Register Patent in Croatia

Croatia is a country with many advantages to develop inventions in many fields. Croatia has great potential for renewable energy, especially solar and wind energy. The country is investing in the development of new technologies to exploit these resources. Croatia has a traditional agricultural sector, but also has the potential to develop new agricultural technologies, such as precision agriculture and organic farming. Croatia has a well-developed healthcare system, and there are many opportunities to develop new inventions in this area, such as new medical devices and new treatments. In addition to these fields, Croatia also has the advantage of high-quality human resources, with many talented engineers and scientists. The Croatian government is also actively supporting the development of inventions and innovation, through grant programs and preferential policies. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Croatia through the article below.

Legal Basis

• Intellectual Property Law (Official Gazette No. 16/2020)

Definition of Invention in Croatia

A patent is a right granted to any invention, in any field of technology, that is new, has an innovative advancement, and has industrial applicability.

Conditions for registering a patent in Croatia

According to Article 6 of the Intellectual Property Law, the conditions for registering a patent as an invention must:

• New: has never been publicly disclosed before
• There is a creative progress: it is not obvious to the professional
• Capable of industrial applicability: can be produced or used in industry

The following objects are not considered inventions and are not protected by patents:

• Discoveries, scientific theories, and mathematical methods
• Aesthetic Creativity
• Rules, instructions, or methods for performing intellectual, gaming, or business activities
• Presentation of information

Types of patents that can be registered in Croatia

• Patents: This is a standard type of patent and is granted to new inventions, which have innovative advancements and have industrial applicability.
• Industrial design: This type of patent is similar to a patent but is usually easier and less expensive to obtain. It is granted to new inventions and can be applied in industry, but the requirement for creative advancement is lower than that of patents.
• Supplemental Protection Certificate (SPC): This type of patent is an extension of the term of a patent for a drug or plant protection product. It is issued to compensate for the time required to obtain regulatory approval for the product.

Patent registration dossier in Croatia

• 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.

Process of processing patent applications in Croatia

Filing of Patent Application

The process begins with filing a patent application with the State Intellectual Property Office (SIPO). The application must be in writing and can be submitted in person, by mail, or electronically.

Application Appraisal

SIPO reviews the application to ensure that it meets the formal requirements, e.g. payment of fees, Croatian translation (if applicable) and includes all required parts (patent requirements, patent description, claims, drawings and abstracts).

Search Report

If the application meets the formal requirements, SIPO will issue a conclusion inviting the applicant to request a search report. This report assesses the current state of technology related to patents.

Content due diligence request (Optional)

After receiving the search report, the applicant may request a substantive examination to determine whether the invention meets the patenting criteria (novelty, step of innovation, and industrial applicability).

Publication of applications

An application for patent registration is published in the official gazette of SIPO, usually 18 months after the filing date or priority date.

Due diligence (If required)

If the applicant requests due diligence, SIPO will assess whether the invention meets all the patent requirements. The applicant can respond to any objections raised during the due diligence process.

Patenting

If SIPO finds that the patent application meets all the requirements, it will proceed with the grant of the patent. The grant of a patent is published in the official gazette and the patent certificate is issued to the patent owner.

Patent registration in Croatia 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 Croatia.

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 Office (IB).

If you want to file an application for patent registration in Croatia, please contact Viet An Law for the most effective support.