Patents Laws in Kosovo
Kosovo's patent system is governed by Law No. 08/L-059 on Patents, which came into force on February 4, 2022. This legislation aligns Kosovo's patent laws with international standards, incorporating provisions from the Patent Law Treaty (PLT) and the European Union acquis
📘 Key Features of Kosovo's Patent Law
1. Patentability Criteria
An invention is patentable in Kosovo if it:
Is novel, meaning it is not part of the prior knowledge.
Involves an inventive step, making it non-obvious to someone skilled in the field.
Is industrially applicable, meaning it can be made or used in any kind of industry, including agriculture.
2. Non-Prejudicial Disclosures
Disclosures made within six months prior to the filing date due to:
An evident abuse in relation to the applicant.
Display at an official or officially recognized international exhibition.
These do not affect the novelty of the invention.
3. Secret Inventions
Inventions related to national defense or security may be designated as "secret inventions" and treated accordingly. Specific criteria and procedures are determined by the competent authority.
4. Supplementary Protection Certificates (SPCs)
Kosovo law provides for SPCs for pharmaceutical and plant protection products, extending patent protection for up to five years. These provisions are now in force and are not contingent upon Kosovo's EU accession.
5. Compulsory Licenses
The law allows for the issuance of compulsory licenses, particularly in the pharmaceutical sector, to address public health needs. This aligns with the WTO's Doha Declaration on Public Health.
6. Appeals and Enforcement
Decisions by the Intellectual Property Office of Kosovo (IPOK) can be appealed within 15 days. Subsequent legal challenges can be made within 30 days before the competent court.
7. International Cooperation
Kosovo is not a member of the Patent Cooperation Treaty (PCT), so international applications under the PCT do not automatically extend protection to Kosovo. However, the national patent system allows foreign applicants to file directly with IPOK, provided they designate a local address for correspondence.
🏛️ Enforcement and Administration
The Intellectual Property Office of Kosovo (IPOK) is responsible for:
Receiving and examining patent applications.
Granting patents and supplementary protection certificates.
Maintaining the patent register.
Handling appeals and enforcement actions.
✅ Practical Considerations
Filing: Patent applications can be submitted in languages other than the official languages of Kosovo, but a translation must be provided within six months.
Priority Claims: Applicants can restore priority rights if they miss the filing deadline, provided they meet specific conditions and pay the required fees.
Legal Protections: Patents in Kosovo can be assigned, licensed, pledged, or subjected to bankruptcy proceedings.
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