PCT Applicant's Guide Serbia EQE - Valid as from 31 Oct 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Intellectual Property Office (Serbia)

PL: The Patent Law, 2011, 2017, 2018, 2019, 2021

LR: Law Ratifying the PCT, 2004

LAP: Law on Administrative Procedures, 2016

RPL: Regulations under the Patent Law, 2019

List of currencies used in this document:

EUR (Euro), RSD (Serbian dinar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Serbia

Two-letter code:

Name of Office:

Intellectual Property Office (Serbia)

Location:

Knjeginje Ljubice 5
11000 Beograd
Serbia

Mailing address:

Same as above

Telephone:

(381-11) 2025 800

E-mail:

zis@zis.gov.rs

Website:

http://www.zis.gov.rs

Facsimile:

(381-11) 311 23 77

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes, provided that the delivery service furnishes proof of receipt

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

EP,

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

National protection: RS

European patent: EP

Types of protection available via the PCT:

National:

Patents,

Patents of addition,

Petty patents

European:

Patents

Payment methods accepted by the Office:

The Office accepts the same payment methods irrespective of various PCT roles. For fees to be paid in euros (when the Office is RO), the applicant receives payment instructions from the Office.
i) All fees must be paid to the Office
ii) The majority of the national fees must be paid by money order, postal transfer or bank transfer to budget account No. 840-30880845-62 (97 41-601) reference No. 97, then code with control number of the municipality of the Republic of Serbia. All payments should include the complete application number, the name of the applicant and the type of fee being paid.

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

Where the designation is made for the purposes of a national patent:

Provisional protection shall be effective as from the date on which the Serbian translation of the title of the invention and the abstract of the international application are published by the Intellectual Property Office (Serbia) (Articles 18 and 161 of the Patent Law, 2011).

Where the designation is made for the purposes of a European patent:

A published European patent application shall provisionally confer the protection as conferred by a published national patent application under Article 149 of the Patent Law as from the date on which a translation of the published European patent application into the Serbian language has been communicated by the applicant to the person using the invention in Serbia

Information of interest if this Contracting State is designated (or elected)

For national protection

Time when the name and address of the inventor must be given:

May be in the request or must be furnished within the time limit applicable under PCT Article 22 or 39(1). If not already complied with within that time limit, the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Serbia

Language in which international applications may be filed:

English

Language accepted for language-dependent free text in the sequence listing:

Same as above

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 22 February 2018, pages 196 et seq. and 21 July 2022, page 188.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?

Yes, any format

Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?

Yes

Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?

No. If submitted in color, the Office will convert drawings into black and white.

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “due care” criterion to such requests

Competent International Searching Authority:

EP,

Competent International Preliminary Examining Authority:

EP,

Fees payable to the RO:

Transmittal fee:

This fee is reduced by 50% where the international application is filed by a natural person.

8,210 RSD

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,381 EUR

Fee per sheet in excess of 30:

16 EUR

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

208 EUR

Electronic filing (the request, description, claims and abstract in character coded format):

311 EUR

Search fee:

Refer to
Annex D(EP)
Annex D(XV)

Fee for priority document (PCT Rule 17.1(b)):

This fee is reduced by 50% where the international application is filed by a natural person.

— for the first document up to ten pages

1,970 RSD

— for each subsequent document up to ten pages

plus 490 RSD

— per page in excess of ten

plus 30 RSD

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

This fee is reduced by 50% where the international application is filed by a natural person.

3,300 RSD

Is an agent required by the receiving Office?

No, if the applicant resides in Serbia
Yes, if the applicant is a non-resident

Who can act as agent?

Any person registered to practice as a patent agent before the Office, or any attorney-at-law registered in Serbia

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, a description of the characteristics of the micro-organism

National Phase

Summary of requirements for entry into the national phase

If grant of a national patent by the Intellectual Property Office (Serbia) is desired:

Time limits applicable for entry into the national phase:

The time limit may be extended by 30 days, provided the applicant pays the additional fee for late entry into the national phase

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Does the Office permit reinstatement of rights (PCT Rule 49.6)?

This fee is reduced by 50% where the application is filed by a natural person.

Yes, the Office permits reinstatement of rights under the “due care” criterion.

Fee for reinstatement

4,720 RSD

The Office shall render its decision to allow the reinstatement of rights arising from the international application if the applicant, within the prescribed period:
1) files the request for the reinstatement of rights and completes all omitted acts;
2) states the reasons that have prevented the performance of the omitted acts in due time, justifying them;
3) submits proof of paid administrative fees.
The request shall be filed within three months from the date on which grounds for the omission ceased to exist or, if the applicant learned about the omission subsequently, from the date on which the applicant found out about the omission, but not later than 12 months from the date of non-observance of the time limit.

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Serbian

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

Applicant should only send a copy of the international application if he/she has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2).

Does the Office accept color drawings under its national law?

No, the Office does not accept color drawings under its national law. If submitted in color, the Office will convert drawings into black and white.

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Patents

Filing fee

This fee is reduced by 50% where the international application is filed by a natural person.

8,210 RSD

Claim fee for each claim in excess of 10

This fee is reduced by 50% where the international application is filed by a natural person.

800 RSD

Additional fee for late entry into the national phase

50% of the filing fee

Examination fee

This fee is reduced by 50% where the international application is filed by a natural person.

8,210 RSD

Annual fee for the first three years

This fee is reduced by 50% where the international application is filed by a natural person.

11,510 RSD

Petty patents

Filing fee

This fee is reduced by 50% where the international application is filed by a natural person.

8,210 RSD

Additional fee for late entry into the national phase

50% of the filing fee

Exemptions, reductions or refunds of fees:

Fees are reduced by 50% where the international application is filed by a natural person (refer to Annex I).

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Appointment of an agent if the applicant is not resident in Serbia

Instrument of assignment of the international application if the applicant has changed after the international filing date and the change has not been reflected in a notification from the International Bureau (Form PCT/IB/306)

Statement justifying the applicant’s right to the patent if he is not the inventor

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306)

Translation of the international application to be furnished in three copies

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form

Who can act as agent?

Any person registered to practice as a patent agent before the Office, or any attorney-at-law registered in Serbia

Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?

Yes

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “due care” criterion to such requests

If a European patent is desired: Refer to European Patent Organisation (EP) in Annex B

The procedure in the national Phase

RS.01 FORM FOR ENTERING THE NATIONAL PHASE

The Office has available a special form for entering the national phase (refer to Annex RS.II). This form should preferably (but need not) be used.

RS.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

RS.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex RS.I.

RS.04 POWER OF ATTORNEY

An agent must be appointed by filing a power of attorney.

RS.05 ANNUAL FEES

PL Art. 40
The first annual fee is payable for the third year following the international filing date. Payment of the annual fees for subsequent years must be made before the anniversary of the international filing date. If not made within this time limit, payment may still be made, together with a 50% surcharge, within six months after the due date. The amounts of the annual fees are indicated in Annex RS.I.

RS.06 REQUEST FOR EXAMINATION

PL Art. 103
A patent will be granted only after substantive examination which must be requested. There is no special form for the request. If the applicant does not file such a request, the application for the grant of the patent shall be rejected.

RS.07

Examination must be requested within six months of the date of publication of the search report.

RS.08

A request for examination is only effective if the examination fee has been paid. The amount of this fee is indicated in Annex RS.I. If the examination fee has not been paid within the time limit, payment can be made together with a surcharge for late payment within 30 days from the receipt of the invitation from the Office.

RS.09 PRIORITY DOCUMENT

PL Art. 90
The priority document shall be submitted not later than up to the expiration of the period of three months from the date of entry into the national phase or 16 months from the earliest priority date claimed, whichever period expires first.

RS.10 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, PL Art. 101
The applicant may amend or correct the international application up to the grant of a patent, provided that the scope of the subject matter of the application is not extended. The applicant may not amend the description, claims and drawing(s) before receipt of the search report. After receipt of the search report, the applicant may, of his own volition, amend the description, claims and drawing(s). Amended claims may not relate to unsearched subject-matter which does not, combined with the invention as originally claimed or the group inventions, form the single general inventive concept for which protection had originally been sought.

RS.11 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

RS.12

The time limits for entry into the national phase, requesting substantive examination and payment of the substantive examination fee may be extended by 30 days on request and payment of a fee (refer to Annex RS.I).

RS.13

LAP Art. 93
Restitutio in integrum may be requested where the applicant has missed a procedural time limit for performing an act in relation to the international application. The request for restitutio in integrum must explain the circumstances which caused the failure to comply with the time limit and at least to make them probable. The request shall also be accompanied by the document that was supposed to be submitted within the prescribed time limit when the failure to submit the document on time was the reason for demanding restitutio in integrum. The request must be submitted within eight days from the day on which the circumstances which caused the delay ceased to exist, or, where the party learned about its cessation only later, from the day the party learned of it. A request for restitutio in integrum is acceptable only up to three months from the day when the delayed document or act was due.

RS.14

PL.Art. 73
Reestablishment of Rights may be requested where the applicant has missed any time limit for performing an act in relation to the international application, resulting in the loss of rights arising from the application or granted right as a legal consequence of such omission. The applicant must file a request for the reestablishment of rights stating the reasons for the request, complete all omitted acts, submit evidence in support of the reasons, submit proof of fees payment for the request for the reestablishment of rights arising from the application or granted right. The request for the reestablishment of rights shall be filed within three months from the date on which grounds for the omission ceased to exist or, if the person who requires reestablishment of rights learned about the omission subsequently, from the date on which he found out about the omission, but not later than 12 months from the date of non-observance of the time limit or, if the request relates to the failure to pay the maintenance fee, at least 12 months from the date of expiry of the additional time limit for payment of this fee.

RS.15 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, PL Art. 67
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. In the case of a negative decision by the Office during the national phase (including a request for review under PCT Article 25), the applicant may appeal to the government within 15 days from the receipt of the decision, except in certain cases, as provided by PL Art. 67. The government’s decision is final but administrative dispute proceedings may be instituted against such decision within 30 days from the date of receipt of the government’s decision.

RS.16 PETTY PATENT

PL Art. 163, PL Art. 39, PCT Rule 49bis.1(a), PCT Rule 76.5
Subject to paragraph RS.19, if the applicant wishes to obtain, on the basis of an international application, a petty patent instead of a patent, he shall so indicate to the Office when performing the acts referred to in PCT Article 22 or 39. Petty patents may only be granted in respect of the structure of a product or layout of the components described in the application. The term of protection for a petty patent is 10 years from the international filing date of the application.

RS.17

PL Art. 164
The national requirements for petty patents are basically the same as those for patents. However, petty patents are not examined as to novelty, inventive step and industrial applicability.

RS.18

PL Art. 163
A petty patent may contain only one independent claim and up to four dependent claims.

RS.19 CONVERSION

PL Art. 166
An international application for a patent may be converted into an application for a petty patent, and vice versa, at any time before the grant of the patent, by filing a request to that effect and paying the relevant fees (refer to Annex RS.I).

Annexes

Annex RS.I - Fees

Patents

Filing fee

This fee is reduced by 50% where the international application is filed by a natural person.

8,210 RSD

Claim fee for each claim in excess of 10

This fee is reduced by 50% where the international application is filed by a natural person.

800 RSD

Additional fee for late entry into the national phase

50% of the filing fee

Search fee (if there is no international search report)

This fee is reduced by 50% where the international application is filed by a natural person.

16,470 RSD

Examination fee

This fee is reduced by 50% where the international application is filed by a natural person.

8,210 RSD

Surcharge for late filing of request for examination

This fee is reduced by 50% where the international application is filed by a natural person.

4,940 RSD

Annual fees:

This fee is reduced by 50% where the international application is filed by a natural person.

The first annual fee is payable for the third year following the international filing date. Payment of the annual fees for subsequent years must be made before the anniversary of the international filing date. If not made within this time limit, payment may still be made, together with a 50% surcharge, within six months after the due date.

— for the 3^rd year, counted from the international filing date

11,510 RSD

— for the 4^th year, counted from the international filing date

13,980 RSD

— for the 5^th year, counted from the international filing date

16,470 RSD

— for the 6^th year, counted from the international filing date

19,730 RSD

— for the 7^th year, counted from the international filing date

23,010 RSD

— for the 8^th year, counted from the international filing date

26,320 RSD

— for the 9^th year, counted from the international filing date

29,620 RSD

— for the 10^th year, counted from the international filing date

32,920 RSD

— for the 11^th year, counted from the international filing date

39,530 RSD

— for the 12^th year, counted from the international filing date

46,110 RSD

— for the 13^th year, counted from the international filing date

52,700 RSD

— for the 14^th year, counted from the international filing date

59,260 RSD

— for the 15^th year, counted from the international filing date

65,840 RSD

— for the 16^th year, counted from the international filing date

72,440 RSD

— for the 17^th year, counted from the international filing date

79,020 RSD

— for the 18^th year, counted from the international filing date

85,600 RSD

— for the 19^th year, counted from the international filing date

92,180 RSD

— for the 20^th year, counted from the international filing date

98,760 RSD

Fee for restoration of the right of priority

3,300 RSD

Fee for re-establishment of rights

4,100 RSD

Petty patents

Filing fee

This fee is reduced by 50% where the international application is filed by a natural person.

8,210 RSD

Additional fee for late entry into the national phase

50% of the filing fee

Annual fees:

This fee is reduced by 50% where the international application is filed by a natural person.

— for the 3^rd year, counted from the international filing date

11,510 RSD

— for the 4^th year, counted from the international filing date

13,980 RSD

— for the 5^th year, counted from the international filing date

16,470 RSD

— for the 6^th year, counted from the international filing date

19,730 RSD

— for the 7^th year to the 10^th year, counted from the international filing date

per year 23,010 RSD

Fee for request of conversion of patent application into petty patent application, and vice versa

This fee is reduced by 50% where the international application is filed by a natural person.

3,300 RSD

Fee for extension of time limit

This fee is reduced by 50% where the international application is filed by a natural person.

— for the first request up to 30 days

1,660 RSD

— for every subsequent request, for every month

2,470 RSD

How can payment of fees be effected?

(i) All fees must be paid to the Office

(ii) The majority of the national fees must be paid by money order, postal transfer or bank transfer to budget account No. 840-30880845-62 (97 41-601) reference No. 97, then code with control number of the municipality of the Republic of Serbia. All payments should include the complete application number, the name of the applicant and the type of fee being paid

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex RS.II - National processing request form

Processing

RS - Serbia
Intellectual Property Office (Serbia)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

RS - Serbia Intellectual Property Office (Serbia)

Error Information Warning Confirmation

RS - Serbia
Intellectual Property Office (Serbia)