Patents Laws in Slovakia
Patent laws in Slovakia are primarily governed by both national legislation and European Union regulations. As a member of the European Union and a contracting state of the European Patent Convention (EPC), Slovakia offers multiple routes for obtaining patent protection.
🔍 Overview of Patent Laws in Slovakia
1. National Legislation
The primary law governing patents in Slovakia is:
Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates, and Amendment of Certain Acts (Patent Act)
This act is administered by the Industrial Property Office of the Slovak Republic.
2. Patentability Requirements
To obtain a patent in Slovakia, an invention must be:
Novel
Involve an inventive step
Industrially applicable
Excluded from patentability:
Discoveries, scientific theories, mathematical methods
Aesthetic creations
Schemes, rules, and methods for performing mental acts, playing games, or doing business
Computer programs as such
Presentations of information
3. Patent Application Process (National Route)
Applications are submitted to the Industrial Property Office of the Slovak Republic (Úrad priemyselného vlastníctva SR).
Language: Slovak (translations required if filed in another language)
The process includes formal examination, search, and substantive examination (upon request).
4. European Patent Route
As a member of the European Patent Convention (EPC), applicants can:
File a European patent application designating Slovakia.
After grant by the European Patent Office (EPO), the patent must be validated in Slovakia, which involves:
Filing a Slovak translation of the patent specification
Paying the required validation fees
5. Patent Term and Maintenance
A Slovak or European patent validated in Slovakia lasts for 20 years from the filing date.
Annual maintenance fees are required to keep the patent in force.
6. Supplementary Protection Certificates (SPCs)
Available for pharmaceutical and plant protection products that have obtained market authorization.
7. Enforcement and Infringement
Patent rights can be enforced through civil litigation in Slovak courts. Remedies may include:
Injunctions
Damages
Seizure or destruction of infringing goods
📝 International Agreements
Slovakia is a member of:
European Patent Convention (EPC)
Patent Cooperation Treaty (PCT)
World Intellectual Property Organization (WIPO)
Paris Convention for the Protection of Industrial Property
TRIPS Agreement (via WTO)
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