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Newsletters and Bulletins / June 2000 / Croatia |
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Croatia - Revised Patent and Design Laws
New patent and design laws have been adopted in Croatia. Their major features are set out below.
Patents 1) The basic requirement for the grant of a patent is that it relates to an invention that is new, involves an inventive step and is capable of industrial application.
2) The definition of what is patentable is similar to that of the European Patent Convention. Thus patent protection is excluded for, inter alia, diagnostic, therapeutic and surgical methods for humans or animals, plant varieties and animal breeds, essentially biological procedures for the production of plants and animals (other than microbiological processes and products resulting from such processes), rules, instructions or methods of mental activity, playing games or doing business, presentations of information and computer programs. 3) Prior art to be considered in assessing the novelty and inventivity of an invention is to be determined on the basis of all information made available to the public whether by written or oral description or use anywhere in the world. Additionally the content of previously filed Croatian patent applications that are subsequently published are to be considered when assessing novelty but not inventivity. There is, however, a six-month grace period for disclosures that are an evident abuse of the applicant's rights or are at an officially recognized international exhibition. 4) Two types of patents are provided for under the new law, a full patent granted after examination having a term of twenty years from filing of the application giving rise to it and a "consensual patent" which will be granted without examination, having a term of ten years from filing. 5) Publication of pending applications for both types of patents will take place eighteen months from the filing date or, when claimed, the priority date. 6) Within six months of publication, the applicant must file a request for the grant of a patent. This request may be in one of three forms: 1) a request for a full patent on the basis of substantive examination by the Croatian Patent Office; 2) a request for the grant of a full patent based on results of examination elsewhere ("as a rule" to be in an office that is an International Searching Authority or International Preliminary Examination Authority under the Patent Cooperation Treaty); or 3) a request for the grant of a consensual patent without examination. If option 2) is chosen, the applicant will have to supply translations of the results of the examination elsewhere within six months of the results being issued by the foreign patent office in question and in any case within five years of the filing of the Croatian application. 7) Third parties may file oppositions to the grant of consensual patents or themselves request examination of a published application within six months of the publication of the application. 8) Compulsory licenses are provided for in certain circumstances which seem to be in compliance with TRIPS. 9) A domestic doctrine of exhaustion of rights has been adopted so that a patentee cannot enjoin any use or sale of a patented product that has been put on the market in Croatia by the patentee or a third party with its express consent. 10) There is provision for both civil and criminal action against patent infringers. If found guilty in criminal proceedings, the infringer is subject to a fine. 11) Any nullity proceedings against a patent are to be brought in the Patent Office. Designs 1) Design protection is available for two or three dimensional designs of the whole or a part of an article and applies to the outer look of an article characterized by its visible features. 2) To be protectible the design must be new and possess individual character. Novelty is to be judged on what has been used or exhibited in trade or has been disclosed in the normal course of business to the relevant business circles in Croatia. Additionally there is a one-year grace period for disclosures by the designer or his successor in title. In cases where priority is claimed, the grace period includes disclosures in the year prior to the priority date. 3) Initial registration of a design is for a period of ten years, which may be renewed for two further periods of five years each. |
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