A new law will come into force in Montenegro on 6th August 2015.  Inter alia, the new law introduces provisions relating to the substantive examination of patent application - until now, only formal examination has been carried out.  Under the new law, the applicant must submit proof of patentability of the invention before the end of the 9th year of its term of validity and pay the prescribed official fee, otherwise the patent will cease to exist at the end of the 10th year of its validity. This proof of patentability must be a certified copy in the Montenegrin language of a patent granted for the same invention following substantive examination conducted by certain Patent Offices.

 

In addition, the new law allows patentees who failed to maintain their rights acquired in the State Union of Serbia and Montenegro by 3rd June 2006, or in the Republic of Serbia by 28th May 2008, to revalidate their rights in Montenegro.  The request for revalidation must be filed before 6th February 2016 (6 months from the date of entry into force of the new law) and the relevant outstanding annuities must be paid. The same is possible in respect of European patents extended to Serbia before the cooperation and extension agreement between the EPO and Montenegro came into force in 1st March 2010.

 

Please do not hesitate to contact us should you require any further information or assistance in this regard.