Patent protection in Montenegro

Montenegro, despite being a small country, has the potential to develop inventions in certain areas, taking advantage of the country’s available resources and development trends. Montenegro has significant potential for hydropower, solar energy, and wind energy. Innovations in this area, such as energy storage technology, smart energy management systems, and efficient energy solutions, can help Montenegro efficiently exploit renewable energy sources and reduce its dependence on fossil fuels. With its diverse natural landscapes, stunning Adriatic coastline, and rich cultural heritage, tourism is an important industry of Montenegro. Innovations focused on sustainable tourism, such as destination management technology, eco-friendly accommodation solutions, and unique travel experiences, can help Montenegro attract environmentally conscious tourists and develop the tourism industry in a sustainable way. Montenegro has a long agricultural tradition and produces high-quality products such as wine, olive oil, and dairy products. Inventions in the fields of agricultural technology, food processing and preservation of agricultural products can help improve productivity and product quality, and promote exports. To fully exploit this potential, Montenegro needs to focus on building a robust innovation ecosystem, including investing in research and development, supporting startups, and creating a favorable regulatory environment for invention and innovation. Therefore, more and more individuals and organizations want to register their inventions here, Viet An Law would like to guide customers to protect patent in Montenegro through the following article.

Legal Basis

• Patent Law (Official Gazette of Montenegro, Nos. 42/2015, 2/2017, 146/2021 and 3/2023)

Definition of “patent” at Montenegro

In Montenegro, according to the Patent Law (Official Gazette of Montenegro, Nos. 42/2015, 2/2017, 146/2021 and 3/2023), a patent is an exclusive right granted to an invention that meets the following conditions:

• Novelty: The invention has never been published or disclosed to the public anywhere in the world prior to the date of filing the patent application. This includes any disclosure through publication, presentation, use, or any other medium.
• Creative advancement: The invention must not be obvious to someone with expertise in the technical field. This means that the invention must include an innovative advancement step that is not simply a combination or variation of existing knowledge or technique.
• Industrial applicability: The invention must be able to be created or used in any type of industry. This means that the invention must have a practical application and cannot be just theoretical or abstract.

A patent grants the owner an exclusive right to prevent or terminate the commercial exploitation of the patented invention without permission for a period of 20 years from the date of filing the patent application.

Rights granted when patent rights are granted

• Manufacture, use, offer for sale, sell, or import a patented product or process.
• Warehousing of patented products for the purpose of offering, selling, or importing.
• Use the patented process or solicit its use.

Types of patents that can be registered in Montenegro

• National Patents: These are patents issued by the Intellectual Property Office of Montenegro (IPOM) and are valid only within the territory of Montenegro. National patent applications can be filed directly with IPOM.
• European Patents: Since Montenegro joined the European Patent Organization (EPO) in October 2022, European patents are now directly valid and can be enforced in Montenegro. This means that European patents issued by the European Patent Office (EPO) will automatically extend their protection to Montenegro without the need for any additional confirmation procedures.

Patent registration dossier in Montenegro

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Montenegro through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Montenegro.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Bureau (IB).

If you want to file a patent application, please contact Viet An Law for the most effective support.