Patent

PATENT

A patent is an exclusive right granted by the state for an invention that is:

- new (an invention shall be deemed to be new if it does not form part of the state of the art);

- inventive step (an invention shall be deemed to involve an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the appropriate art);

- Industrial Applicability (an invention shall be considered to be susceptible of industrial application if its subject matter can be made or used in any kind of industry, including agriculture).

The subject matter of an invention protected by a patent may be a product (e.g. a device, substance, composition) or a process.

The subject matter protected by a patent may also be related to:

1) a product consisting of or containing biological material;

2) a process by means of which biological material is produced, processed or used;

3) a biological material isolated from its natural environment or produced by means of a technical process, even if it previously occurred in nature.

The following cannot be protected by a patent:

1) discoveries, scientific theories and mathematical methods;

2) aesthetic creations;

3) schemes, rules and methods for performing mental acts, playing games or doing business;

4) computer programs, and

5) presentations of information.

In Montenegro, inventions are protected by a patent according to the provisions of the Patent law (‘’Official Gazette of Montenegro’’, No. 42/15, 2/17, 146/21, 3/23 i 84/24), while the Rulebook on the content of the registers, applications and other submissions, method of filing applications and publication of information in the procedures for the legal protection of inventions (‘’Official Gazette of Montenegro’’, No. 8/16) shall regulate more detailed content the method of filing and attachments to the patent application, the method of drafting particular parts of a patent application, and data relevant to the deposit of biological material, the content and form of a patent certificate and patent specification, the content of information published in the official gazette, and other matters relevant to the legal protection of inventions.

The term of a patent shall be 20 years from the filing date of the application, provided that the prescribed maintenance fees have been paid.

A patent is a territorial right and is valid within the geographical boundaries of the country in which it is granted.

PATENT GRANT PROCEDURE

The patent grant procedure shall be instituted by the filing of an application with the Ministry of Economic Development. Patent application shall be submitted in writing, in two copies, in Montenegrin language, directly to the office of the Department for Intellectual Property (address Bulevar Svetog Petra Cetinjskog No. 147, Podgorica) or by post.

A patent application shall contain the following parts and they should be presented in the specified order:

1. a request for the grant of a patent 

2. a description of the invention (an invention shall be described in a manner that is clear and complete enough for the invention to be carried out by a person skilled in the art)

3. one or more claims for the protection of an invention by a patent - patent claims (patent claims shall define the subject matter for which protection is sought. The claims shall be clear, concise and fully supported by the description of the invention)

4. a drawing referred to in the description or claims, when appropriate;

5. an abstract (the abstract shall be a short summary of the essence of the invention and shall serve exclusively for the purpose of technical information).

The following shall be attached to the patent application:

1. proof of payment of the administrative fees

2. inventor’s statement that he does not wish his name mentioned in the application

3. power of representation, if the application is filed through a representative (which is mandatory when the patent application is submitted by a foreign legal entity or natural person)

4. statement on joint representative, if there is more than one applicant.

For more details on the method of submission, attachments to the patent application and the method of compiling individual parts of the patent application, we refer you to Art. 10, 11, 12, 13, 14, 15, 16, 17 and 18 of the aforementioned Rulebook on the content of the registers, applications and other submissions, method of filing applications and publication of information in the procedures for the legal protection of inventions.

The administrative fee for submitting a national application for patent granting is €50,00 for up to 10 patent claims, and €2,00 for each subsequent patent claim over 10 patent claims.Account for payment Administrative fee is: 832-3161910-97.

PROVING THE PATENTABILITY (substantive examination)

The patent holder is obliged to provide written proof that the invention is patentable, i.e. that it is new, innovative and industrially applicable, and to pay the prescribed administrative fee, at the latest by the end of the ninth year of the patent's validity. If the patent holder fails to provide the written evidence, the patent shall cease to exist on the date of the expiration of ten years of its duration.

Written evidence shall be a certified translation into Montenegrin of a specification of a patent granted for the same invention in the course of the substantive examination of a patent application carried out by national and international offices in accordance with the Patent Cooperation Treaty as well as other institutions, with which at the time of submission of the evidence of patentability competent authority has signed a cooperation agreement.

INTERNATIONAL PATENT PROTECTION

Legal protection of an invention outside the territory of Montenegro can be achieved in three ways:

- Through the national system

- Through the PCT System

- Through the European application system