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DS Petosevic | Registered Patent & Trademark Attorneys and Attorneys at Law, Serbia & Montenegro
     

Registered Patent & Trademark Attorneys and Attorneys at Law

 
       
 
 
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Extension of European Patents and Patent Applications in Montenegro

The Co-operation and Extension Agreement in the field of patents between Montenegro and European Patent Organization entered into force on March 1, 2010. From this date it will be possible to extend the protection conferred by European patent applications and patents to Montenegro without any additional examination. Extended European patent applications and patents will enjoy essentially the same protection in Montenegro as the patents granted by the European Patent Office for the member states of the European Patent Organization.

The extension to Montenegro is deemed requested for any European and Euro-PCT patent application (provided that the EPO has been designated for a European patent and the Extension State has been designated for a national patent in the international application) filed on or after March 1, 2010. Extension is not available for applications filed prior to that date, or for any European patents resulting from such applications. The extension fee is EUR 102. It must be paid to the EPO within the time limits prescribed in the EPC for paying designation fees (Article 79(2) EPC, Rule 107(1)(d) EPC). After expiry of the relevant basic time limit, the extension fee can still be validly paid within the period of grace for the payment of designation fees, provided that within that period a surcharge of 50% is also paid.

If the extension fee is not paid in due time, the request for extension is deemed withdrawn. 

The further conditions for the extension are as follows: a published European patent application shall confer the protection conferred by a national patent application as from the date on which a translation of the claims of the published European patent application into the local language has been communicated by the applicant to the person using the invention in Montenegro.

The owner of a European patent has to furnish to the Patent Office of Montenegro a translation of that patent claims into local language within 3 months from the date on which the mention of the grant of the European patent has been published and also to pay the prescribed fee for publication. If these conditions are fulfilled the extended European patent shall confer from the date of publication of the mention of grant by the EPO the same rights as would be conferred by a national patent.

The renewal fees for an extended European patent shall be paid to the Patent Office of Montenegro for the years following the year in which the mention of grant of the European patent was published.

European patent applications and international patent applications, entering European regional phase, filed before March 1, 2010, are automatically valid in Montenegro provided the Republic of Serbia has been designated as “extension country”, in accordance with the Decree on IP rights Enforcement in Montenegro.

However, it is advisable that the owners of such patents request issuance of a Montenegrin Letters Patent / Registration Certificate.

Such European patents are valid in Montenegro until the next annuity due date falling after the date of grant of the European Patent. From that date on, a separate annuity fee should be paid in Montenegro in order to keep the patent valid.
 

 

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DS Petosevic, Kablarska 26, 11040 Belgrade, Republic of Serbia (former FR Yugoslavia)
Phone: +381 11 306 62 62, Fax: +381 11 369 32 48, +381 11 306 60 38;
E-mail: petosev@eunet.rs Web site: www.petosevic.co.rs

 
 
DS Petosevic | Registered Patent & Trademark Attorneys and Attorneys at Law, 11040 Belgrade, Kablarska 26, Serbia & Montenegro (former FR Yugoslavia)