Patents Laws in North Macedonia
Here’s a detailed overview of patent laws in North Macedonia:
🇲🇰 Patent Laws in North Macedonia
Patent protection in North Macedonia is primarily governed by the Law on Patents (Official Gazette No. 144/2011, with amendments). The system is aligned with international standards and administered by the Industrial Property Office of the Republic of North Macedonia (IPORM).
1. Patentability Criteria
To qualify for patent protection, an invention must be:
Novel: The invention must not be part of the prior art anywhere in the world before the filing date.
Inventive Step: The invention must not be obvious to a person skilled in the relevant field.
Industrial Applicability: The invention must be capable of industrial application.
Non-patentable inventions include:
Discoveries, scientific theories, and mathematical methods.
Aesthetic creations.
Methods of medical treatment and surgical procedures.
Plant and animal varieties.
Schemes, rules, or methods for mental acts, games, or business activities.
Computer programs “as such.”
2. Types of Patents
Standard Patents: For inventions meeting the patentability criteria.
North Macedonia does not currently provide for utility models or petty patents.
3. Patent Duration
The patent term is 20 years from the filing date, subject to payment of annual renewal fees.
4. Application Procedure
Patent applications are filed with the Industrial Property Office of North Macedonia (IPORM).
Required documents include:
Request form,
Description of the invention,
Claims,
Abstract,
Drawings (if applicable).
The application undergoes formal and substantive examination.
The application is published 18 months after the filing date.
Substantive examination must be requested within 6 months from the publication of the search report.
5. Foreign Applicants
Foreign applicants may file directly or through a local patent attorney.
North Macedonia is a member of the Paris Convention, allowing priority claims within 12 months.
It is also a member of the Patent Cooperation Treaty (PCT), permitting international patent applications designating North Macedonia.
6. Patent Rights and Enforcement
Patent holders have the exclusive right to prevent unauthorized use of the patented invention.
Enforcement can be pursued through civil courts with remedies including injunctions, damages, and destruction of infringing goods.
Licensing and assignment of patents are permitted.
7. Compulsory Licensing
Compulsory licenses may be granted in cases where:
The patent is not being worked locally.
Public health or national emergency conditions arise.
Anti-competitive practices are identified.
8. International Agreements
North Macedonia is a party to:
Paris Convention
Patent Cooperation Treaty (PCT)
World Intellectual Property Organization (WIPO)
Trade-Related Aspects of Intellectual Property Rights (TRIPS) under WTO membership
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law on Patents (No. 144/2011) |
| Patent Term | 20 years from filing |
| Patentability Criteria | Novelty, inventive step, industrial applicability |
| Examination | Formal and substantive |
| Foreign Applicants | Allowed; Paris and PCT priority claims |
| Utility Models | Not provided |
| Enforcement | Civil remedies, injunctions, damages |
| Compulsory Licensing | Allowed under specific conditions |
| International Membership | Paris, PCT, WIPO, TRIPS |
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