PCT Applicant's Guide Croatia - Valid as from 5 Jul 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Applicable as from 5 July 2024

(published on 5 July 2024)

Summary of latest changes in this version
Useful information: Useful information
GENERAL INFO: Contact details
National Chapter: Forms

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, 1 Jan 2024, 19 Jan 2024, 11 Apr 2024, Current Version

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: State Intellectual Property Office (Croatia)

PL: Patent Law of 20 February 2020

PReg: Patent Regulations of 16 May 2020

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:

Croatia

Two-letter code:

Name of Office:

State Intellectual Property Office (Croatia)

Location:

Ulica grada Vukovara 78
10000 Zagreb
Croatia

Mailing address:

Same as above

Telephone:

(385-1) 6106 100

E-mail:

info@dziv.hr

Website:

http://www.dziv.hr

Facsimile:

(385-1) 6109 660

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,

HR,

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: HR

European patent: EP

Types of protection available via the PCT:

National:

Patents,

Utility models

European:

Patents

Payment methods accepted by the Office:

The payment of the fees has to be effected in Euro. Payment may be effected by transfer to the following bank:

Bank name and address
Croatian National Bank
Trg hrvatskih velikana 3
10000 Zagreb
Croatia

Account holder name and address
Ministry of Finance of the Republic of Croatia
Katanciceva 5
10000 Zagreb
Croatia

Account name
State Budget of the Republic of Croatia

Account number / IBAN
HR12 1001 0051 8630 0016 0

BIC/SWIFT Code
NBHRHR2XXXX

Payment relating to Renewal fees for European patents must include the following details:

MODEL
HR63

PNB
5657-6179-140007 (in the remarks field)

All payments must include the name of the patent applicant/holder and one of the following information:

— the international application/patent number or

— the European patent number

This information should be entered in the free text field of the payment order

Any additional exchange and/or bank fees must be paid separately, so as not to reduce the amount of the respective annual fee. In the case of insufficient payment, the Office will send an invitation to pay the difference up to the legally prescribed fee amount, or the right will be lost

The evidence of payment should be submitted to the Office either by e-mail or by other suitable means

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:

The applicant must submit to the Office a translation of the international application into Croatian. The provisional protection (refer to Article 95 of the Patent Law) applies as from the date of the publication of the translation of the international application in the Official Gazette of the State Intellectual Property Office (Croatia) (refer to Article 59 of the Patent Law).

Where the designation is made for the purposes of an extended European patent:

A published European patent application shall provisionally confer the protection as conferred by a published national patent application under Article 95 of the Patent Law as from the date on which a translation of the published European patent application into the Croatian language has been communicated by the applicant to the person using the invention in Croatia.

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

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 two months from the date of receipt of the invitation or to furnish not later than four months from the date of entry into the national phase a statement that the inventor wishes not to be named.

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:

Croatia

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 (PCT Rule 12.3).

Croatian,

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?

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 23 March 2023, pages 76 et seq.

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. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

Yes, the Office accepts XML and PDF files filed using 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?

Yes

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:

Competent International Preliminary Examining Authority:

Fees payable to the RO:

Transmittal fee:

26.54 EUR

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:

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

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)

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

19.91 EUR

— for each additional priority document:

plus 6.64 EUR

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

26.54 EUR

Is an agent required by the receiving Office?

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

Who can act as agent?

A list of patent representatives is available on the website of the Office at:
http://www.dziv.hr/en/representation-before-sipo/patent-representatives/

1. any natural person who is a citizen of the Republic of Croatia or a citizen of a Contracting State of the Agreement on the European Economic Area (hereinafter: the EEA), having permanent residence in the Republic of Croatia or in a Contracting State of the EEA, holding a university degree in technical or natural sciences and having passed the professional examination for patent representative before the Office

2. any natural person who is a citizen of the Republic of Croatia or a citizen of a Contracting State of the EEA, having permanent residence in the Republic of Croatia or in a Contracting State of the EEA, holding a university degree in an area other than technical or natural sciences, having at least five years of working experience in jobs relating to the acquisition and maintenance of industrial property rights, obtained after completing the studies and having passed the professional examination for patent representative before the Office

3. an attorney entered in the Register of Attorneys maintained by the Croatian Bar Association who passed the professional examination for patent representative before the Office, or a law firm employing such an attorney or cooperating with him pursuant to some other contractual relationship

4. any legal person with a registered office in the Republic of Croatia or in a Contracting State of the EEA, employing at least one person meeting the conditions referred to in point 1 or 2 of this paragraph or cooperating with such person pursuant to some other contractual relationship and performing the activities of representation before the Office as its registered activity

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):

Where applicant requests publication earlier than 18 months from the priority date, not later than that request

— 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 microorganism

Additional information

Deposits may also be made for the purposes of patent procedure before the State Intellectual Property Office (Croatia) with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty. Samples shall be, upon request, made available between the publication of the application and the granting of the patent to anyone requesting them, or, if the applicant so requests, only to an independent expert, or to, after the patent has been granted, and notwithstanding cancellation or revocation of the patent, anyone requesting them. Samples shall be made available only if the person requesting them undertakes, for the term during which the patent is in force:

1. not to make them or any material derived from them available to third parties;

2. not to use them or any material derived from them except for experimental or research purposes, unless the applicant for or owner of the patent, as applicable, expressly waives such undertaking.

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

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

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

Fee for reinstatement of rights

106.18 EUR

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).

Croatian

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, as amended only, 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, only as amended by the annexes to the international preliminary examination report)

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

Does the Office accept color drawings under its national law?

The Office accepts the filling of color drawings, but it does not allow for the end-to-end processing in color.

National fees:

Patents

Filing fee:

— up to 30 sheets and 10 claims:

159.27 EUR

— for each additional sheet:

0.66 EUR

— for each additional claim:

1.33 EUR

Utility models

Filing fee:

— up to 30 sheets and 10 claims:

100.87 EUR

Exemptions, reductions or refunds of fees:

Refer to:
http://www.dziv.hr/files/file/obrasci/patent/Tehnicke_specifikacije_prijava_patenta.pdf

Filing fee, examination fee, publication and maintenance fees are reduced by 50% where the applicant is also the inventor

The filing fee is reduced by 50% if the application is filed by electronic means; the same reduction applies where the text of the patent application filed on paper has been furnished additionally on an electronic carrier in accordance with the technical specifications published on the Office’s website

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 of two months from the date of the invitation.

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

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)

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)

Who can act as agent?

A list of patent representatives is available on the website of the Office at:
http://www.dziv.hr/en/representation-before-sipo/patent-representatives/

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

The procedure in the national Phase

HR.01 FORM FOR ENTERING THE NATIONAL PHASE

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

HR.02 LANGUAGE OF PROCEEDINGS

The language of proceedings is Croatian.

HR.03 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).

HR.04 FEES (MANNER OF PAYMENT)

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

HR.05 APPOINTMENT OF AGENT

PL Art. 17
An agent must be appointed by filing a power of attorney if the applicant is not a resident in Croatia. A foreign legal or natural person may however, without a representative, file a patent application, perform other acts relating to the establishment of the filing date of a patent application, file true copies of the first patent application (when claiming a priority right), receive notifications relating to the above mentioned procedures and pay the administrative fees and procedural charges. In these cases, a foreign legal or natural person shall communicate to the Office the address for correspondence, which shall be in the territory of Croatia.

HR.06 ANNUAL FEES

PL Art. 88
Annual fees shall be paid to the Office from the third anniversary of the international filing date. A period of grace of six months shall be allowed for the late payment of the annual fee on payment of the prescribed surcharge. The amounts of the annual fees and the surcharge are indicated in Annex HR.I.

HR.07 EXAMINATION

PL Art. 61
The applicant may file a request for substantive examination until the expiry of the six-month time limit after the publication of the search report in the Official Gazette of the Office.

HR.08

During the substantive examination procedure, novelty, inventive step and industrial applicability are examined.

HR.09 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, PL Art. 55
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 cannot amend the description, claims and drawings of the application before having received a search report on the state of the art. After receipt of the search report, the applicant may, of his own volition, amend the description, claims and drawings once, provided that the amendment is filed together with a response to the report.

HR.10 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, PCT Rule 82ter, PL Art. 18
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, the decision issued by the Office cannot be appealed, but an administrative dispute can be instituted before the Administrative court in Zagreb. The procedure before the Administrative Court is deemed urgent.

HR.11 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 49.6, PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

HR.12

PL Art. 28, PReg. 6
Reinstatement of rights may be requested where the applicant, in spite of all due care required by the circumstances, failed to observe a time limit set by the Office, which is prejudicial to his rights. A request for reinstatement must be presented in writing within:

— three months after the removal of the cause of the failure to observe the time limit or 12 months after the expiry of the missed time limit if the request for reinstatement relates to the non-payment of maintenance fee, or

— 12 months after the expiry of the additional 6 months time limit for payment, whichever time limit expires earlier.

Within the said time limits, the omitted action must be completed, the fee for reinstatement of rights (refer to Annex HR.I) must be paid and the request must set out the facts on which it relies.

HR.13

PL Art. 29
Continued processing may be requested where the applicant failed to observe a time limit fixed by the Office and that failure directly causes a loss of rights conferred by a patent application or a patent. Continued processing may not be requested for certain time limits set out in PL Art. 29. The request for continued processing must be filed within two months from the day on which the applicant learned of the legal consequences. The Office shall authorize continued processing if the applicant files a request, performs all the omitted acts within the time limit, and pays the prescribed fee.

HR.14 UTILITY MODEL

PL Art. 71, PL Art. 72, PL Art. 73, PL Art. 74, PL Art. 75, PL Art. 76, PL Art. 77
If the applicant wishes to obtain utility model protection on the basis of an international application instead of a patent, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office by entering the national phase as a utility model application.

A utility model shall be registered for an invention whose subject-matter of invention is patentable in compliance with the Patent Law. A utility model shall not be registered for an invention in the field of biotechnology; a chemical or pharmaceutical substance; an invention where its commercial exploitation would be contrary to public order or morality, where exploitation shall not be considered contrary to public order or morality only because such exploitation is forbidden by law or another regulation; and an invention which refers to a process.

The maximum term of protection of a utility model is 10 years from the date of filing of the application for a utility model. The holder of a registered utility model may request substantive examination to determine whether the invention is new, inventive and industrially applicable. Such a request may be submitted no later than upon expiry of the seventh year of duration of the utility model (refer to Annex HR.III).

HR.15 RECORDING OF CHANGES

Preg. 32
A request for the recording of changes shall be filed on Form P-2 (refer to Annex HR.IV).

Annexes

Annex HR.I - Fees

Patents

Filing fee:

— up to 30 sheets and 10 claims:

159.27 EUR

— for each additional sheet:

0.66 EUR

— for each additional claim:

1.33 EUR

Application filed in electronic format:

50% of the applicable fee

Fee for requesting examination on the basis of the request for substantive examination:

265.45 EUR

Fee for reinstatement of rights:

106.18 EUR

Publication fee for granted patent or registered utility model:

21.24 EUR

Fee for issuing patent specification or utility model specification and re-issuing:

39.82 EUR

Maintenance fees:

— for the 3^rd year:

34.51 EUR

— for the 4^th year:

42.47 EUR

— for the 5^th year:

58.40 EUR

— for the 6^th year:

74.32 EUR

— for the 7^th year:

84.94 EUR

— for the 8^th year:

108.83 EUR

— for the 9^th year:

124.76 EUR

— for the 10^th year:

159.27 EUR

— for the 11^th year:

199.08 EUR

— for the 12^th year:

238.90 EUR

— for the 13^th year:

278.72 EUR

— for the 14^th year:

305.26 EUR

— for the 15^th year:

345.08 EUR

— for the 16^th year:

398.17 EUR

— for the 17^th year:

464.53 EUR

— for the 18^th year:

610.52 EUR

— for the 19^th year:

769.79 EUR

— for the 20^th year:

915.79 EUR

Surcharge for late payment of the annual fee:

100% of the applicable annual fee

Fee for restoration of the right of priority:

26.54 EUR

Utility models

Filing fee:

— up to 30 sheets and 10 claims:

100.87 EUR

Application filed in electronic format:

50% of the applicable fee

Publication fee for granted patent or registered utility model:

21.24 EUR

Maintenance fees:

— for the 3^rd year:

34.51 EUR

— for the 4^th year:

42.47 EUR

— for the 5^th year:

58.40 EUR

— for the 6^th year:

74.32 EUR

— for the 7^th year:

84.94 EUR

— for the 8^th year:

108.83 EUR

— for the 9^th year:

124.76 EUR

— for the 10^th year:

159.27 EUR

Surcharge for late payment of the annual fee:

100% of the applicable annual fee

How can payment of fees be effected?

The payment of the fees has to be effected in Euro. Payment may be effected by transfer to the following bank:

Bank name and address
Croatian National Bank
Trg hrvatskih velikana 3
10000 Zagreb
Croatia

Account holder name and address
Ministry of Finance of the Republic of Croatia
Katanciceva 5
10000 Zagreb
Croatia

Account name
State Budget of the Republic of Croatia

Account number / IBAN
HR12 1001 0051 8630 0016 0

BIC/SWIFT Code
NBHRHR2XXXX

Payment relating to Renewal fees for European patents must include the following details:

MODEL
HR63

PNB
5657-6179-140007 (in the remarks field)

All payments must include the name of the patent applicant/holder and one of the following information:

— the international application/patent number or

— the European patent number

This information should be entered in the free text field of the payment order

The evidence of payment should be submitted to the Office either by e-mail or by other suitable means

Forms

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

Annex HR.II - Request for processing patent application

Annex HR.III - Request for registration of a utility model

Annex HR.IV - Request for recording of changes

Change(s) as of 5 July 2024 (Highlighted in blue for easy reference. Mouse hover the text to consult previous value)

Useful information

List of currencies used in this document:

EUR (Euro)

Annex B - Information on Contracting States or Intergovernmental Organization

Facsimile:

(385-1) 6109 660

Annex C - Receiving Office

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

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 23 March 2023, pages 76 et seq.

Yes, the Office accepts XML and PDF files filed using ePCT-Filing

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:

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

16 EUR

Summary of requirements for entry into the national phase

Exemptions, reductions or refunds of fees:

Refer to:
http://www.dziv.hr/files/file/obrasci/patent/Tehnicke_specifikacije_prijava_patenta.pdf

Filing fee, examination fee, publication and maintenance fees are reduced by 50% where the applicant is also the inventor

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

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

Processing

WIPO - PCT Applicant's Guide HR - Croatia
State Intellectual Property Office (Croatia)

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

WIPO - PCT Applicant's Guide HR - Croatia State Intellectual Property Office (Croatia)

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide HR - Croatia
State Intellectual Property Office (Croatia)