Find hereunder the main changes that this revision brings to the European Patent Law:

• Permission to file an application in any language. However, if the application is not filed in English, German or French, a translation must be filed within 2 months from the filing date.
• Possibility to refer to an earlier application instead of filing a description in order to obtain a fling date.
• If any part of the description and drawings is missing at filing, it is possible to file the missing part(s) within 2 months from the filing date.
• If the 1 year deadline for claiming priority is missed, it is still possible to claim priority if the applicant can prove that the 1 year deadline was missed despite “All due care required by the circumstances”.
• Filing of a translation of a priority application is no longer mandatory.

KOSOVO

Industrial Property Office Opening

On November 19, 2007, the Intellectual Property office of Kosovo opened and started operating.

There is a revalidation period provided for IP rights registered in Yugoslavia and in Serbia and Montenegro before 19 November 2007.

The deadline of this revalidation period is 12 months starting from the day the IP office of Kosovo started operating.

This revalidation period only concerns IP rights registered and not only applied. All rights only applied before 19 November 2007 must be re-filed in order to exist in Kosovo, but the original application dates of the Serbia or Yugoslavia applications will be maintained.

MONTENEGRO

Decree regulating the recognition of IP rights obtained in the Predecessor State of Serbia and Montenegro

For your information, on October 12, 2007 a Decree regulating the recognition of IP rights obtained in the Predecessor State of Serbia and Montenegro has been published.

This Decree came into force on October 20, 2007 and the following main points of this text are explained hereunder:

It is important to know that the IP office is still not operating and it is expected to open in the near future.

The general idea of this Decree for national IP rights is that pending applications will have to be mandatory revalidated. But registered rights will be recognized automatically.

1) Pending patent applications

Pending applications for registration applied in the former State Union of Serbia and Montenegro (or Serbia, as from June 3, 2006) must be revalidated in Montenegro.

Pending applications in Serbia must also be revalidated to be recognized in Montenegro with their original priority date. A copy of the Serbian application will be needed with payment of revalidation fee.

The time frame to request revalidation will be 6 months from the date the Montenegro IP office starts operating.

2) Registered patents

Patents registered in Serbia will be automatically recognized when the Montenegro IP office will start operating and no revalidation will be required.

IP owners will have the option to obtain a “Certificate of Registration” for this right in Montenegro but the owner must submit an evidence that this patent was registered in Serbia to the Montenegro IP office.

3) Patent maintenance fees

Patent maintenance fees paid in Serbia before the Montenegro IP office starts operating will be recognized in Montenegro. Thereafter, the maintenance fees will have to be paid separately in Montenegro.

4) PCT patents designating the former Union of Serbia and Montenegro (or Serbia)

As we previously informed you, Montenegro deposited a declaration to WIPO on December 4, 2006, confirming that the PCT continues to be applicable in Montenegro, and as of that date, Montenegro can be designated in a PCT application.

Applications that have entered the national phase in the former State Union of Serbia and Montenegro (or Serbia), and which are pending on the date the Montenegro IP Office starts operating, must be revalidated in Montenegro. With the revalidation request, a copy of the national phase application with enclosures must be filed and a fee must be paid (still to be determined). The deadline for filing the revalidation request is 6 months from the date the Montenegro IP Office starts operating.

PCT applications that originally designated Serbia and Montenegro (or Serbia, after June 3, 2006), but which have not entered the national phase by the date the Montenegro IP Office starts operating, can enter the national phase in Montenegro within the deadlines stipulated in articles 22 and 39(1) of the Patent Cooperation Treaty, or within the
6-month period after the Montenegro IP Office starts operating, whichever expires later.

5) European patents

Montenegro has not signed the Extension Agreement with the European Patent Office yet. Once this agreement is signed, patent owners will have the possibility of extending their trademarks to the territory of Montenegro.

Meanwhile, all European patents that have been extended to Serbia and Montenegro (or Serbia, after June 3, 2007) according to the agreement between the EPO and Serbia and Montenegro, ratified on June 15, 2004, are recognized in Montenegro. Revalidation is not required.

As it was said above, the Montenegro IP office is expected to start operating in the near future.

SWEDEN

Patent Law Treaty

On December 27, 2007, the Patent Law Treaty (PLT) entered into force in Sweden.

..........Laurence Hulin
..........IP Coordinator / Edital