PCT Applicant's Guide Slovakia EQE - Valid as from 31 Oct 2023

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, 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: Industrial Property Office of the Slovak Republic

PA: Act No 435/2001 Coll on Patents, Supplementary Protection Certificates and on Amendments of Other Acts (The Patent Act), as amended ¹

UM: Act No 517/2007 Coll on Utility Models and on Amendments of Some Acts, as amended ¹

AF: Act No 145/1995, Coll on Administrative Fees, as amended ¹

AP: Act No 71/1967 Coll on Administrative Procedures, as amended ¹

MF: Act No 495/2008 Coll on Maintenance Fees for the Patent, Maintenance Fee for the European Patent with Effects for the Slovak Republic and the Maintenance Fee for the Supplementary Protection Certificate for Medicinal and Plant Protection Products and on Amendments of Some Acts, as amended ¹

List of currencies used in this document:

EUR (Euro)

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:

Slovakia

Two-letter code:

Name of Office:

Industrial Property Office of the Slovak Republic

Location:

Švermova 43
974 04 Banská Bystrica 4
Slovakia

Mailing address:

Same as above

Telephone:

(421-48) 430 01 31

E-mail:

podatelna@indprop.gov.sk

Website:

http://www.indprop.gov.sk
http://www.upv.sk

Facsimile:

None

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

Does the Office send notifications via e-mail in respect of international applications?

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)?

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: SK

European patent: EP

Types of protection available via the PCT:

National:

Patents

Utility models (a utility model may be sought instead of or in addition to a national patent)

European:

Patents

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

Article 41(a) of Patent Law No. 435/2001 Coll. and Article 23 of Decree No 223/2002 Coll.; Article 38(a) of Utility Model Law No. 517/2007 Coll. and Article 20(b) of Decree No. 1/2008 Coll.

Provisional protection after international publication:

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

Under Articles 13(2), 15(1) and 15(2) of the Patent Law, the applicant is entitled to appropriate remuneration starting from the day of publication of the application in the Official Journal of the Industrial Property Office of the Slovak Republic, provided that a patent has been granted for an invention which is the subject of the application. However, claiming of these rights vis-à-vis third parties shall be possible only as from the date of effect of the patent.

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

The provisional protection shall be effective in Slovakia as from the day on which:

(1) the international application has been published in one of the EPO official languages; and

(2) the translation of the claims into the Slovak language has been made available to the public.

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 may be furnished later. 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.

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:

Slovakia

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (refer to PCT Rule 12.3)

If the language in which the international application is filed is not a language of publication and no translation is required for the purposes of international search (PCT Rule 12.3(a)), the applicant will have to furnish a translation of the application into English (PCT Rule 12.4(a))

English,

French,

German,

Slovak

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

Same language as the international application (English, French, German or Slovak)

Language in which the request may be filed:

English,

French,

German

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?

Yes, the Office accepts electronic filing via ePCT-Filing

For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 2 June 2016, pages 112 et seq. and 4 August 2022, page 210.

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 receiving Office”).

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.

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 receiving Office:

Transmittal fee:

online filings 33 EUR
paper filings 66 EUR

International filing fee:

1,378 EUR

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

Fee per sheet in excess of 30:

16 EUR

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

207 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)):

— where the request for a copy of the priority document is filed by electronic means

10 EUR

— where the request for a copy of the priority document is filed on paper

20 EUR

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

166 EUR

Is an agent required by the receiving Office?

Who can act as agent?

Any person appointed by the applicant

Waiver of power of attorney:

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

Refer to the Office

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

Refer to the Office

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

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):

The name and address of the depositary institution and accession number at the time of filing (as part of the application)

— any additional indications:

At the time of filing (as part of the application)

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, relevant information on the characteristics of the biological material

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

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

Slovak

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

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?

National fees:

Must be paid within the time limit applicable under PCT Article 22 or 39(1) or, if not paid within that time limit, within 15 days from the receipt of the invitation to pay the filing fee

Patents

Filing fee:

— where the application is filed by an inventor or co-inventors

30 EUR

— where the application is filed by an applicant other than the inventor or by applicants other than the co-inventors

60 EUR

Utility models

Filing fee:

— where the application is filed by an inventor or co-inventors

34 EUR

— where the application is filed by an applicant other than the inventor or by applicants other than the co-inventors

68 EUR

Exemptions, reductions or refunds of fees:

The filing fee is reduced by 50% where the application is filed by electronic means

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.

Document(s) relating to the applicant’s entitlement to apply for and be granted a patent if the applicant is not an inventor ²

Translation of the international application for a patent in three copies

Translation of the international application for a utility model in three copies

Where the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable, the Office may invite the applicant to furnish a translation of the priority document into the Slovak language or one of the official languages of the EPO, at the option of the applicant

Applicants who are not citizens of a Contracting State to the Agreement on the EEA, or who have neither a residence nor a place of business in a Contracting State to the Agreement on the EEA, must be represented by an attorney-at-law or a patent attorney registered in the Slovak Republic

Who can act as agent?

Applicants who are citizens of a Contracting State to the Agreement on the EEA, or who have a residence or place of business in a Contracting State to the Agreement on the EEA, may appoint any person to act as such

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

The procedure in the national Phase

SK.01 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). If the translation furnished to the Office contains only the description, the Office will invite the applicant to furnish the missing parts and will excuse the late furnishing, provided that the scope of the disclosure contained in the translation furnished to the Office is not broadened thereby.

SK.02 FEES (MANNER OF PAYMENT)

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

SK.03 POWER OF ATTORNEY

AP Art. 17(3)
An agent must be appointed by filing a power of attorney. A model is given in Annex SK.II.

SK.04 ANNUAL FEES

MF Art. 5, MF Art. 8
The fees for maintaining the patent in force are due for each year of the validity of the patent (refer to Annex SK.I). The first maintenance fee for the patent is payable upon invitation, within three months from the date of the decision on patent grant, for the period from the filing of the patent application including the year of the decision on grant; for each subsequent year of validity of the patent, the fees are due, without invitation, prior to the expiration of the preceding year of validity. If payment is not made within this time limit, it can still be made within six months from the due date, with a 100% surcharge.

SK.05 REQUEST FOR EXAMINATION

PA Art. 43(1)
A patent will be granted only after examination as to patentability which may be requested by the applicant or by a third party. There is no special form for the request.

SK.06 TIME LIMIT FOR REQUESTING EXAMINATION

PA Art. 43(2)
Examination must be requested within 36 months from the international filing date.

SK.07 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, PA Art. 45
The applicant may make amendments to the description, claims and drawings, until the decision granting the patent becomes definitive, provided that the subject matter of the amended application does not exceed the scope of the application as originally filed.

SK.08 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, a request for rejudgment of that decision may be filed within 30 days from the date of the notification of this decision.

SK.09 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PA Art. 51(1), PA Art. 51(3), PA Art. 51(4)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Time limits fixed by the Office for a certain action may be extended upon request. This request must be accompanied by a special fee for extension of time limits (refer to Annex SK.I).

SK.10 FURTHER PROCESSING

PA Art. 51(2), PA Art. 51(3)
If a party to the proceedings before the Office has failed to comply with the time limit set by the Office for performing an act, he is entitled to ask the Office for further processing and, at the same time, perform the omitted act within two months from the receipt of the Office’s decision issued as a consequence of failure to comply with the time limit. The request must be accompanied by a special fee (refer to Annex SK.I).

SK.11 RESTITUTIO IN INTEGRUM

PA Art. 52(1), PA Art. 52(2), PA Art. 52(3)
If, in spite of all due care required by the circumstances having been taken, a party to the proceedings before the Office has failed to comply with the statutory time limit or the time limit set by the Office for performing an act, where a consequence of non-performance of the act is the suspension of the proceedings or another right is lost, he is entitled to ask the Office for restitutio in integrum and at the same time perform the omitted act within two months from the removal of the cause for which he could not perform the act but no later than 12 months from the expiry of the non-complied time limit. The request must be accompanied by a special fee. The party to the proceedings shall justify the request and state particularly the facts which had prevented the performance of the act. Statements submitted after the expiry of any of the time limits set shall not be taken into consideration by the Office when making a decision about the request.

SK.12 UTILITY MODEL

PCT Art. 4.3, PCT Art. 43, PCT Art. 44, PCT Rule 4.12, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5, UM. Art. 57
If the applicant wishes to obtain utility model registration in the Slovak Republic on the basis of an international application

(i) instead of a patent or

(ii) in addition to a patent,

subject to what is said in paragraph 16, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

SK.13

If the international application is for a utility model instead of a patent (refer to the case referred to in paragraph SK.12), the requirements are basically the same as for patents except that the applicant is not required:

(i) to make a request for examination and

(ii) to pay annual fees.

Instead of annual fees, extension fees are due for utility models. The due date and amounts are indicated in Annex SK.I. By payment of extension fees the term of protection (which is four years from the filing date) may be extended twice, for a period of three years (up to a total term of protection of ten years from the filing date).

SK.14

PA. Art. 58(3), UM Art. 57(1)
If the international application is for both a utility model and a patent (refer to the case referred to in paragraph SK.12(ii), the applicant must, within the time limit applicable for the entry into the national phase, comply with the following requirements:

(i) furnish the international application (one copy for a patent, one copy for a utility model)

(ii) furnish the translation of international application in three copies for the patent and in three copies for the utility model.

The requirement (ii) may still be complied with within a time limit fixed in an invitation by the Office, if not already complied with within the time limit applicable for the entry into the national phase.

The applicant must pay two filing fees for both the patent and the utility model. The filing fee must be paid when filing the application or within 15 days from the receipt of the invitation to pay the filing fee.

SK.15

PCT Art. 7(2)(ii)
Where, in either of the cases referred to in paragraph SK. 12, the international application does not contain drawings, the Office will invite the applicant to furnish drawings within a time limit fixed in the invitation.

SK.16

UM. Art. 35
Where an applicant has filed a national or a European patent application for a European patent valid in the Slovak Republic, and subsequently files a utility model application concerning the same subject matter as the earlier patent application, he/she may claim the filing date of that earlier patent application provided the utility model application is filed within two months from the date on which the decision on the patent application becomes final, or, if no such decision has been taken, before the end of the tenth year from the date of filing of the patent application. Any priority which is claimed in the earlier patent application will also apply to the subsequent utility model application.

Annexes

Annex SK.I - Fees

Patents

Filing fee:

The filing fee is reduced by 50% where the application is filed by electronic means

— where the application is filed by an inventor or co-inventors

30 EUR

— where the application is filed by an applicant other than the inventor or by applicants other than the co-inventors

60 EUR

Fee for registration of the assignment of an application to another applicant

30 EUR

Fee for requesting examination:

— basic fee

116 EUR

— additional fee for each claim in excess of 10

20 EUR

Fee for the second and subsequent extensions of the time limit

20 EUR

Fee for further processing

66 EUR

Fee for restitutio in integrum

166 EUR

Fee for issue of patent specification not exceeding 10 pages

66 EUR

— for each additional page

10 EUR

Annual fees:

— for the 3^rd year

66 EUR

— for the 4^th year

82.50 EUR

— for the 5^th year

99.50 EUR

— for the 6^th year

116 EUR

— for the 7^th year

132.50 EUR

— for the 8^th year

149 EUR

— for the 9^th year

165.50 EUR

— for the 10^th year

199 EUR

— for the 11^th year

232 EUR

— for the 12^th year

265.50 EUR

— for the 13^th year

298.50 EUR

— for the 14^th year

331.50 EUR

— for the 15^th year

365 EUR

— for the 16^th year

398 EUR

— for the 17^th year

464.50 EUR

— for the 18^th year

531 EUR

— for the 19^th year

597 EUR

— for the 20^th year

663.50 EUR

Utility models

Filing fee:

The filing fee is reduced by 50% where the application is filed by electronic means

— where the application is filed by an inventor or co-inventors

34 EUR

— where the application is filed by an applicant other than the inventor or by applicants other than the co-inventors

68 EUR

Extension of validity of a utility model registration

If the utility model was entered in the Register of utility models after the expiration of its validity, the Office will invite the applicant to pay the fee for extension of validity within two months from the issuance of the certificate

— for the first time for three years

150 EUR

— for the first time for three years within six months after the expiration of the validity of a utility model

300 EUR

— for the second time for three years

300 EUR

— for the second time for three years within six months after the expiration of the validity of a utility model

600 EUR

How can payment of fees be effected?

The payment of fees must be effected in the following currency: Euro (EUR).

Payment must be effected to the account No. 7000060750/8180 of the Industrial Property Office of the Slovak Republic:

Bank name
State Treasury
Radlinského 32
810 05 Bratislava

Name of the account
Depozitný účet ÚPV SR BB

IBAN code
SK49 8180 0000 0070 0006 0750

BIC code
SPSRSKBA

Constant Symbol
0558

The person effecting the payment is obliged to indicate the variable symbol specified in the invitation of the Office to pay the fee.

For further information on payment of maintenance fees and payment of fees for utility models, please refer to:

http://www.upv.sk/?patents-maintenance-fees and

https://www.indprop.gov.sk/en/utility-models/utility-models/administrative-fees.

Forms

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

Annex SK.II - Power of attorney

Notes:
¹ ^a ^b ^c ^d ^eThe text of the laws may be obtained on the Internet at: http://www.upv.sk or http://www.indprop.gov.sk
² ^aThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Processing

SK - Slovakia
Industrial Property Office of the Slovak Republic

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

SK - Slovakia Industrial Property Office of the Slovak Republic

Error Information Warning Confirmation

SK - Slovakia
Industrial Property Office of the Slovak Republic