Pursuant to the Patent Cooperation Treaty between the Republic of Serbia and the European Patent Organization (the „EPO“), the application for the extended European patent filed on or after 1 November 2004 provides equal rights as the national patent as of the date when EPO publishes the information on the patent registration. The extension of a European patent shall be effective in the Republic of Serbia if the patent holder meets the following criteria: – Within 3 months following the date of publication of the information on registration of the European patent in the EPO Bulletin, he/she should file with the Serbian Intellectual Property Office (the “Office”) the Request for registration of the Extended European Patent in the Patent Register through an authorized representatives registered in the Registry of Representatives or a local attorney. – The mentioned request should include: · the original patent document as published in the EPO Bulletin; · data about the other applicants and inventors; · Serbian translation of the patent document of the Extended European patent; · power of attorney; and · proof of payment of the administrative fees. If the translation is not filed with the Office in a timely manner, or the prescribed charges are not paid within 3 months following the publication in the EPO Bulletin, the Extended European patent shall be considered ineffective from the very beginning. Also, if as a result of the proceedings pursuant to an objection against EPO, the European patent remains in force with the amended patent claims, the holder of the patent shall be obliged to file the following with the Office within 3 months following the date of publishing of the data on the resolution on remaining of the amended European patent in force: · amended patent claims as finally adopted, and their translation; · data about the EPO Bulletin (no., date) in which they were published; and · proof of payment of the administrative fees. Finally, the annual fee for maintenance of the rights derivating from the Extended European patent shall be paid to the Office for the years following the year in which the information on registration of the European patent was published in the EPO Bulletin (e.g. if the fee for the 4th year was paid to the EPO, the Office should be paid the fee for the 5th year), whereas the deadlines for payment of the fees shall be calculated as of the date of filing of the application for the extended European patent with the EPO.For any further information please feel free to contact us on the following e-mail addresses: moc.cilokin-civonaraknull@cijoK.rimogarD Partner moc.cilokin-civonaraknull@vokriM.ajleR Associate
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