Global Patent GO - Serbia - Introduction to Serbian Patent Applications

Submitted by haili on
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页之码IP

Serbia is located in southeastern Europe, in the middle of the Balkan Peninsula. It is a small but rapidly developing country. Due to its special geographical location, Serbia's entire history has been inseparable from war, and it has been a battleground for military strategists since ancient times. At first, it was between the two major forces of the Eastern and Western Roman Empire, and later it was caught between the Ottoman Empire and the Western Christian world. During the Communist period, it was between the two major political forces of the Warsaw Pact Group and the NATO Group. Every dominant power that has ever appeared on the European continent has competed here, and almost every generation of Serbs has experienced at least one war.

Over the centuries, Serbia has been the focus of major events in the world and Europe many times. This has also resulted in frequent ethnic migrations and racial integration in Serbian history. Different civilizations, cultures, religions, climates and landforms have all blended together here. The intersection, the mixture of many nationalities, cultural elements and religious beliefs constitutes contemporary Serbia.

In September 2014, Serbia launched fiscal consolidation measures and structural reforms to eliminate corruption, encourage entrepreneurship, and establish a good and stable market environment and a basically stable political situation. At the same time, the business environment continues to improve through various measures such as strengthening e-government development, joining the European Union, tax system reform, and company law reform, and the overall macro economy shows a growth trend.

According to statistics from the National Bank of Serbia, from 2010 to 2020, Serbia absorbed a total of more than 26 billion euros in foreign direct investment, making it one of the most important investment locations in Central and Eastern Europe. Leading foreign investors include world-class companies and banks, such as Fiat, Microsoft, Coca-Cola, Michelin, Bosch, Siemens and Intesa Sanpaolo, etc. Foreign investment mainly targets manufacturing, trade, real estate and logistics.

During the COVID-19 epidemic, the comprehensive strategic partnership between China and Serbia has developed in depth, and the level of economic and trade cooperation has continued to improve. As cooperation between China and Central and Eastern European countries continues to deepen, bilateral trade between China and Serbia has grown rapidly. The total bilateral trade volume between China and Serbia in 2020 was US$2.12 billion, a year-on-year increase of 52.3%.

In addition, Chinese companies have overcome the impact of the COVID-19 epidemic and steadily promoted various engineering projects. As the flagship project of China-Serbia economic cooperation, the Hungary-Serbia Railway is the only high-speed railway under construction in Serbia. During the epidemic, the left line of the Belgrade-Stara Pazova section was fully opened to traffic. The China-Serbia Memorandum of Understanding on Rail Vehicle Cooperation was signed, marking the first time that China, Serbia and France will cooperate on the Belgrade subway project. Huawei Technologies Co., Ltd. continues to explore the Serbian market and establishes a Huawei Innovation Center to drive industrial innovation in Serbia. Chinese-funded enterprises in the automobile industry have settled in Serbia, providing strong support for local employment and tax revenue, and further strengthening the Serbian automobile industry. Chinese vehicle parts companies such as Minshi, Meida, Xingyu and Yanfeng are steadily advancing their business in Serbia, and Linglong Tire Company is advancing the construction of its factory in Serbia as planned. In terms of energy, Chinese-funded enterprises are actively tracking solar, wind and biomass power generation projects in Serbia, and have successively built projects such as power station renovation and hydropower station development.

Serbia joined the World Intellectual Property Organization (WIPO) in 1992 and is a member of the Paris Convention and the Patent Cooperation Treaty. It has relatively complete laws and regulations in the field of intellectual property protection. Laws and regulations related to intellectual property include the Patent Law, Trademark Law, Design Law, Trademark and Geographical Indications Law, etc.

Today we will take a brief look at Serbia’s patent system.

Introduction to Serbian Patent System

1. Types of patent protection

  • Inventions, small patents and designs

2. Ways for Chinese applicants to apply for patents in Serbia

  • Paris Convention, PCT International Application Entering the Serbian National Phase, Direct Application, European Patent Validation Path

3. Review unit

  • Intellectual Property Office of the Republic of Servia

4. Submit application

  • Deadline requirements:
    • Paris Convention route: within 12 months from earliest priority date
    • PCT international application entering Serbia: within 30 months from the earliest priority date
  • Language Requirements:
    • The official language for patent applications in Serbia is Serbian. Serbian patent applications can be filed in other languages, but the Serbian translation must be submitted within 2 months of notification from the Intellectual Property Office

5. Formal review

  • The formal examination starts after the filing date is determined, and the applicant needs to submit a copy of the priority document and the original power of attorney. If the applicant is not the inventor, a declaration of authorization from the applicant is also required. If the application does not meet the formal requirements, the Serbian patent applicant has more than 2 months but no more than 3 months to make corrections to the application. If the formal examination requirements are met, the Patent Office will require the applicant to submit a search report request and pay a search fee. The applicant may also proactively submit a search request before receiving the search notice.

6. Application for disclosure

  • The Serbian Patent Office will publish the patent application 18 months from the filing date (the priority date if there is priority), and may publish it in advance based on the application of the Serbian patent applicant, but no earlier than three months after the filing date moon

7. Substantive review

  • The applicant should submit a request for substantive examination within six months after receiving the search report (there is no need to submit a request for substantive examination for design applications, and the substantive examination will start automatically). After substantive examination, the Serbian Patent Office will directly issue a notice of examination opinion, informing you whether the patent application has prospects for authorization and what problems exist that cause the patent application to fail to meet the conditions for authorization. Applicants need to read the review comments carefully and submit defense comments and modifications within the specified time limit

8. Authorization Procedure

  • After the patent passes the formal examination and substantive examination procedures, if the examiner believes that the conditions for authorization are met, the patent right will be granted and a certificate will be issued. Luxembourg invention, short-term invention and design patents do not need to pay licensing fees. Applications for invention patents need to pay annual fees every year starting from 3 years from the application date.

Features of Serbian patents

Serbian petty patents are similar to Chinese utility model patents and do not require patentability review and disclosure procedures. After the small patent is authorized, it will be published in the Patent Gazette. Before the small patent is approved or rejected, the Serbian patent applicant can apply to convert it into an invention patent or industrial design patent application.

Friendliness towards Chinese applicants:

★★★★★

The value of patent rights:

★★★

Completeness of rights protection mechanism:

★★★★