaintiff proves that
a) before filing a request he has offered to a patent owner a proper conclusion of a licence
agreement, whilst this offer was not been accepted by a patent owner within three
months from its filing , and
13) Act No 136/2001 Coll. on Protection of Economy Competition and on Amendment of the Act of the National
Council of the Slovak Republic No 347/1990 Coll. on Organisation of Ministries and Other Central State
Administration Authorities of the Slovak Republic as amended.
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b) plant variety represents an important technical progress of a considerable economic
importance comparable with an invention which is a subject-matter of a request for
granting a compulsory licence.
(6) In case of granting a compulsory licence pursuant to paragraph 5, a patent owner
shall have right for granting a cross compulsory licence for utilisation of a plant variety
pursuant to a special regulation 2)
.
(7) If a patent owner has granted a compulsory licence for utilisation of a plant variety
pursuant to a special regulation 13b)
, an owner of a cultivator certificate shall have right for
granting a cross compulsory licence for utilisation of a biotechnological invention.
(8) Assignment or transfer of right of a compulsory licence holder shall be possible
exclusively as a part of an assignment or transfer of a company or of its part , within which
an invention is being used on a basis of a compulsory licence.
(9) A holder of a compulsory licence shall be entitled to waive rights from a compulsory
licence by a written notice delivered to the Office. Waiver of right shall come into effect
from the day of delivery of a notice to the Office or on a later day which is stated in a notice
as a day from which a compulsory licence rights holder waives his rights.
Article 28
(1) By granting a compulsory licence, right of a patent owner to adequate compensation
shall remain unaffected; Article 26(3) shall apply mutatis mutandis to purposes of
determining compensation for exploitation of an invention, which is a subject-matter of a
compulsory licence.
(2) In case of substantial change of circumstances, which led to granting a compulsory
licence, the court shall be entitled on a request of one of parties to licence relation to cancel
a decision on granting a compulsory licence, provided that re-occurrence of reasons for
granting a compulsory licence is improbable or compulsory licence rights have not been used
during one year.
(3) The Office shall enter valid decision on granting and cancelling compulsory licence
into the Register.
Article 29
Validity of a patent
The term of validity of a patent shall be 20 years from the filing a patent application (Article
35).
13b) Article 10 of the Act No 132/1989 Coll., as amended
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Article 30
Abandonment of a patent
(1) Patent owner shall be entitled to abandon a patent by a written notice delivered to
the Office. Partial abandonment of a patent shall not be admissible.
(2) If a patent co-owner waives his proportionate ownership, it shall be transferred to
the rest of co-owners in a rate appropriate to their proportionate co-ownerships.
(3) Abandonment of a patent shall come into effect on the day of delivery of a notice
pursuant to paragraph 1 to the Office, or on a later day, which is stated in a notice as a day
on which an owner shall abandon a patent.
(4) Abandonment of patent affecting third party rights, which are entered into the
Register, shall come into effect only after submission of a written consent of a party whose
rights and justified interests may be affected by lapse of a patent. The same shall apply in a
case of existence of a litigation entered into the Register subject-matter of which is right to a
solution up to the expiration of six months from the day of validity of a court decision.
Article 31
Lapse of the patent
(1) Patent shall lapse:
a) by expiry of its term,
b) by expiry of a time limit for payment of fees for maintenance of validity of a patent
(hereinafter referred to as “maintenance fees“) under special regulation 13a)
c) from the day of effectiveness of abandonment of a patent pursuant to Article 30(3).
(2) From the day of delivery of a request for entry of litigation on right to a patent into
the Register (Article 50(4)), running of a time limit for payment of maintenance fees shall be
interrupted to expiry of a time limit of six months from the validity day of a court decision.
(3) Cancelled from January 1, 2008.
(4) Cancelled form January 1, 2008.
Article 32
Infringement of rights
(1) In case of infringement of rights protected by this Act or jeopardising of these rights,
a person, whose rights have been infringed or jeopardised, shall be entitled to claim
prohibition of infringement or jeopardising of right and to eliminate consequences of
infringement.
13a) Act No 495/2008 Coll. on Maintenance fees for a patent, for an European patent with the designation of the
Slovak Republic, for a supplementary protection certificate for medicinal products and for a plant protection
products.
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(2) If damage has been caused by infringement of rights pursuant to paragraph 1, the
aggrieved party shall have right to compensation of actual damage including profit lost. If a
non-pecuniary injury has been caused by infringement of rights pursuant to paragraph 1 or
by jeopardising of these rights, the aggrieved party shall have right to adequate satisfaction,
which can be in form of pecuniary compensation 13aa)
.
(3) Also an aggrieved party, whose pecuniary or non-pecuniary injury has been caused
directly by performing a preliminary injunction imposed by a court on proposal filed without
adequate reason, shall also have right to compensation of actual damage as well as right to
satisfaction pursuant to paragraph 2.
Article 32a
Right to information
(1) A patent holder may request in case of infringement or jeopardising of his rights
protected by this Act that a person infringing or jeopardising his rights provided him
information related to the origin of a product infringing rights pursuant to this Act and to
circumstances of its placing on the market.
(2) Information pursuant to paragraph 1 shall contain particularly
a) name and surname or business name or name and place of permanent residence or
place of business, or place of business of a producer, processer, storekeeper, distributor,
provider, dealer and other previous holders of a product;
b) indications on produced, processed, provided or ordered quantity and price of relevant
products.
(3) To provide information pursuant to paragraphs 1 and 2 shall be obliged also a person
who
a) has in possession products infringing rights pursuant to this Act;
b) exploits services infringing rights pursuant to this Act;
c) provides services exploited in activities related to infringement of rights pursuant to
this Act; or
d) was indicated by a person mentioned in sub-paragraphs a) to c) as a person
participating in a production, processing or distribution of products or providing
services infringing rights pursuant to this Act.
Disputes hearing
Article 33
(1) Disputes about rights pursuant to this Act shall be heard and ruled by courts, unless
this Act states otherwise.
(2) The court shall order on request that products, materials or instruments by means of
which right is directly infringed or jeopardised, were
13aa) Civil Code
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a) recalled from the channels of commerce;
b) definitively removed from the channels of commerce;
c) prevented form further infringement or jeopardising the rights;
d) destroyed in a suitable manner.
(3) Provisions pursuant to paragraph 2 shall be executed at expenses of a person
infringing or jeopardising rights protected by this Act, unless special circumstances give
reason for other process.
(4) Request pursuant to paragraph 2(d) in the part related to process of destruction of
objects shall not be binding for the court.
(5) The court shall not confer right to provide information pursuant to Article 32a, if
seriousness of jeopardising or infringement of right were inadequate to seriousness of
consequences resulting from fulfilment of obligation imposed in such way.
Article 34
(1) In protection of rights pursuant to this Act, a court shall be entitled by a preliminary
injunction 14)
to impose same obligations as in the decision on the merit if any delay could
cause to entitled person a hardly reclaimable pecuniary or non-pecuniary injury.
(2) Within a decision on the preliminary injunction the court may, also ex officio, impose
to a plaintiff an obligation to deposit of an adequate amount or to implicate that a decision
comes into force by execution of an imposed obligation. The court shall take into account,
within its deciding on the amount of a warranty deposit, the seriousness of a pecuniary or
non-pecuniary injury, which can occur to the adverse party, as well as assets of the plaintiff,
therewith that imposing an obligation to pay a deposit shall not be a substantial impediment
of efficient application of right.
(3) The court may on request to decide on giving a warranty deposit over to the adverse
party as a compensation of pecuniary or non-pecuniary injury in finance caused directly by
execution of preliminary injunction issued without an adequate reason.
(4) If within the period of six months from detection of injury occurrence pursuant to
paragraph 3, compensation or satisfaction is not applied at the court or an agreement on
using the warranty deposit between parties is not concluded, the court shall refund the
warranty deposit.
14) Articles 74 to 77 and Article 102 of The Rules of Civil Procedure.
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PART THREE
PROCEEDINGS BEFORE THE OFFICE
Article 35
Filing date of patent application
(1) Proceedings on application shall start by filing an application with the Office.
(2) Unless stated otherwise below, filing date of an application shall be a day of delivery
or amendment of filing containing at least
a) data indicating an apparent intention of an applicant to file an application,
b) data enabling identification of an applicant and contact with an applicant,
c) part of appearing as a description.
(3) Obligation of an applicant pursuant to Article 79(8) shall not apply for purposes of
determination of filing date of an application in relation to data pursuant to paragraph 2(c).
(4) If the Office ascertains that an application fails to meet requirements pursuant to
paragraph 2(c) or is not complete, the Office shall invite an applicant to amend an
application.
(5) In case pursuant to paragraph 4 day of amendment of missing part of filing shall be
considered as filing date of an application.
(6) Determination of filing date of an application pursuant to paragraph 5 shall not apply
if an applicant withdraws his filing in the part amended in after amendment of filing for
reason of incompleteness pursuant to paragraph 4.
Article 35a
(1) An applicant shall be entitled to substitute a part of filing pursuant to Article 35(2)(c)
with a reference to earlier application if he applied priority right pursuant to Article 36(2) in
the application.
(2) Reference to an earlier application pursuant to paragraph 1 shall contain
a) an explicit manifestation of will of an applicant that a part of filing pursuant to Article
35(2)(c) shall be substituted by a reference to an earlier application,
b) filing number of an earlier application,
c) filing date of an earlier application,
d) a state where an earlier application has been filed, eventually an authority with which an
earlier application has been filed.
(3) An applicant shall be obliged to submit on invitation of the Office within two months
a copy of an earlier application; if an earlier application is not in an official language, an
applicant shall be obliged to submit on invitation of the Office within two months also a
translation into the official language.
(4) If a reference to an earlier application pursuant to paragraph 1 fails to contain
requirements pursuant to paragraph 2 or an applicant fails to comply with an invitation of
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the Office pursuant to paragraph 3, an application shall be deemed not to have been filed. If
an application is deemed not to have been filed, the Office shall inform an applicant about
this fact.
Article 36
Priority right
(1) Priority right for an applicant shall be established
a) on filing date of an application or
b) on priority date in accordance with an international convention 6)
following from the first
application, utility model application or author’s certificate or utility certificate.
(2) Priority right, which follows from an international convention 6)
, shall be claimed by
an applicant in an application.
(3) Priority right pursuant to paragraph 2 may be claimed if the first application is filed
in a state or in relation to a State which is a contracting party to an international
convention 6)
or which is a member state of the World Trade Organisation 7)
. Otherwise this
right may be claimed only under the condition of reciprocity.
(4) If an applicant who has filed an application within a time limit of 12 months from the
date of rise of priority right, fails to claim priority right pursuant to paragraph 2, the Office
shall grant priority right on basis of a request for subsequent granting of priority right filed
within 16 months from the date of rise of priority right, but no later than
a) within a time limit of four months from the filing date of an application,
b) on the day of filing a request for an earlier publication of an application (Article 41(2)).
(5) If an applicant files an application after expiry of 12 months from the day of rise of
priority right despite of reasonable care required by circumstances, the Office shall grant
priority right on basis of a request for subsequent granting of priority right, provided that
a) an application as well as a request for subsequent granting of priority right have been
filed within the time limit of 14 months from the date of rise of priority right,
b) an applicant shall adequately substantiate in his request delayed filing an application
and particularly state facts preventing him from filing an application in due time, .
(6) The Office may invite an applicant to prove claimed priority right by a priority right
document (hereinafter referred to as “priority document“) within a time limit specified by
the Office, but not earlier than 16 months from the day of rise priority right.
(7) If an applicant fails to prove priority right properly and in due time pursuant to
paragraph 6, the Office shall grant priority right on basis of a reasoned request for
subsequent recognition of a priority document, provided that
a) request for issue of a priority document has been filed with a competent authority at
the latest within one month from the day of delivery of request to the Office pursuant
to paragraph 6 ,
b) request for subsequent recognition of priority document together with a priority
document has been filed within one month from the day of delivery of a priority
document to an applicant.
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(8) If examination of patentability of an invention depends on granting priority right, the
Office may invite an applicant to submit a translation of a priority document into the Slovak
language or into one of official languages of the European Patent Office in accordance with a
choice of an applicant.
(9) In case of reasonable doubts about veracity of reasoning pursuant to paragraphs 5
and 7, the Office may invite an applicant to prove his statements.
(10) An applicant shall be obliged to pay an administrative fee (Article 79(9)) for request
pursuant to paragraphs 4, 5, and 7.
(11) Claiming and proving priority right which fails to meet conditions pursuant to this
provision and pursuant to generally binding regulation, shall not be taken into consideration
by the Office in proceedings. The Office shall notify an applicant on this fact.
(12) The Office shall issue a priority document certifying priority right following from
application, international application or European patent application filed with the Office on
request of an applicant or a patent owner after payment of administrative fee (Article 79(8)).
Article 36a
(1) If an applicant, before filing an application, has filed a utility model application with
identical subject-matter in the Slovak Republic, he may request, with filing an application,
granting a date of filing or also priority right from this utility model application. The Office
shall grant a date of filing to an application or also priority right from this utility model
application, if an application is filed within a time limit of 36 months form filing a utility
model application; if proceedings on utility model application have been suspended or a
utility model application has been refused, an application shall be filed within a time limit of
2 months form delivery of this decision, at latest within 36 months from filing a utility model
application.
(2) An applicant claiming priority right pursuant to paragraph 1 shall be obliged within a
time limit of 3 months from filing an application to submit original of a utility model
application, date of filing or priority right of which he has been claiming, otherwise it shall
not be taken into consideration.
Article 37
Application
(1) A patent application may be filed by a person or persons who have right to a solution
pursuant to Article 10(1) and (3), Article 11(1) or Article 12(1).
(2) If right to a solution belongs to several persons, an application may be filed by one or
some of these persons in his name or their names. On basis of a request supported by a
written agreement concluded between an applicant or applicants and a person, who has
right to file an application pursuant to paragraph 1, the Office shall enter such person into
the Register as a co-applicant.
(3) Application may contain only one invention or a group of inventions, which are
mutually related in such a manner, that they create a single inventive concept.
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(4) An invention shall be described and explained in an application clearly and
completely so that it can be carried out by a person skilled in the art.
(5) Application shall contain:
a) request for granting a patent,
b) description of an invention, abstract and drawings, if any,
c) at least one applied patent claim ,
d) identification data of an applicant or co-applicant,
e) identification data of an inventor or co-inventors,
f) document on acquiring right to a patent, if an applicant is not an inventor.
(6) An applicant shall be obliged to pay an administrative fee for filing an application
(Article 79(8)).
Article 38
Special provision on application of biotechnological invention
(1) If a subject-matter of an invention is biological material or utilisation of biological
material, which is not available to public and which cannot be described in an application in
a manner that it can be carried out by a person skilled in the art, description shall be deemed
sufficient only provided that
a) biological material has been deposited in a recognised depository institution no later
than by the filing date of an application,
b) application as filed contains information on characteristics of deposited biological
material, which has been available to an applicant,
c) application states name and seat of a recognised depository institution, as well as a
deposit number of deposited sample.
(2) Deposited biological material shall be available by providing a sample on request
from the publication day of an application up to granting a patent. An applicant shall be
entitled on request filed with the Office before publication of an application to limit an
access to deposited biological material only for independent experts.
(3) After granting a patent irrespective of its cancellation or lapse, deposited biological
material shall be available by providing a sample on request
(4) Deposited sample may be provided only if a requesting person or independent
expert pursuant to paragraph 2, second sentence, shall bound himself that during the term
of a patent
a) he shall provide neither sample nor material derived from it to third party,
b) he shall utilise sample and material derived from it only for experimental purposes,
unless an applicant or a patent owner explicitly repeals this obligation for him.
(5) Applicant shall be entitled on request filed with the Office before publication of an
application to limit an access to deposited biological material for time limit of 20 years from
the day of filing an application only for independent experts for case that an application
would be refused or proceedings on application would be suspended; paragraph 4 shall
apply mutatis mutandis.
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(6) In case of doubts about accessibility of biological material to public or about
sufficiency of description pursuant to paragraph 1, the condition of accessibility or
sufficiency of description shall be considered not to be met until proved otherwise.
(7) If a sequence or partial sequence of a gene is a subject-matter of an application,
industrial applicability of an invention must be explained in the application.
(8) The recognised depository institution is the institution for the deposition of
biological material, which acquired a status pursuant to the international convention 15)
or it
was recognised by the Office.
(9) Conditions pursuant to the international convention 15)
shall apply to re-deposit of a
biological material in the recognised depository institution.
Article 39
Interruption of application proceedings
(1) The Office shall interrupt application proceedings after the court litigation for right
to a solution has started.
(2) Time limits pursuant to this Act, with exception of a time limit pursuant to Article
41(1), shall be stopped. During the interruption of the proceedings the running, the
(3) When a decision, by which a proposal for forfeiture of application rights and transfer
of them (Article 48(3)) has been satisfied, comes into effect, the Office shall continue in
proceedings interrupted pursuant to paragraph 1.
Preliminary examination of application
Article 40
(1) Within preliminary examination the Office shall ascertain whether
a) conditions to determine filing date of an application pursuant to Article 35 have been
met,
b) conditions to confer priority right pursuant to Article 36 have been met,
c) application meets conditions pursuant to Articles 37, 38 and 59,
d) application meets conditions pursuant to a generally binding regulation (Article 80),
e) applicant has paid an appropriate administrative fee pursuant to Article 79(9),
f) applicant is being represented by an authorised representative pursuant to Article 79(1),
g) application does not contain a subject-matter which clearly fails to meet conditions
pursuant to Article 5(1) or is not being considered to be an invention pursuant to Article
5(3), or which is a subject to exclusion from patentability pursuant to Article 6.
15 Decree of the Minister of Foreign Affairs No 22/1989 Coll. on Budapest Agreement on International
Recognition of Micro organism Deposit for Purposes of Patent Proceeding and its implementing regulation.
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(2) In case of doubts the Office may invite an applicant to prove utility of a subject-
matter of an application by its demonstrating or in another suitable manner. If an applicant
fails to prove utility or fails to comply with an invitation, subject-matter of an application
shall be deemed not to be utilisable.
(3) In case that irregularities have been ascertained pursuant to paragraph 1(e) and (f)
or Article 35(2), or Article 37(3) and (5), or Article 799), or pursuant to implementing
regulation (Article (80)), the Office shall invite an applicant to correct these irregularities
within the prescribed time limit or to respond to the invitation. If an applicant fails to comply
with the invitation within the prescribed time limit or his response fails to rebut validity of
the invitation, the Office shall suspend application proceedings. An applicant shall be
notified in an invitation about this consequence.
(4) If an application fails to meet conditions pursuant to Article 37(1) and (4) or Article
38(1) to (3) or a subject-matter of an application evidently fails to meet conditions pursuant
to Article 5(1), or it is not being considered to be an invention pursuant to Article 5(3), or is
subject to exclusion from patentability pursuant to Article 6, or an assumption pursuant to
paragraph 2 applies, the Office shall refuse an application. Before an application is refused,
the Office shall enable an applicant to respond to ascertained reasons for refusal of an
application.
(5) If conditions for claiming priority right pursuant to Article 36(2) to (9) and pursuant
to generally binding regulation (Article 80) have not been met, the Office shall grant to an
applicant priority right pursuant to Article 36(1)(a).
Article 41
(1) The Office shall publish an application after expiry of 18 months from rise of priority
right without delay and shall communicate this publication in the Journal.
(2) An application may be published before expiry of the time limit prescribed in
paragraph 1, if an applicant requests it no later than within 12 months from rise of priority
right and if he pays administrative fee (Article 79(9)). The Office shall publish an application
before expiry of the time limit prescribed in paragraph 1, if a patent has already been
granted for an invention; the Office shall not publish an application before expiry of 12
months from rise of priority right without consent of an applicant.
(3) The Office may publish, together with an application, a search report on a state of
the art related to an invention applied in an application.
Article 42
(1) Any person may file oppositions on patentability of a subject-matter of an
application with the Office after publication of an application; the Office shall take them into
consideration during substantive examination of an application.
(2) Persons who have filed oppositions pursuant to paragraph 1 shall not become
parties to application proceedings. However, an applicant shall be notified about oppositions
and shall have right to respond to them.
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Substantive examination of an application
Article 43
(1) On request of an applicant, third party or ex officio, the Office shall conduct without
delay substantive examination of an application, in which it shall ascertain whether an
application meets conditions for granting a patent prescribed by this Act.
(2) Request for conducting substantive examination has to be filed no later than within
36 months from filing an application (Article 35) and it cannot be withdrawn. Requesting
person shall be obliged to pay administrative fee (Article 79(9))together with a request.
(3) If a request for conducting substantive examination has not been filed properly
within the time limit prescribed in paragraph 2, or if within the same time limit the Office
failed to start substantive examination of an application ex officio, the Office shall suspend
application proceedings.
(4) The Office shall notify an applicant without delay about starting of substantive
examination on request of a third party or ex officio.
Article 44
(1) If conditions stipulated for granting patent are not met (Articles 5, 7, 8 and 9), the
Office shall refuse an application. Before an application is refused, the Office shall enable an
applicant to respond to ascertained reasons on basis of which an application shall be
refused.
(2) If the Office additionally ascertains irregularities in an application or failure to meet
conditions, which are subject-matter of preliminary examination of an application, it shall
proceed according to Article 40(2) to (5).
(3) If several applications with an identical subject-matter have been filed, only one
patent shall be granted to one applicant. .
(4) If a subject-matter of an application meets stipulated conditions and an applicants
pays an appropriate administrative fee (Article 79(9)), the Office shall grant a patent to an
applicant and an applicant shall become an owner of a patent. The Office shall issue a patent
document to an owner and granting of a patent shall be published in the Journal.
(5) Owner of a patent shall be obliged to pay an maintenance fee under special
regulation 13a).
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Article 45
Amendment and division of application
(1) The applicant shall be entitled to amend an application in the course of proceedings
on application; amendments and changes shall not exceed the scope of an application as
filed.
(2) An applicant shall be entitled to divide an application up to time of granting a patent
pursuant to Article 44(4). The Office shall confer the filing date and eventually priority right
from the application as filed to divisional applications if they shall not exceed its scope.
(3) If an application had been divided after substantive examination started pursuant to
Article 43, divisional application shall be considered as an application in which a request for
substantive examination was filed.
Revocation and partial revocation of a patent
Article 46
(1) The Office shall revoke a patent if during proceedings started on third party request
or ex officio it is proved that
a) requirements for its granting pursuant to Articles 5 to 9 have not been met,
b) invention has not been disclosed and described in a patent so clearly and fully so that it
could be carried out by a person skilled in the art,
c) subject-matter of a patent exceeds content of an application as filed. This shall also
apply in case if subject-matter of a patent granted on basis of a divisional application
exceeds contents of an application as filed,
d) scope of protection following from patent was exceeded,
e) owner shall not be entitled to a solution pursuant to Article 10(1) and (3), Article 11(1)
or Article 12(1).
f) requirements for its granting pursuant to regulations valid in time of its granting have
not been met.
(2) If reasons for revocation are concerning a patent partially, a patent shall be revoked
only to extent adequate to ascertained reasons, by amendment of patent claims, description
or drawings.
(3) If a patent has been revoked, it shall apply that it has never been granted within the
scope affected by revocation.
(4) The Office shall be entitled to revoke a patent also after its lapse, if a requesting
person proves his legal interest.
(5) The Office shall be entitled to revoke a patent partially pursuant to paragraph 2 and
also on request of its owner notwithstanding existence of grounds pursuant to paragraph 1.
(6) The Office shall notify a decision on revocation or partial revocation of a patent in
the Journal.
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(7) Requesting person shall be obliged to pay an administrative fee (Article 79(9)) with
filing a request pursuant to paragraphs 1 and 5.
Article 47
(1) If a request for revocation or partial revocation of a patent (hereinafter referred to
as “revocation request”) fails to contain requirements stipulated by a generally binding
regulation (Article 80) or if a person requesting revocation is not being represented by an
authorised representative pursuant to Article 79(1) or if an administrative fee has not been
paid (Article 79(9)), the Office shall invite a requesting person to correct ascertained
irregularities within a prescribed time limit. If a requesting person fails to comply with an
invitation within a prescribed time limit, the Office shall suspend proceedings on revocation
request. Requesting person shall be notified about this consequence in an invitation.
(2) If proceedings have not been suspended pursuant to paragraph 1, the Office shall
deliver revocation request to a patent owner and shall invite him at the same time to
respond to request within a prescribed time limit and also to indicate proofs and supplement
documents.
(3) If a patent owner fails to respond within the time limit specified in an invitation, the
Office shall continue in proceedings and shall be entitled to make a decision on basis of
contents of a file.
(4) The Office shall proceed pursuant to paragraph 3 also in the case if a patent owner is
not being represented by an authorised representative pursuant to Article 79(1). If an owner
fails to comply with an invitation to submit an authorisation within a prescribed time limit,
he shall be deemed not to have responded to a revocation request.
(5) If it is impossible to decide on a basis of written filings of parties, the Office shall
determine a date for oral proceedings. The Office shall at the same time deliver to a
requesting person a statement of an owner to his request.
(6) The Office may continue in proceedings and decide on the merit also in case if a duly
summoned party fails to participate in the oral proceedings.
(7) Extension or supplementing a revocation request, as well as extension or
supplementing a statement of a patent owner in proceedings pursuant to Article 46(1) shall
be inadmissible; such extension or supplementing shall not be taken into consideration by
the Office within proceedings and deciding.
(8) At the time of proceedings on patent revocation pursuant to Article 46(1),
proceedings on a request of an owner pursuant to Article 46(5) shall be interrupted.
Article 48
Forfeiture of patent and transfer
(1) The Office shall, on request, forfeit a patent from a patent owner entered into the
Register and a requesting person shall be entered as a patent owner if
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a) it has been determined by a valid decision of a court that a person originally entered as
an owner was not entitled to a right to a solution pursuant to Article 10(1) and (3),
Article 11(1) or Article 12(1),
b) request has been filed by a person who, according to a valid decision of a court, has
right to a solution, or by his legal successor in title,
c) request has been delivered within three months from the day of validity of a court
decision.
(2) Provided that requirement pursuant to paragraph 1(a) has been met, if a request
pursuant to paragraph 1 has not been filed or it has not been filed by an authorised person
or within the prescribed time limit, the Office shall revoke a patent ex officio due to a reason
pursuant to Article 46(1)(e).
(3) Paragraph 1 shall apply mutatis mutandis to forfeiture of rights from an application
and their transfer to an entitled person. If rights from an application have not been
transferred due to reasons pursuant to paragraph 2, the Office shall refuse an application
pursuant to Article 40(4).
(4) Article 47(1) to (6) shall apply mutatis mutandis to proceedings pursuant to
paragraphs 1 to 3.
(5) Together with filing a request pursuant to paragraphs 1 and 3 a requesting person
shall be obliged to pay an administrative fee (Article 79(9)).
Article 49
Determination proceedings
(1) The Office shall determine on request whether a subject-matter stated and
described in a request falls within the scope of protection of a certain patent (hereinafter
referred to as “determination request ”).
(2) On basis of an explicit proposal of a proposing person, also a person, whose rights
and obligations may be affected by a decision on determination, shall be party to
proceedings pursuant to paragraph 1.
(3) In case that a determination request has been filed in relation with pending court
proceedings subject-matter of which is right protected by this Act, all parties to court
proceedings, whose rights and obligations may be affected by determination proceedings
and deciding on determination, shall be parties to determination proceedings.
(4) Provision of Article 47(1), (5) the first sentence and paragraph 6 shall apply mutatis
mutandis to proceedings to which a proposing person shall be an exclusive party, otherwise
for determination proceedings provisions of Article 47(1) to (6) shall apply mutatis mutandis.
(5) Proposing person shall be obliged to pay an administrative fee pursuant to Article
79(9) together with determination request.
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Article 50
Entry of licence, right of lien, assignment or transfer
of a patent and court litigation into the Register
(1) Article 47(1) shall apply mutatis mutandis to proceedings on request for entry of
licence, right of lien, assignment or transfer of a patent (hereinafter referred to as “request
for entry of right”) and court litigation into the Register.
(2) In case of doubts the Office may ask for submission of a certified copy or of an
original of a patent document proving acquisition of right or other supplementary data.
(3) Provisions of paragraphs 1 and 2 shall not apply to compulsory licence, which shall
be entered into the Register by the Office ex officio after delivery of a valid court decision on
its granting.
(4) On request of a party to court proceedings, subject-matter of which is right
protected by this Act, supplied with a copy of filing with a court certified by a court, the
Office shall enter into the Register the fact that court proceedings are pending as well as a
subject-matter of proceedings, with effect from the day of delivery of a request to the
Office.
(5) An applicant shall be obliged to pay administrative fee (Article 79(9) together with a
request pursuant to paragraphs 1 and 4.
Article 51
Further processing
(1) On request of a party to proceedings on extension of the time limit for performing
an act set by the Office, filed before the expiry of such time limit, the Office shall be entitled
to extend the time limit.
(2) If a party to proceedings before the Office has failed to comply with the time limit
for performing an act set by the Office, he shall be entitled to ask the Office for further
processing and at the same time to perform the omitted act no later than two months from
delivery of the official decision issued as a consequence of failure to comply with the time
limit.
(3) An applicant shall be obliged to pay an administrative fee (Article 79(9)) together
with filing a request pursuant to paragraphs 1 or 2.
(4) A request pursuant to paragraph 2 shall be refused in case of a time limit pursuant to
Article 47 (1) and (2).
(5) The Office shall refuse a request for extension of a time limit or for further shall be
refused pursuant to paragraph 4 ; before decision on refusing request the Office shall enable
a requesting person to respond to ascertained reasons on basis of which the request shall be
refused.
(6) If the Office accords a request for further processing legal effects of a decision issued
as a consequence of failure to comply with a time limit shall cease or shall not occur.
Consolidated version29
(7) If the Office fails to decide about refusing a request pursuant to paragraph 1 within
two months from its delivery and administrative fee has been paid duly and in time pursuant
to paragraph 3, the request shall be deemed to be satisfied.
Article 52
Restitutio in integrum
(1) If a party to proceedings before the Office that, in spite of all due care required by
the circumstances having been taken, was unable to comply with the time limit where the
consequence of failure to perform this act is proceedings termination or forfeiture of other
right, it is entitled to request the Office for restitutio in integrum and at the same time to
carry out the omitted act within two months from removal of the obstacle to compliance
with the time limit and not later then within twelve months immediately following the expiry
of the unobserved time limit.
(2) Requesting person shall be obliged to pay an administrative fee (Article 79(9))
together with filing a request pursuant to paragraph 1.
(3) Party to proceedings shall be obliged to state the facts preventing to carry out the
act and the date of the removal the obstacles causing the failure to carry out the act in the
request for restitutio in integrum within the time limits lay down in paragraph 1. The Office
shall not take into consideration statements submitted after expiry of the time limits
pursuant to paragraph 1 in decision about request.
(4) In case of doubts about veracity of a statement pursuant to paragraph 3, the Office
is entitled to request the party to proceedings to prove its statements.
(5) Request for restitutio in integrum shall not be satisfied in case of failure to comply
with time limits for
a) filing a request for further processing pursuant to Article 51(2) and request for restitutio
in integrum pursuant to paragraph 1,
b) additional conferring and proving priority right pursuant to Article 36 (4), (5) and (7),
c) filing a remedy in proceedings before the Office pursuant to Article 55(1),
d) performing acts pursuant to Article 47(1) and (2).
(6) The Office shall refuse request for restitutio in integrum which fails to comply with
conditions pursuant to paragraphs 1 and 3, or which is not possible to be satisfied pursuant
to paragraph 5, or requesting person fails to prove his statements pursuant to paragraph 4;
before the request is refused the Office shall enable requesting person to respond to
ascertained reasons on basis of which request is to be refused.
(7) If the Office satisfies request for restitutio in integrum, legal effects of decision
issued as a consequence of failure to comply with the time limit shall cease or shall not arise.
(8) Third party that has exploited an invention, which was a subject-matter of an
application or a patent or has made provable preparations immediately aiming to utilisation
of such invention within the territory of the Slovak Republic in a good faith from validity of a
decision issued as a consequence of failure to comply with the time limit until the lapse of
legal effects of this decision pursuant to paragraph 7, shall be entitled to exploit an invention
Consolidated version30
within his business activity without an obligation for remuneration for exploitation of an
invention.
(9) Assignment or transfer of right of an entitled user pursuant to paragraph 8 shall be
possible exclusively as a part of assignment or transfer of a company or its part, within which
an invention is being used.
Article 53
Grounds for decision
(1) Party to administrative proceedings before the Office (hereinafter referred to as
“party”) shall be obliged to submit or propose evidence in support his statements.
(2) The Office shall exercise evidence and evaluate evidence at its discretion, namely
each evidence separately and all evidences in their mutual relations.
(3) The Office shall decide on basis of facts ascertained from exercised evidence
submitted or proposed by parties.
Article 54
Costs of proceedings
(1) Costs of proceedings shall be particularly cash expenses of parties and their
representatives, including administrative fee, loss of earnings of parties, costs of evidence
and remuneration for representing by a patent representative, 16)
attorney, 17)
or commercial
lawyer. 18)
(2) Each party shall bear costs of proceedings which have incurred to him personally and
to his representative.
(3) Witnesses shall be entitled to reimbursement of cash expenses and loss of earnings.
This right shall cease if it is not claimed within three days from hearing or from the day on
which the witness was notified about cancellation of hearing.
(4) If an expert’s report has been submitted, an expert shall be entitled to a
reimbursement of cash expenses and remuneration pursuant to special regulations. 19)
(5) Person who has been imposed an obligation to submit a document or to enable
inspection of an object by the Office during proceedings on evidence, , shall have same
rights as a witness, if he is not a party to proceedings.
16) Decree of Federal Office for Inventions No 350/1991 Coll. on Remuneration of Patent Attorneys.
17) Decree of the Ministry of Justice of the Slovak Republic No 240/1990 Coll. on Remuneration of Attorneys for
Providing Legal Advice as amended. 18)
Decree of the Ministry of Justice of the Slovak Republic No 180/1991 Coll. on Remuneration of Commercial
Lawyers for Providing Legal Advice as amended. 19)
Act No 36/1967 Coll. on Experts and Interpreters as amended by Act No 238/2000 Coll.; Decree of the
Ministry of Justice of the Slovak Republic No 263/1996 Coll. which implements the Act No. 36/1967 on
Experts and Interpreters as amended by 294/2000 Coll.
Consolidated version31
(6) The Office may order a party to deposit advance payment for costs of evidence
proposed by him, in amount of assumed costs, if ordering of such duty does not represent a
substantial obstacle of effective enforcement of right.
(7) If a party fails to comply with an invitation to deposit advance payment within the
prescribed time limit, the Office shall continue in proceedings as though a proposal for
evidence has not been filed.
(8) If costs which are not covered by advance payment pursuant to paragraph 6 to the
Office, the Office shall be entitled to their compensation from party who has not been
successful in proceedings.
(9) The Office is entitled to declare the Successful party to proceedings for right to
compensation of costs incurred for effective enforcement of right against unsuccessful
party. If a party to proceedings has been successful on the merit only partially, the Office
shall share compensation of costs proportionally or shall not confer right to such
compensation of costs to any party.
(10) Party shall apply compensation of proceedings costs no later than till the day when the
decision on the merit as such is issued.
Article 55
Remedies
(1) An appeal against decision of the Office may be lodged within 30 days from delivery
of decision.
(2) The Office shall be bound by scope of an appeal in deciding on it; this shall not apply
a) for matters in which proceedings can be started ex officio,
b) for matters of joint rights or obligations concerning several parties to proceedings on
one side.
(3) Filing an appeal shall not be admissible against a decision by which
a) request for further proceedings or for restitutio in integrum has been satisfied,
b) proceedings have been suspended pursuant to Article 79(6).
(4) Deleted from January 1, 2008.
Article 56
Data accessibility
(1) Before a patent application is being published the Office shall be entitled to notify
third parties without consent of an applicant only data who is inventor, patent applicant,
name and file number of an patent application and data about priority right, unless stated
otherwise.
(2) Irrespective of paragraph 1, the Office shall on request enable a patent owner or an
applicant or a person vis- à-vis who rights from non-published application have been applied
Consolidated version32
to inspect file relating a non-published application, if a non-published application refers to a
patent or application of this patent owner or this applicant.
(3) After application is being published, the Office shall on request enable any person to
inspect file relating an application or a patent, unless stated otherwise.
(4) Right for file inspection shall include right for making photocopies on payment.
(5) On written request of an inventor stated in an application pursuant to Article 37(5)
the Office shall not make accessible his identification data to third parties, particularly with
publication of an application, notice of granting a patent, issuing a patent document, issuing
an abstract of record and with file inspection.
(6) On a written request, by proving an emergent legal interest, the Office shall be
entitled to notify requesting person whether a person indicated by him is in an application as
an inventor, or not.
(7) On a written request of an applicant or a patent owner, parts of a file containing a
trade secret or other confidential information, publication of which is not necessary for
securing right to information of third parties including parties to proceedings, shall be
excluded from file inspection.
(8) Rights pursuant to paragraphs 1 to 3 shall not be applied in relation to applications
and patents kept confidential pursuant to a special regulation, 20)
to record on voting and to
parts of a file containing supplementary notes or draft versions of decisions, assessments or
standpoints .
Article 57
Register and Official Journal
(1) The Office shall keep
a) Register in which decisive data concerning applications and granted patents are
entered,
b) European Patents Register in which decisive data concerning granted European patents
with designation for Slovak Republic are entered,
c) a Register in which decisive data concerning applications for granting supplementary
protection certificates for medicinal products or plant protection products, and granted
supplementary protection certificates for medicinal products or plant protection
products are entered.
(2) Data entered into registers pursuant to paragraph 1 shall be considered valid unless
a decision of a relevant authority states otherwise.
(3) Changes in data entered into the Register ensuing from valid and enforceable
decision of a relevant authority shall be entered without delay into the Register by the Office
after delivery of decision with a validity clause.
20) Act No 241/2001 Coll. on the Protection of Classified Information and on the amendment and
supplementing of certain acts.
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(4) Entry of data and facts ensuing from law or from decision of a relevant authority
shall not be considered a decision issued in proceedings pursuant to a special regulation. 21)
(5) Any person shall be entitled to inspect Registers stated in paragraph 1.
(6) The Office shall issue the Official Journal in which facts concerning published patent
applications, European patent applications as well as patents, European patents,
supplementary protection certificates and their protection are published.
Article 58
International application
(1) An international application 1)
may be filed with the Office by
a) natural persons who are nationals of the Slovak Republic,
b) natural persons or legal entities with residence, seat, establishment or organisational
component within the territory of the Slovak Republic,
(2) Applicant shall be obliged to pay an administrative fee (Article 79(9)) for acts relating
to filing an international application and to pay fees specified by the Patent Co-operation
Treaty 1)
through the Office.
(3) An applicant for an international application 1)
requesting granting a patent in the
Slovak Republic shall be obliged to submit this international application to the Office within
the time limit of 31 months from the priority date, to pay an administrative fee for filing an
application (Article 79(9)) and to submit its translation into the official language.
(4) If an applicant for an international application 1)
requesting granting a patent in the
Slovak Republic fails to submit this international application to the Office within the time
limit pursuant to paragraph 3, the Office shall confer priority right to the application
pursuant to Article 36(1)(a).
(5) On request of an applicant, provided that conditions pursuant to paragraph 3 have been
met, the Office may begin proceedings on international application also before expiry of
time limits laid down in paragraph 3.
Protection of confidential information
Article 59
(1) If a national applicant knows or due to circumstances should know that an
application contains confidential information pursuant to a special regulation 20)
, he shall be
obliged to request confidentiality for an application in the application.
(2) Applicant shall be obliged to file an application pursuant to paragraph 1, which is an
international application or a European patent application, with the Office.
(3) The Office after conferring a filing date (Article 35) shall deliver one version of an
application to the National Security Office 20)
(hereinafter referred to as “Security Office”)
21) Act No 71/1967 Coll. on Administrative Proceedings (Administrative Procedure Code).
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together with request for decision on confidentiality of an application pursuant to a special
regulation 20)
or with request for permission of filing an application abroad.
(4) The Office may proceed pursuant to paragraph 3 also in case when an applicant has
not requested confidentiality for an application pursuant to paragraph 1.
(5) The Security Office shall decide on request pursuant to paragraph 3 and deliver
decision to the Office. In case that an international convention, treaty or agreement, by
which the Slovak Republic is being bound, enables it, the Security Office shall supplement
decision with a request confidentiality for subject-matter of an application by contracting
party, in which an application shall be filed. The Office shall notify an applicant on decision of
the Security Office.
(6) Application pursuant to paragraph 1, which is neither a European patent application
nor an international application, may be filed by an applicant directly abroad only on basis of
permission of the Security Office pursuant to paragraph 3, issued on request of an applicant.
(7) If in a consequence application confidentiality or as a result of refusing request for
permission to file an application abroad pecuniary injury, consisting in preventing or
restricting commercial exploitation of a patent (Article 3(h)), incurs to a patent owner, he
shall be entitled to a compensation of pecuniary injury towards the Slovak Republic
represented by a state administration authority to competence of which subject-matter of a
confidential application belongs.
(8) Article 11(5) shall apply mutatis mutandis to determination of amount of pecuniary
injury pursuant to paragraph 7.
(9) Patent applications, European patent applications or international applications, for
confidentiality of which contracting party or foreign applicant request pursuant to an
international convention, treaty or agreement binding for the Slovak Republic, shall be
considered confidential pursuant to a special regulation 20)
. A foreign applicant who does not
act on behalf of contracting party shall be obliged to prove confidentiality of subject-matter
of an application by contracting party, to submit permission of contracting party for filing an
application in the Slovak Republic and to supplement a declaration on waiving any claims for
compensation of damage or other pecuniary injury which might occur as a result of
confidentiality of an application within the territory of the Slovak Republic.
(10) Provisions of this Act shall apply to proceedings on applications which are
confidential or deemed to be confidential pursuant to a special regulation 20)
, with exception
of publication (Article 41) and accessibility of data (Article 56) related to confidential
application or patent.
(11) If the Security Office does not consider facts contained in an application confidential
pursuant to a special regulation 20)
, the Office shall notify this fact to an applicant and shall
proceed on an application without confidentiality regime.
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PART FOUR
IMPLEMENTATION OF THE EUROPEAN PATENT CONVENTION
Article 60
Effects of the European patent application
(1) European patent application designated for the Slovak Republic (hereinafter referred
to as “European Patent Application”) shall have from the conferred filing date or from the
day of rise of priority right claimed by a European patent applicant same effects as a patent
application filed pursuant to Article 35 on the same day, or as an application with the same
priority right date pursuant to Article 36.
(2) After European patent application is being published by the European Patent Office
and translation of patent claims into Slovak language is being submitted subsequently and
after payment of publication fee (Article 79(9)) by an applicant of a European patent
application, the Office shall make translation of patent claims accessible to public and shall
publish this fact in the Journal.
(3) From the day of accessibility of translation of patent claims to public pursuant to
paragraph 2, an applicant of a European patent application shall have same rights as an
applicant pursuant to this Act provided that a European patent shall be granted with effects
in the Slovak Republic.
(4) If a European patent application or designation for the Slovak Republic in proceeding
before the European Patent Office have been withdrawn, or is deemed withdrawn,
application proceedings shall be deemed to have been suspended pursuant to Article 40(3).
Refusal of European patent application shall have same effects as refusal of an application
pursuant to Article 40(4).
(5) Decision of the European Patent Office on further processing or on restitutio in
integrum shall have same effects as a decision of the Office pursuant to Article 51 (6) or
Article 52(7) and (8).
Article 61
Conversion of European patent application
(1) On a request of an applicant for conversion of a European patent application to a
national application (hereinafter referred to as “conversion”) filed pursuant to Article 135 of
the European Patent Convention, the Office shall start proceedings on this application
pursuant to Part Three of this Act or shall proceed pursuant to Article 135(2) of the
European Patent Convention.
(2) Applicant shall be obliged on a basis of an invitation of the Office to submit a
translation of the European patent application into the Slovak language within 3 months and
to pay an administrative fee for filing an application (Article 79(9)).
(3) In case if a request for conversion is not being filed within three months from the
day when a European patent application was withdrawn or when a notification that an
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application is being considered withdrawn has been delivered, or a decision on refusal of an
application or on revocation of a European patent, an applicant shall abandon priority right
following from a European patent application as filed.
(4) If a request for conversion has been filed in contradiction with Articles 135 and 137
of the European Patent Convention, the Office shall refuse the request.
(5) Deleted from January 1, 2008.
Article 62
Binding wording of European patent application and European patent
(1) Contents of a European patent application modified by wording of a European
patent in a language of proceedings on a European patent application before the European
Patent Office shall be decisive for determination of the scope of protection ensuing from a
European patent application and a European patent.
(2) If a protection ensuing from translation of a patent specification into the Slovak
language submitted to the Office pursuant to Article 63(2) as well as from a translation of
patent claims submitted to the Office pursuant to Article 60(2) is narrower than from
wording of a European patent application and from European patent in a language of
proceedings before the European Patent Office , translation into the Slovak language shall be
considered binding wording, with exception of proceedings for revocation of a European
patent.
(3) Applicant of a European patent application or an owner of a European patent may
file a corrected translation of patent claims pursuant to Article 60(2) or a corrected
translation of a European patent specification pursuant to Article 63(2) into Slovak language
at any time. After corrected translation has been delivered and administrative fee (Article
79(9)) has been paid, the Office shall make corrected translation accessible to public and this
fact shall be announced in the Journal.
(4) Corrected translation shall apply instead of original translation from the day of
notification of making corrected translation accessible in the Journal.
(5) Right of third parties to use a subject-matter of an invention, which pursuant to
translation into the Slovak language valid in decisive period has not fallen within the scope of
a European patent, shall remain unaffected by effects of corrected translation, provided
that, they have utilised a subject-matter of an invention within the territory of the Slovak
Republic in good faith, the or they have made provable preparations for utilisation of a
subject-matter of an invention.
Article 63
Effects of European patent
(1) European patent granted by the European Patent Office with designation for the
Slovak Republic shall have same effects as a patent granted pursuant to Article 44(4) from
the day of notification on granting a European patent in the European Patent Bulletin.
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(2) Owner of a European patent shall be obliged to submit to the Office within three
months from notification on granting a European patent a translation of a patent
specification into the Slovak language, to pay a publication fee (Article 79(9)) and to notify
the Office of a address for correspondence within the territory of the Slovak Republic.
(3) If an owner of European patent fails to submit to the Office a translation of a
European patent specification within the time limit pursuant to paragraph 2, he may submit
this translation within an additional period of three months provided that a surcharge
pursuant to paragraph 2 has been paid together with submission of a translation.
(4) If a translation of a European patent specification into the Slovak language is not
being submitted to the Office within an additional period under conditions pursuant to
paragraph 3, an European patent shall be deemed ineffective within the territory of the
Slovak Republic ab initio.
(5) If a patent owner fails to notify to the Office an address for correspondence within
the territory of the Slovak Republic, official correspondence related to his patent shall be
deposited at the Office and considered to be delivered within the time limit of 30 days from
the day of deposition. An applicant shall be notified about this consequence by the Office.
(6) Based on fulfilment of conditions pursuant to paragraph 2 or 3, the Office shall make
a translation of a European patent specification accessible and shall notify this accessibility
and also granting a European patent in the Journal (Article 57).
(7) After publication in the European Patent Journal about granting a European patent
the Office shall enter a European patent into the European Patents Register with data
entered into the European Patents Register.
Article 64
Inadmissibility of double protection
If a patent has been granted for an invention for which same owner or his legal successor in
title has been granted European patent with same priority right, the national patent shall
become ineffective within extent to which it is identical with a European patent, from the
day of expiry of the time limit for filing oppositions against a European patent, if no
oppositions have been filed, or from the day of validity of a decision of the European Patent
Office, by which the European patent has been maintained in opposition proceedings.
Article 65
Revocation or maintenance of European patent in a modified wording
(1) Decision of the European Patent Office on partial or full revocation of a European
patent or on maintenance of a European patent in a modified wording shall have in the
Slovak Republic same effects as a decision of the Office pursuant to Article 46.
(2) Revocation of a European patent or its maintenance in a modified wording shall be
notified by the Office in the Journal.
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(3) If a European patent has been maintained in a modified wording in opposition
proceedings pursuant to Article 101 of the European Patent Convention or limited in
proceeding pursuant to Article 105b of the European Patent Convention by a decision of the
European Patent Office, a European patent owner of shall be obliged within three months
from the day of publication of modification in the European Patent Journal to submit a
translation of modified wording of a patent specification into the Slovak language to the
Office and to pay a publication fee (Article 79(9)).
(4) If a European patent owner fails to submit a translation of modified wording of a
European patent specification into the Slovak language or if fails to pay publication fee
within the time limit pursuant to paragraph 3, the European patent shall be deemed
ineffective in the Slovak Republic ab initio.
(5) The Office shall revoke a European patent with designation for the Slovak Republic
under conditions stipulated in Article 46(2) to (7) and Article 47, if in proceedings started on
a request or ex officio a reason for revocation of a patent pursuant to Article 138 in
conjunction with Article 139 of the European Patent Convention is proved, provided that
a) the time limit for filing oppositions pursuant to the European Patent Convention has
expired in vain, or
b) European patent has not been revoked during opposition proceedings before the
European Patent Office.
(6) If at time of revocation proceedings of an European patent before the Office
opposition proceedings against the same European patent have started or have been
pending before the European Patent Office, the Office shall suspend revocation proceedings.
After termination of proceedings before the European Patent Office, during which a
European patent has not been revoked, the Office shall, on request of any party, continue in
the European patent revocation proceedings. If a request for further proceedings on patent
revocation is not being submitted within six months from validity of a decision of the
European Patent Office, the Office shall suspend patent revocation proceedings.
Article 66
Filing a European patent application
(1) The Office shall be the place where legal entities or natural persons may file a
European patent application.
(2) Paragraph 1 shall not apply for filing a divisional European patent application
pursuant to Article 76 of the European Patent Convention.
Article 67
Fees
An owner shall be obliged to pay annually a maintenance fee for maintaining validity of
European patent in the Slovak Republic pursuant to a special regulation 13a)
.
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PART FIVE
Deleted from March 1, 2007
Title deleted from March 1, 2007
Article 68
Deleted from March 1, 2007
Article 69
Deleted from March 1, 2007
Title deleted from March 1, 2007
Article 70
Deleted from March 1, 2007
Article 71
Deleted from March 1, 2007
Title deleted from March 1, 2007
Article 72
Deleted from March 1, 2007
Article 73
Deleted from March 1, 2007
Title deleted from March 1, 2007
Article 74
Deleted from March 1, 2007
Article 75
Deleted from March 1, 2007
Article 76
Deleted from March 1, 2007
Article 77
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Deleted from March 1, 2007
Article 78
Deleted from March 1, 2007
PART SIX
COMMON, AUTHORISING, TRANSITIONAL AND REPEALING PROVISIONS
Article 79
Common provision
(1) Parties shall have equal position in proceedings before the Office, but parties
without permanent residence or seat in the Slovak Republic shall be in proceedings,
including submitting translations pursuant to Part Four of this Act, represented by an
authorised representative, 26)
with exception of acts
a) preceding and related to determination of filing date pursuant to Article 35,
b) related to payment of fees,
c) related to proving priority right pursuant to Article 36.
(2) When applying for an exception from mandatory representation pursuant to
paragraph 1 a party to proceedings shall be obliged to notify the Office of an address for
correspondence within the territory of the Slovak Republic. If a party to proceedings fails to
notify the Office of an address for correspondence, official announcements related to
proceedings shall be deposited at the Office, whilst they shall be deemed to be delivered
after expiry of 30 days from the date of deposition. A party shall be notified about this
consequence.
(3) The Act on Administrative Proceedings 21)
with exception of provisions of Article 19,
Article 23, Articles 28 to 32, Article 39, Article 49, Article 50, Article 59(1) and Article 60 shall
apply to proceedings before the Office pursuant to this Act .
(4) Provisions of this Act shall apply mutatis mutandis to arise, change and lapse of legal
relations, subject-matter of which is a certificate pursuant to special regulations 22a)
, as well
as to proceedings on certificates pursuant to special regulations 22a)
, unless a special
regulation 22a)
states otherwise.
26) Article 40 of the Act No 237/1991 Coll. on Patent Attorneys as amended by the Act of the National Council of
the Slovak Republic No 90/1993 Coll. 22a)
Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary
protection certificate for medicinal products (OJ L 182, 2.7.1992, Special edition in Slovakian: Chapter 13
Volume 011)
Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the
creation of a supplementary protection certificate for plant protection products (OJ L 198, 8.8.1996, Special
edition in Slovakian: Chapter 3 Volume 19)
Consolidated version41
(5) If a party to proceedings fails to comply with an invitation of the Office within set
time limit, the Office may suspend the proceedings. Party shall be notified about this
consequence in an invitation.
(6) Unless stated otherwise below, the Office may suspend proceedings also on request
of a party whose application, proposal or request is a subject-matter of proceedings.
Request for suspension of proceedings shall not be withdrawn.
(7) In case of request for suspension of proceedings on application or on application for
granting a certificate to which a court litigation entered into the Register relates, the Office
may suspend proceedings only after submission of a written consent of a person who has
filed e request for entry of a court litigation into the Register.
(8) Unless this Act or the generally binding regulation (Article 80) states otherwise,
submission with the Office shall be made in writing, in a official language. 27)
(9) For acts pursuant to this Act and for acts pursuant to a special regulation 22a)
administrative fees pursuant to a special regulation 28)
shall be paid.
(10) Filing with the Office shall be made by means of electronic media. If such filing is not
being supplied with an electronic signature, filing shall be supplemented by a written form
within a time limit of one month, otherwise such filing is being considered legally ineffective.
Article 80
Authorising provision
Generally binding regulation issued by the Office shall stipulate
a) details about method and requirements of claiming and proving priority right,
b) details about filing and requirements of a patent application,
c) requirements of re-deposition of biological material in a recognised depository
institution 15)
and requirements for making deposited material accessible to public,
d) details on divisional application, admissible amendments of application and correction
of certain mistakes,
e) details about requirements of a patent revocation request, request for forfeiture of a
patent and transfer, request for determination, request for further proceeding and
request for restitutio in integrum,
f) details about method and requirements of filing an international application, its
translation and languages of filing,
g) details about method and requirements of filing a European patent application,
h) details about method and requirements of filing a request for cancellation of a
certificate pursuant to a special regulation 22a)
and amendment of a certificate pursuant
to a special regulation 22a)
as well as details about proceedings on cancellation and
amendment of a certificate pursuant to a special regulation 22a)
,
27) Act of the National Council of the Slovak Republic No 270/1995 Coll. on Official Language of the Slovak
Republic as amended. 28)
Act of the National Council of the Slovak Republic No 145/1995 on Administration Fees as amended.
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i) details about form of filing with the Office in general, about delivery and about filing by
means of electronic media,
j) details about form and requirements of filing requests for entry of right into the
Register,
k) details about method and requirements of a licence offer and its acceptance,
l) details about data entered into the Register and published in the Journal,
m)details about regime of proceedings on matters of confidential applications, patents and
certificates pursuant to a special regulation 22a)
,
n) details about method of filing and requirements of request for conversion of author’s
certificate to a patent,
o) time limits determined by the Office for acts of parties to proceedings pursuant to this
Act.
Transitional provisions
Article 81
(1) Rise, modification and lapse of legal relations which occurred before this Act comes
into effect shall be assessed pursuant to present regulations.
(2) Proceedings on applications of inventions and proceedings on patents which have
not been lawfully concluded before this Act comes into effect, shall be concluded pursuant
to this Act therewith that in case of applications of inventions filed pursuant to Act No.
84/1972 Coll. on Discoveries, inventions, rationalisation proposals and industrial designs the
Office shall perform substantive examination ex officio.
(3) Applications of inventions filed pursuant to present regulations shall be deemed
applications pursuant to this Act.
(4) If utilisation of subject-matter of applications of inventions stated in paragraphs 1
and 2 was done before this Act comes into effect and under conditions specified by present
regulations, third parties´ rights shall remain unaffected. Right of an inventor to
remuneration for utilisation of a subject-matter of an invention with request for granting an
author’s certificate pursuant to present regulations shall remain unaffected.
Article 82
(1) Author’s certificate for an invention, granted pursuant to Act No 84/1972 Coll. shall
be valid for 15 years from filing an application.
(2) An organisation having pursuant to present regulations right to manage an invention
or was authorised by this right shall have same rights as a patent owner.
(3) In case of an invention created in manner different than under conditions pursuant
to Article 28(a) of the Act No. 84/1972 Coll. protected by an author’s certificate granted
pursuant to present regulations, which has not been utilised by an organisation having right
to manage an invention or that was authorised by this right, an inventor shall be entitled to
Consolidated version43
request the Office for its conversion to a patent (hereinafter referred to as “request for
conversion”) at any time during validity of an author’s certificate. Requesting person shall be
obliged to pay administrative fee (Article 79(9)) for request for conversion.
(4) The Office shall publish request for conversion as well as decision on conversion in
the Journal. Any person may file oppositions to request for conversion within a time limit of
three months since publication of request for conversion.
(5) Patent granted on request for conversion shall be valid 15 years since filing date of
an application of an invention; rights from a patent granted on request for conversion shall
arise since date of publication of request for conversion in the Journal.
(6) If an invention protected by an author’s certificate was not created under conditions
pursuant to Article 28(a) of the Act No. 84/1972 Coll., an inventor shall be entitled to utilise
an invention in his business activity.
Article 83
(1) Utilisation of an invention protected by an author’s certificate, which in accordance
with present regulations started before January 1, 1991 or for which right was granted
before this date on basis of a contract, shall not infringe rights of a patent owner. Right of an
inventor for remuneration for utilisation of an invention pursuant to present regulations
shall not be thereby affected.
(2) Claims to remuneration for utilisation of an invention as well as claims for
reimbursement of reasonable costs related to working up of drawings, models or
prototypes, remuneration for initiative participation in working up, testing or introduction of
an invention and claims for remuneration for referring to a possibility of utilisation of an
invention arisen before this Act has come into force, shall be settled pursuant to present
regulations.
(3) If, after this Act comes into effect, an invention protected by an author’s certificate,
to which an organisation has right corresponding with right of a patent owner pursuant to
Article 82(2), is being utilised, this organisation shall be obliged to pay remuneration to an
inventor pursuant to Article 11 .
Article 84
(1) An applicant of an invention pursuant to Article 82(1) and (2) of the Act No.
527/1990 Coll. shall be obliged to submit to the Office
a) document confirming granting a consent for sale or production of a subject-matter of a
patent granted in any state abroad, and
b) decision on registration pursuant to special regulations 25)
issued on request filed within
six months from granting a consent for sale or production of a subject-matter of a
patent in any state.
(2) An applicant of an invention shall be obliged to submit document and decision
pursuant to paragraph 1 to the Office within the time limit of three months from their
delivery but no later than 16 years from the date of rise of priority right.
Consolidated version44
(3) The failure to comply with time limits stated in paragraphs 1 and 2 shall not be
excused.
(4) The Office shall refuse an application of an invention pursuant to paragraph 1 if
a) applicant failed to meet requirements pursuant paragraphs 1 and 2,
b) subject-matter of a patent granted abroad was placed on the market in the Czech and
Slovak Federative Republic before filing of an application pursuant to paragraph 1.
(5) Patent granted pursuant to Article 82(1) and (2) of the Act No. 527/1990 Coll. shall
be valid for 16 years from the date priority right.
Article 85
If time limits pursuant to Article 74(3) expire before July 1, 2002, request for granting a
certificate pursuant to Article 74 shall be possible to file before December 31, 2002, if a
decision on registration of a medicine or on registration of a preparation for plant protection
pursuant to special regulations 25)
became valid after January 1, 2000.
Article 85a
Legal acts of the European Communities and the European Union stated in Annex shall be
implemented by this Act.
Article 86
Repealing provision
The following shall be repealed
1. Articles 2 to 35, Articles 78 to 82, Article 84 of the Act No. 527/1990 Coll. on
Inventions, Industrial Designs and Rationalisation Proposals as amended by Article III of the
Act No. 90/1993 Coll. and the Act No. 185/1994 Coll.;
2. Article 65(2), Articles 66 to 71, Article 75(2) and Article 86 of the Act No. 527/1990
Coll. on Inventions, Industrial Designs and Rationalisation Proposals as amended within the
extent governing legal relations and proceedings related to inventions, patents and author’s
certificates;
3. Chapter One of the Decree of the Federal Office for Inventions No. 550/1990 Coll. on
Procedure on Matters of Inventions and Industrial Designs.
Title II
Deleted from June 1, 2009
Title III
Deleted from January 1, 2008
Consolidated version45
Title IV
This Act shall enter into force on November 1, 2001 with exception of Part Four and Part Five
which shall enter into force on July 1, 2002.
Act No. 402/ 2002 Coll. entered into force on August 1, 2002
Act No. 84/ 2007 Coll. entered into force on March 1, 2007
Act No. 517/ 2007 Coll. entered into force on January 1, 2007
Act No. 495/ 2008 Coll. entered into force on February 1, 2009
Act No. 202/ 2009 Coll. entered into force on June 1, 2009
Rudolf Schuster s.m.
Jozef Migaš s.m.
Mikuláš Dzurinda s.m.
- PRVÁ ČASŤZÁKLADNÉ USTANOVENIA
- DRUHÁ ČASŤPATENTY NA VYNÁLEZY
- TRETIA ČASŤKONANIE PRED ÚRADOM
- § 60Účinky európskej patentovej prihlášky
- ŠTVRTÁ ČASŤVYKONÁVANIE EURÓPSKEHO PATENTOVÉHO DOHOVORU
- PIATA ČASŤZrušená od 1.3.2007Nadpis zrušený od 1.3.2007
- ŠIESTA ČASŤSPOLOČNÉ, SPLNOMOCŇOVACIE, PRECHODNÉ A ZRUŠOVACIE USTANOVENIA
- PRÍL.ZOZNAM PREBERANÝCH PRÁVNYCH AKTOV EURÓPSKYCH SPOLOČENSTIEV A EURÓPSKEJ ÚNIE
435/2001 Z.z.
ZÁKON
zo 4. októbra 2001
o patentoch, dodatkových ochranných osvedčeniach a o zmene a doplnení niektorých zákonov (patentový zákon)
Zmena: 435/2001 Z.z.
Zmena: 402/2002 Z.z.
Zmena: 84/2007 Z.z.
Zmena: 517/2007 Z.z. (nepriama novela)
Zmena: 495/2008 Z.z.
Zmena: 202/2009 Z.z. (nepriama novela)
Národná rada Slovenskej republiky sa uzniesla na tomto zákone:
Čl.I
PRVÁ ČASŤ
ZÁKLADNÉ USTANOVENIA
§ 1
Predmet úpravy
Tento zákon upravuje právne vzťahy vznikajúce v súvislosti s vytvorením, právnou ochranou a uplatnením vynálezu, ktorý je predmetom patentovej prihlášky alebo patentu.
§ 2
Pôsobnosť zákona
Tento zákon sa vzťahuje na
a) patentovú