WIPO - PCT Applicant's Guide MK - North Macedonia
State Office of Industrial Property (North Macedonia)

Applicable as from 15 September 2023
(published on 21 June 2024)

Summary of latest changes in this version
From now on, you will find here a summary of changes to each new version of the PCT Applicant's Guide, as well as the detailed list of these changes. Moreover, you can now easily access the historical versions of the Guide.
GENERAL INFO: Contact details
RO: Languages, Electronic filing

Consult the full list of the changes

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 Office of Industrial Property (North Macedonia)
MPL: Law on Industrial Property
The text may be obtained on the Internet at:
http://www.ippo.gov.mk
LAP: Law on Administrative Procedure
List of currencies used in this document:
CHF (Swiss franc), MKD (Macedonian denar)
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:
North Macedonia
Two-letter code:
MK
North Macedonia - State Office of Industrial Property (North Macedonia)
Name of Office:
State Office of Industrial Property (North Macedonia)
Location:
Str. Dame Gruev
No. 14
1000 Skopje
North Macedonia
Mailing address:
Same as above
Telephone:
(389-2) 310 36 01
E-mail:
info@ippo.gov.mk
Website:
Facsimile:
(389-2) 313 71 49
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
Yes, within 14 days from the date of the transmission, if the transmitted document is the international application or a replacement sheet containing corrections or amendments of the international application
No, only upon invitation in the case of other documents
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 is:
DHL
Federal Express
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)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
EP
European Patent Organisation - European Patent Office (EPO)
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
, 
MK
North Macedonia - State Office of Industrial Property (North Macedonia)
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: MK
European patent: EP
Types of protection available via the PCT:
National:
Patents
European:
Patents
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 European patent:
A published European patent application provisionally confers the protection conferred by Articles 17(3), 17(4), 121(2), 291 and 294 of the Industrial Property Act (rights to recover damages for infringement and prohibit infringing acts) as from the date on which a translation of the claims of the published European patent application into Macedonian has been communicated by the applicant to the person using the invention in North Macedonia.
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:
Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit 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:
North Macedonia
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:
3
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
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 must 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)).
For the relevant notification by the Office, refer to Official Notices (PCT Gazette) dated 19 May 2022, pages 135 et seq.
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
European Patent Organisation - European Patent Office (EPO)
Competent International Preliminary Examining Authority:
EP
European Patent Organisation - European Patent Office (EPO)
Fees payable to the RO:
Transmittal fee:
2,700 MKD
International filing fee:
Equivalent in MKD of 1,330 CHF
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
Equivalent in MKD of 15 CHF
Electronic filing (the request in character coded format):
Equivalent in MKD of 200 CHF
Electronic filing (the request, description, claims and abstract in character coded format):
Equivalent in MKD of 300 CHF
Search fee:
Equivalent in MKD of the search fee payable to the European Patent Office in EUR:
Refer to
Annex D(EP)
Fee for priority document (PCT Rule 17.1(b)):
550 MKD
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
1,000 MKD
Is an agent required by the receiving Office?
No, if the applicant resides in North Macedonia
Yes, if the applicant is a non-resident
Who can act as agent?
Any natural or legal person registered to practice before the Office
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?
No
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?
No
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:
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 Office of Industrial Property (North Macedonia) with any international depositary institution recognized by the Office (a list is published in the official journal of the Office). The furnishing of samples to a third party may be subject to the condition that that party:
(a) has a right to demand that a sample of the viable biological or microbiological material be made available
(b) has undertaken to ensure that the applicant does not authorize access to the sample of the deposited viable biological or microbiological material to any third party before the expiry of the prescribed period of validity of the patent

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):
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Macedonian
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
Under PCT Article 39(1): Description, claims, any text matter of drawings (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?
No
National fees:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Filing fee
800 MKD
Exemptions, reductions or refunds of fees:
None
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 North Macedonia
Statement justifying the applicant’s right to the priority application where the applicants are not identical
This requirement may be satisfied if the corresponding declaration has been made in accordance with Rule 4.17.
Evidence concerning exceptions to lack of novelty if the applicant claims such exceptions in respect of an international application
Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in computer readable form
Who can act as agent?
Any natural or legal person registered to practice before the Office
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

MK.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).
MK.02 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex MK.I.
MK.03 EXAMINATION
MPL Art. 52, MPL Art. 56
A patent will only be granted after substantive examination. Preferably, on entry into the national phase, or within six months of this date the applicant should furnish the Office with a statement concerning examination. This statement shall indicate whether examination has been or shall be carried out either by one of the PCT International Searching Authorities or International Preliminary Examining Authorities (refer to Annex D or E), or a searching or examining authority that has entered into an agreement for search and examination with the Office or by the Office. The examination report should be furnished to the Office together with a translation in Macedonian within six months of the date of receipt.
MK.04
Where substantive examination by an authorized Office (refer to MK.03) has not been performed prior to entry into the national phase, such a request must be made within two years.
MK.05 REPRESENTATION
MPL Art. 22, MPL Art. 279
Where the ordinary residence or principal place of business of the applicant is outside North Macedonia, an agent who is a resident of North Macedonia and who is registered to practice before the Office must be appointed for the purposes of national processing.
MK.06 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, MPL Art. 50
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 broadened thereby.
MK.07 MAINTENANCE FEES
MPL Art. 24, MPL Art. 86(2)
Maintenance fees are due from the international filing date for maintaining the patent in force. Payment of the maintenance fees for subsequent years must be made before the anniversary of the international filing date of the application. If payment is not made within this time limit, it may be made together with a 25% surcharge, within three months after the due date or, together with a 100% surcharge, within a further period of six months. The amounts of the maintenance fees are indicated in Annex MK.I.
MK.08 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis, LAP Art. 106, LAP Art. 107, LAP Art. 108, LAP Art. 109, LAP Art. 110, LAP Art. 111
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Where, during the international phase or before the Office, the applicant has missed a time limit for performing any act in relation to the international application, such time limit may be extended by the Office. The excuse of delay procedure is available to:
(1) parties which have been delayed in performing certain actions due to justifiable reasons
(2) parties which have failed to submit the application in time because it was submitted to an unauthorized authority due to lack of awareness or obvious mistake; and
(3) parties which have missed prescribed deadlines due to lack of awareness or obvious mistake but submit the application or relevant papers to the competent authority within three days after the deadline and where delay would mean that the party would lose rights
The request for excuse of delay must explain the circumstances which caused the delay and include the paper(s) sought to be submitted late. The request for excuse of delay must be submitted within eight days from the day on which the circumstance 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. Requests for excuse of delay are acceptable only up until three months from the day when the delayed paper or action was due.
MK.09
MPL Art. 268, MPL Art. 269, MPL Art. 270
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 and if the applicant has later learned of this failure, counting from the day he learned of it, but not later than twelve months from the expiration of the time limit which has not been observed. Within the said three months, the omitted action must be completed, the fee for reinstatement of rights and any late payment fees (refer to Annex MK.I) must be paid and the request must set out the facts on which it relies.
MK.10
MPL Art. 265, MPL Art. 266, MPL Art. 267
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. The continued processing may not be requestd for certain time limits set out in MPL Art. 267. 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. After the expiry of six months from the date of omission, continued processing may not be requested.
MK.11 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51, MPL 20
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, an appeal against this decision may be filed with the Administrative Court of Macedonia in accordance with the Law on Administrative Disputes within 30 days from the date of receipt of the decision.

Annexes

Annex MK.I - Fees
Filing fee
800 MKD
Publication fee
1,500 MKD
Maintenance fees:
— for the 3rd year
800 MKD
— for the 4th year
1,000 MKD
— for the 5th year
1,200 MKD
— for the 6th year
1,400 MKD
— for the 7th year
1,600 MKD
— for the 8th year
1,800 MKD
— for the 9th year
2,000 MKD
— for the 10th year
3,000 MKD
— for the 11th year
4,000 MKD
— for the 12th year
5,000 MKD
— for the 13th year
6,000 MKD
— for the 14th year
7,000 MKD
— for the 15th year
8,000 MKD
— for the 16th year
9,000 MKD
— for the 17th year
10,000 MKD
— for the 18th year
11,000 MKD
— for the 19th year
12,000 MKD
— for the 20th year
13,000 MKD
Fee for restoration of the right of priority
1,000 MKD
Surcharge for the late payment of maintenance fees:
— fees paid within 3 months
25% of the amount due
— fees paid within 6 months
50% of the amount due
How can payment of fees be effected?
Filing and maintenance fees must be paid by money order, cheque or bank transfer to a budget account of North Macedonia No. 1000 000 000 63095; suspense account No. 840-identification of the municipality-03135; revenue code: 722319; manner: 2. All payments should include the complete application number, the name of the applicant and the type of fee being paid.
The publication fee must be paid to the account of the State Office of Industrial Property (North Macedonia):
Account No. 1000 000 000 63095; account user 1100200213-787-13; revenue code and program: 724149-20; manner: 1; tax number of IPPO: 4030994253825, depositor of National Bank.
Forms
Please refer to the Office.
Current version applicable from 15 Sep 2023 , printed on 31 Oct 2024
2.0 #62 - 2024-08-16T14:11:11.727+02:00