NN 173/2003, in force from January 1, 2004  
*NN 87/2005, in force from July 18, 2005 
**NN 76/2007, in force from July 31, 2007 
***NN 30/2009, in force from March 17, 2009  
****NN 128/2010, in force from November 25, 2010  
*****NN 49/2011, in force from May 7, 2011 
******NN 76/2013, in force from June 29, 2013  
*******NN 46/2018, in force from May 26, 2018  
 
 
Zagreb May, 2018 
Patent  
 
Act 
 
 
And 
 
THE ACTS  
ON AMENDMENTS  
TO THE PATENT ACT  
*/**/***/****/*****/******/******* Patent Act and  
THE ACTS ON AMENDMENTS TO THE PATENT ACT */**/***/****/*****/******/******* 
 
May 2018     2  
   Patent Act and  
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May 2018     3  I. GENERAL PROVISIONS  
 
Article 1  
(1) This Act regulates the system of protection 
of an invention by a patent or a consensual 
patent.  
(2) The provisions of this Act shall apply mutatis 
mutandis  to a consensual patent, unless 
expressly provided otherwise.  
 
Article 2  
A patent is the exclusive right protectin g a patent 
owner in respect of the economic exploitation of an 
invention.  
 
Article 3  
Foreign natural and legal persons not having a 
principal place of business, a domicile or a habitual 
residence in the territory of the Republic of Croatia 
shall enjoy the protection provided by this Act, if 
that results from international treaties binding the 
Republic of Croatia, or from the application of the 
principle of reciprocity.  
 
Article 4  
A natural or a legal person not having a principal 
place of business, a domicile or a habitual 
residence in the territory of the Republic of Croatia 
must be represented before the State Intellectual 
Property Office (hereinafter: the Office) by a 
representative entered in the Register of 
Representatives kept by the Office.  
II. SUBJEC T MATTER OF  
PATENT PROTECTION  
PATENTABLE INVENTION  
Article 5  
(1) A patent shall be granted for any invention, in any field of technology, which is new, 
which involves an inventive step and which is 
eligible for industrial application.  
(2) According to the conditi ons set out in 
paragraph (1) of this Article, a patent shall 
also be granted for an invention
 which 
concerns:   
1. a product consisting of or containing 
biological material;  
2. a process by means of which the 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 .  
(3) The biological material referred to in 
paragraph (2) of this Article shall be any 
material containing genetic information and 
capable of reproducing itself or being 
reproduced in a biological system.  
(4) According to the conditions set out in 
paragraph (1) of this Article, an invention 
which concerns plants or animals shall be 
considered patentable if the technical 
feasibility of the invention is not confined to 
a particular plant or animal variety and if the 
process for carrying out the invention is not 
essentially biological.  
(5) A process for the production of plants and 
animals referred to in paragraph (4) of this 
Article is essentially biological if it entirely 
consists of natural processes such as 
crossing or selection.  
(6) The following in particular shall not be 
considered to be the inventions within the 
meaning of paragraph (1) of this Article:  
1. discoveries, scientific theories and 
mathematical methods,  
2. aesthetic creations,  
3. rules, instructions or methods for performing mental activities, playing games or doing business,  
4. presentation of information, and  
5. computer programs.  
EXCLUSION FROM PATENTABI LITY 
Article 6  
Excluded from patent protection shall be:  
1. inventions which concern animal breeds, plant varieties and essentially biological 
processes for the production of plants or 
animals, with the exception of inventions which concern non -biological and  
microbiological processes and products 
resulting from such processes, as 
provided for in Article 5, paragraph (4) of 
this Act; a microbiological process shall imply, under this Act, any process 
involving or performed upon or resulting 
in microbiological m aterial.  
2. the human body, at the various stages of its formation and development, and the 
simple discovery of one of its elements, Patent Act and  
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May 2018     4  including the sequence or partial 
sequence of a gene. An invention relating 
to an element isolated from the human 
body or othe rwise produced by means of 
a technical process, including the sequence or partial sequence of a gene, 
may constitute a patentable invention, 
even if the structure of that element is identical to that of a natural element. 
The industrial application of a se quence 
or a partial sequence of a gene must be 
disclosed in the patent application as 
originally filed.  
3. inventions which concern diagnostic or surgical methods or methods of 
treatment practiced directly on the 
human or animal body, with the 
exception of th e products, in particular 
substances or compositions used in such methods.  
 
Article 7  
(1) Inventions shall be considered unpatentable 
where their commercial exploitation would be contrary to public order or morality.  
(2) The following, in particular, shall be considered as inventions referred to in 
paragraph (1) of this Article:  
1. processes for cloning human beings;  
2. processes for modifying the germ line genetic identity of human beings;
 
3. uses of human embryos for industrial or commercial purposes; and
 
4. processes for mo difying the genetic 
identity of animals which are likely to 
cause them suffering without any 
substantial medical benefit to man or 
animal, and also animals resulting from 
such processes.  
NOVELTY OF AN INVENTION  
Article 8  
(1) An invention shall be new if it does not form 
part of the state of the art.  
(2) The state of the art shall comprise everything 
made available to the public at the global 
level by means of written or oral description, 
by use or in any other way prior to the filing 
date of the patent applicati on. 
(3) The state of the art shall also include the 
content of all patent applications as filed with 
the effect for the Republic of Croatia, the 
filing dates of which are earlier than the date of application referred to in paragraph (2) of this Article, and wh ich were made available 
to the public only on, or after the date of 
filing the patent application, through the 
publication effected in the manner as 
provided in this Act.  
(4) The provisions laid down in paragraphs (1) to (3) of this Article shall not exclude the 
possibility for patent protection of substances 
or compositions forming part of the state of 
the art, and used in processes referred to in 
Article 6, paragraph (3) of this Act, provided 
that their use in the mentioned processes 
does not form part of the  state of the art.  
NON-PREJUDICIAL DISCLOSURE OF 
THE INVENTION  
Article 9  
An invention shall also be considered to be new if not more than six months prior to the filing date of 
the patent application it formed part of the state of 
the art due to or in consequence of:  
1. an evident abuse in relation to the patent applicant or his legal predecessor, or  
2. the display at an official or officially recognized international exhibition in 
compliance with the Convention on 
International Exhibitions signed at Paris on 22 November 1928 and last revised 
on 30 November 1972, provided that the 
applicant indicates in the patent 
application, at the time of its filing, that 
the invention has been so displayed, and submits a corresponding certificate to 
that effect not later than 4 months from 
the filing date of the application.  
INVENTIVE STEP  
Article 10  
(1) An invention shall involve an inventive step 
if, having regard to the state of the art it is 
not obvious to a person skilled in the art.  
(2) In deciding whether an invention invol ves an 
inventive step, the content of the 
applications referred to in Article 8, 
paragraph (3) of this Act shall not be taken 
into consideration.  
INDUSTRIAL APPLICABILITY  
Article 11  
An invention shall be industrially applicable if its 
subject matter can be  manufactured or used in any 
kind of industry, including agriculture.  Patent Act and  
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May 2018     5  III. RIGHT TO THE ACQUISITION OF A 
PATENT 
PERSONS ENTITLED TO ACQUIRE A 
PATENT FOR AN INVENTION  
Article 12  
(1) The right to a patent shall belong to the 
inventor or his successor in title.  
(2) If the invention has been created jointly by two or more inventors, the right to a patent shall belong jointly to the inventors or their 
successors in title.  
INVENTOR  
Article 13  
(1) An inventor shall be the person who has 
created an invention in the course of his 
creative work.  
(2) Any person who has contributed to the creation of an invention by providing only technical assistance shall not be considered 
to be the inventor.  
(3) The inventor shall have the moral right to be 
indicated as such in the patent application, in 
all the documents issued in relation to the patent grant, and in the Office Register of Applications and Register of Patents.  
(4) The inventor’s moral right shall not be transferable.  
INVENTOR’S SUCCESSOR IN TITLE  
Article 14  
(1) The inventor’s successor in title shall be a legal or a natural person entitled to acquire a 
patent by virtue of law, legal transaction or 
inheritance.  
(2) An employer shall be considered to be the 
inventor’s successor in title where, by virtue 
of the applicable law or work contract, he 
has the right to acquire a patent for the 
invention created under the inventor's 
employment.  
IV. PATENT GRANTING PROCEDURE  
1. Common Procedural Provisions  
Article 15  
(1) The State Intellectual Property Office (hereinafter: the Office) shall carry out the 
administr ative patent and consensual patent 
granting procedure and other administrative 
and professional matters concerning the 
protection of an invention by patent.  (2) Administrative decisions made by the Office 
shall not be subject to any appeal, however, 
an adminis trative lawsuit may be instituted 
against such decisions, in accordance with 
the Administrative Disputes Act.  
(3) The General Administrative Proceedings Act shall apply to certain procedural matters not regulated by this Act.  
 FEES AND PROCEDURAL CHARGES  
Article 16  
(1) The acquisition and maintenance of a patent shall be subject to payment of the 
administrative fees and procedural charges in 
compliance with special regulations.  
(2) If the administrative fees and procedural 
charges are not paid in the course of the 
patent granting procedure, the patent 
application shall be deemed to be withdrawn, 
while in the case of non -payment of the 
administrative fees and procedural charges 
for the maintenance of a patent, such right 
shall lapse.  
2. Patent Application  
INSTITUTION O F THE PATENT 
GRANTING PROCEDURE  
Article 17  
(1) The patent granting procedure shall be 
instituted by filing a patent application to the Office.  
(2) The manner of filing a patent application 
shall be defined by the Regulations 
(hereinafter: the Regulations) enacted,  on 
the proposal of the Director General of the 
Office, by the Minister competent for the 
work of the Office.  
UNITY OF THE INVENTION  
Article 18  
(1) A separate patent application shall be filed 
for each invention.  
(2) One patent application may be used to apply 
for patent grants for several inventions, only 
if such inventions are so linked as to form a 
single inventive concept.  
LANGUAGE AND SCRIPT OF A PATENT 
APPLICATION  
Article 19  
(1) A patent application shall be drafted in the 
Croatian language and in the Latin scrip t. Patent Act and  
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May 2018     6  (2) If the application has been drafted in a 
foreign language, a translation of the 
application into the Croatian language shall 
be filed with the Office.  
CONTENT OF THE PATENT 
APPLICATION  
Article 20  
(1) The patent application shall contain:  
1. a request for the g rant of a patent,  
2. a description of the invention,  
3. one or more claims for the protection of the invention (hereinafter: claims),  
4. any drawings referred to in the 
description or the claims, and  
5. an abstract of the invention.  
(2) A request for the grant of a paten t shall 
contain: an express indication that the grant 
of a patent is applied for, the title of the 
invention expressing the essence of the invention and information concerning the 
applicant.  
(3) In the event the inventor does not wish to be 
mentioned in the ap plication, a written 
declaration shall be filed with the Office not 
later than 4 months from the filing date of 
the application.  
(4) The patent application must disclose the invention in a manner sufficiently clear and 
precise for it to be carried out by a per son 
skilled in the art.  
(5) If the invention concerns viable biological 
material which cannot be disclosed in a 
manner enabling it to be carried out by a 
person skilled in the art, the application must 
be accompanied by proof to the effect that a 
sample of such material has been deposited 
with the competent institution not later than 
on the filing date of the patent application.  
(6) The competent institution referred to in 
paragraph (5) of this Article shall be 
considered an institution which complies with 
the requirements prescribed by the Budapest 
Treaty on the International Recognition of the Deposit of Microorganisms for the 
Purposes of Patent Procedure of 28 April 
1977 and last revised on 26 September 
1980.  
(7) The claims shall define the subject matter the prot ection of which has been applied for. 
The claims shall be clear and concise and fully supported by the description. Patent claims may be independent and dependent. 
Independent claims shall contain new and 
essential characteristics of an invention. Dependen t claims shall contain specific 
characteristics of the invention as defined in an independent or other dependent claim.  
(8) The abstract shall be a short summary of the essence of an invention serving exclusively 
for the purpose of technical information.  
(9) The c ontent and manner of drafting 
particular elements of the patent application and other details concerning the deposit of 
viable biological materials referred to in 
paragraph (5) of this Article shall be defined 
by the Regulations.  
PATENT APPLICATION CONTENT S 
NECESSARY FOR ACCORDANCE OF 
THE FILING DATE  
Article 21  
The accordance of the filing date of the patent 
application shall require that on such a date the 
application contains:  
1. an express indication that the grant of a patent is applied for,  
2. the name, or c ompany name 
respectively, and the domicile or the 
principle place of business of the 
applicant,  
3. a description of the invention and one or more patent claims, even though such 
description and claims do not comply 
with the requirements prescribed by this 
Act and the Regulations.  
3. Priority Right  
Article 22  
(1) If the same invention has been created by 
two or more inventors independently of each 
other, the priority in respect of right to the 
patent grant shall belong to the applicant 
whose patent application has the earliest 
filing date, provided that this first application 
has been published in accordance with 
Article 35 of this Act.  
(2) The priority shall be in effect as from the 
date of filing the application with the Office, 
except where the requirements for the g rant 
of priority right referred to in Articles 23 and 
24 of this Act  have been complied with.  Patent Act and  
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May 2018     7  REQUIREMENTS FOR THE GRANT OF 
PRIORITY RIGHT  
Article 23  
(1) In accordance with the provisions of Article 4 
of the Paris Convention for the Protection of 
Industrial Property (hereinafter: the Paris 
Convention), any legal or natural person or 
his successor in title who has filed a correct 
application for any kind of protection for 
inventions in any Member State of the Paris 
Union for the Protection of Industrial Proper ty (hereinafter: the Paris Union) or in 
any Member State of the World Trade Organization (hereinafter: the WTO), shall 
enjoy the right of priority in the Republic of 
Croatia from the date of filing the first 
application in the Member State of the Paris 
Union or the WTO, provided that the 
application for the same invention is filed 
with the Office within twelve months, and 
that the right of priority is claimed.  
(2) The correct application referred to in paragraph (1) of this Article shall be 
considered to be an application the filing 
date of which is accorded in compliance with 
the national legislation of the Member State 
of the Paris Union or WTO in which it was 
filed, or in compliance with an international 
treaty concluded among the member states, 
regardless of  the outcome thereof.  
(3) A subsequent patent application filed in or 
for the same State shall be considered as the first application for the purposes of 
determining priority in such part which 
concerns the subject -matter of the invention 
of the first applicat ion, provided that on the 
date of filing the subsequent application, the previous application has been withdrawn, 
refused or rejected prior to being made 
available to the public and without leaving 
any rights outstanding, and has served as a 
basis for claiming priority. The previous 
application may not thereafter serve as a 
basis for claiming priority.  
PRIORITY CLAIM  
Article 24  
The patent applicant intending to take advantage 
of the priority right referred to in Article 23  of this 
Act in the Republic of Croatia, shall file with the 
Office:  
1. a priority claim containing essential data 
concerning the first application claiming 
priority (application number and filing 
date, a Member State of the Paris Union 
or WTO in or for which the application was filed) not later than up to the 
expiration of 2 months from the date of filing the application in the Republic of Croatia, and  
2. a copy of the first application certified by the competent authority of the Member 
State of the Paris Union or WTO in or for 
which it was filed, not later than up to 
the expiration of the period of 3 months 
from the filing date of the priority claim 
or of 4 months from the date of filing the 
application in the Republic of Croatia, or 
16 months from the earliest priority date 
claimed, whichever  period expires first.  
MULTIPLE PRIORITY CLAIM  
Article 25  
The patent applicant may, subject to the 
requirements referred to in Article 24 of this Act, 
claim multiple priorities on the basis of several earlier applications filed in one or more of the 
Member  States of the Paris Union or WTO.  
CHARACTERISTICS OF THE 
INVENTION WHICH IS THE SUBJECT 
OF THE PRIORITY CLAIM  
Article 26  
(1) The priority claim may relate only to such 
characteristics of the invention, which are 
contained in the first application or 
applicat ions for which priority is claimed.  
(2) If certain characteristics of the invention for 
which priority is claimed do not appear 
among the claims formulated in the first 
application or applications, a priority right 
shall be granted where the application 
elemen ts as a whole specifically disclose all 
such characteristics.  
DATE OF THE GRANTED PRIORITY 
RIGHT  
Article 27  
The date of granted priority shall be considered as 
the date of filing the patent application with the 
Office, for the purposes of the provisions re ferred 
to in Article 8, paragraphs (2) and (3) and Article 
22 paragraph (1) of this Act.  
CALCULATION OF TIME LIMITS IN 
CASES OF MULTIPLE PRIORITIES  
Article 28  
If multiple priorities are claimed, the time limits, which under this Act, run from the date of granted priority, shall be calculated as from the earliest date 
of the multiple priority right.  Patent Act and  
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May 2018     8  4. Course of the Procedure from Receipt of 
the Patent Application to the Publication 
Thereof  
EXAMINATION OF A PATENT 
APPLICATION UPON ITS RECEIPT  
Article 29  
(1) Upon receipt of a patent application, the 
Office shall examine whether:  
1. the application complies with the requirements for the accordance of the 
filing date referred to in Article 21 of this 
Act, 
2. the administrative fee and procedural 
charges for filing the  application have 
been paid in compliance with Article 16 
of this Act,  
3. the translation of the application in the 
Croatian language is filed, if the application has been drafted in a foreign 
language,  
4. the drawings referred to in Article 20, 
paragraph (1), item 4, of this Act have 
been filed, and  
5. the applicant who is a natural or a legal 
person having domicile or principal place 
of business outside Croatia is 
represented by a patent representative 
entered in the Register of 
Representatives kept by the Office . 
(2) If the application does not comply with the 
requirements for the acceptance of the filing 
date referred to in Article 21 of this Act, the 
Office shall invite the applicant to correct the 
deficiencies expressly indicated in the 
invitation, within a time limit of 2 months 
from the receipt of the invitation.  
(3) If the applicant does not comply with the 
Office invitation within the time limit referred 
to in paragraph (2) of this Article, the patent 
application shall be rejected by a decision.  
(4) If the applicant co rrects the deficiencies 
within the time limit referred to in paragraph 
(2) of this Article, the Office shall issue a 
decision whereby the date of receipt of the required corrections shall be accorded as the 
filing date of the patent application.  
(5) Where a pa tent application refers to 
drawings not included in the application, the 
Office shall invite the applicant to file such 
within a time limit of 2 months from the receipt of the invitation, and if the applicant 
complies with the Office invitation, it shall b e considered that the filing date is the date of 
receipt of the drawings by the Office. If the 
drawings are not filed, it shall be considered that the applicant did not refer to them.  
(6) The Office shall invite the applicant who has not paid the administrativ e fee and 
procedural charges, or has not submitted the 
translation of the patent application into the 
Croatian language, to correct the respective 
deficiencies within the time limit of 2 months 
from the receipt of the invitation.  
(7) At the reasoned request of  the applicant, the 
Office may extend the time limits set out in 
this Article, for a time period considered to 
be justified, but not exceeding 3 months.  
(8) If the applicant does not comply with the invitation referred to in paragraph (6) of this Article, the patent application having the 
accorded filing date shall be considered to be 
withdrawn and the Office shall issue a 
decision on the suspension of the patent 
granting procedure.  
ENTRY OF THE PATENT APPLICATION 
INTO THE REGISTER OF PATENT 
APPLICATIONS  
Article 30 
(1) A patent application for which the filing date 
has been accorded by a decision shall be entered into the Register of Patent 
Applications kept by the Office.  
(2) The content of the Register of Patent 
Applications and the manner of keeping it 
shall be defin ed by the Regulations.  
PRIORITY CERTIFICATE  
Article 31  
(1) At the request of the applicant, the Office 
shall issue a certificate of the right of priority 
acquired on the basis of the filing date of the 
patent application, accorded in compliance 
with the provis ions of Article 29 of this Act.  
(2) The requirements for and the method of issuing the certificate referred to in 
paragraph (1) of this Article, as well as the 
content thereof shall be defined by the 
Regulations.  
DIVISION OF THE PATENT 
APPLICATION  
Article 32  
(1) The applicant may on his own initiative, or 
upon request by the Office, divide the 
subject -matter of the patent application 
having the accorded filing date (the original Patent Act and  
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May 2018     9  application) into two or more applications (a 
divisional application) and on the basis of 
each of them shall carry out a separate 
procedure, a decision to that effect being 
issued by the Office.  
(2) The subject -matter of a divisional patent 
application shall not go beyond the content 
of the original application.  
(3) The division of the original patent application 
shall be permitted up to the decision made concerning the request for the granting of a 
patent.  
(4) A divisional application shall maintain the 
filing date of the original application and, if 
having grounds therefore within the meaning 
of the provisions of Article 23 of this Act, 
shall enjoy the priority thereof.  
AMENDMENTS OF THE PATENT 
APPLICATION  
Article  33 
A patent application for which the filing date has 
been accepted shall not be subsequently amended 
by expanding the subject -matter for  which 
protection has been applied for.  
PRE-REQUISITES FOR THE 
PUBLICATION OF A PATENT 
APPLICATION  
Article 34  
(1) The examination of  pre-requisites for the 
publication of a patent application shall establish whether the application complies 
with the following requirements:  
1. whether it contains all the elements 
referred to in Article 20 of this Act 
drafted in the prescribed manner, and the necessary attachments prescribed by this Act,  
2. whether the inventor is mentioned,  
3. whether the proper priority claim has been f iled within the meaning of Article 
24 of this Act, if a priority right is 
claimed,  
4. whether the application, at first sight, complies with the rule on the unity of 
invention referred to in Article 18 of this 
Act, 
5. whether the subject -matter of the 
applicatio n is an invention which may be, 
at first sight, protected by a patent within 
the meaning of Article 5, paragraph (6), 
and Articles 6 and 7  of this Act.  (2) If such examination establishes that the 
requirements referred to in paragraph (1) of 
this Article are n ot complied with, the Office 
shall invite the applicant to correct the 
deficiencies expressly indicated in the 
invitation within a reasonable time limit. This 
time limit shall not be less than 2 months 
and not more than 3 months from the date 
of receipt of  the invitation.  
(3) Upon the reasoned request of the applicant, the Office may extend the time limit referred 
to in paragraph (2) of this Article for a period 
which it considers to be justified.  
(4) If the applicant does not correct the deficiencies referred to i n paragraph (1) of 
this Article within the prescribed time limit, 
the Office shall issue a decision on the 
rejection of the patent application.  
(5) The Office shall issue a decision on the 
refusal of a patent application if the application has been filed for an invention, 
which at first sight may not be protected by a patent within the meaning of Article 5, 
paragraph (6), and Articles 6 and 7  of this 
Act. 
(6) If the applicant does not comply with the invitation referred to in paragraph (2) of this 
Article to corre ct the priority claim, the Office 
shall not grant the priority right.  
5. Publication of a Patent Application  
MANNER AND CONTENT OF THE 
PUBLICATION OF A PATENT 
APPLICATION  
Article 35  
(1) A patent application complying, according to 
the examination, with all the requirements referred to in Article 34 of this Act, the 
decision to that effect being issued by the 
Office, shall be published in the official 
gazette of the Office after the expira tion of 
18 months from its filing date, or from the date of granted priority respectively, 
whereby it becomes available to the public.  
(2) The patent application referred to in 
paragraph (1) of this Article may be, upon 
request by the applicant, published prio r to 
the expiration of the said time limit, but not 
before the expiration of 3 months from the 
date of its filing to the Office.  
(3) A patent application published or otherwise 
made available to the public, despite being 
withdrawn or deemed to have been Patent Act and  
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May 2018     10  withdrawn, shall be treated as not forming 
part of the state of the art.  
(4) The content of the publication of a patent 
application shall be defined by the 
Regulations.  
6. Course of the Procedure from the 
Publication of the Patent Application to the 
Grant of a Patent  
REQUEST FOR THE GRANT OF A 
PATENT  
Article 36  
(1) Within 6 months from the date of publication 
of a patent application in the official gazette 
of the Office, the applicant may file:  
1. a request for the grant of a patent on the 
basis of a substantive exam ination of the 
patent application, or  
2. a request for the grant of a patent on the basis of the submitted results of the 
substantive examination of a patent 
application, or  
3. a request for the grant of a patent not 
including a substantive examination of 
the pa tent application (a consensual 
patent).  
(2) If, within the prescribed time limit, one of 
the requests referred to in paragraph (1) of 
this Article has not been filed, or the 
administrative fee and the procedural 
charges have not been paid in compliance 
with Ar ticle 16 of this Act, the patent 
application shall be considered to be 
withdrawn, and the Office shall issue a 
decision on the suspension of the procedure 
for the grant of the patent.  
(3) The content of the request referred to in paragraph (1) shall be defined  by the 
Regulations.  
Grant of a Patent on the Basis of the 
Substantive Examination of a Patent 
Application  
Article 37  
(1) The substantive examination of a patent application shall establish whether the 
invention complies with all the requirements 
for the grant  of the patent, i.e. whether the 
subject -matter of the application:  
1. is an invention which is not excluded 
from patent protection in compliance 
with Article 5,  paragraph (6) and Articles 
6 and 7 of this Act;  2. is an invention which is disclosed in the applica tion in compliance with Article 20 , 
paragraph (4) of this Act;  
3. is an invention which is in compliance with the rule of unity of invention 
referred to in Article 18 of this Act;  
4. is an invention which is new in compliance with Articles 8 and 9 of this  
Act, which includes an inventive step in 
compliance with Article 10 of this Act, 
and which is industrially applicable in 
compliance with Article 11 of  this Act.  
(2) The Office may carry out the substantive 
examination of a patent application referred 
to in pa ragraph (1) of this Article, completely 
or in part, through one of the national patent 
offices of other countries with which it has 
concluded a cooperation agreement.  
(3) The applicant who has also filed a patent 
application for the protection of the same 
invention with a national patent office of 
another country may file with the Office the 
results of substantive examination carried 
out by that office, translated into the 
Croatian language.  
GRANT OF A PATENT ON THE BASIS 
OF THE SUBMITTED RESULTS OF THE 
SUBSTAN TIVE EXAMINATION  
Article 38  
(1) A request for the grant of a patent by 
accepting results of the substantive 
examination in compliance with Article 36, 
paragraph (1), item 2 of this Act, may be 
filed only in cases where the patent 
application for the same invention has been 
previously filed with one or more patent 
offices.  
(2) The offices referred to in paragraph (1) of 
this Article are national and international 
offices which, by virtue of Article 32 of the 
Patent Cooperation Treaty, have the status 
of an Inte rnational Preliminary Examining 
Authority for international patent applications, and other offices with which, at 
the time of filing the request referred to in 
Article 36, paragraph (1), item 2 of this Act, 
the Office has already signed a cooperation 
agree ment.  
 
Article 39  
(1) The applicant referred to in Article 36, 
paragraph (1), item 2 of this Act shall enclose to the request a signed statement to 
the effect that he will furnish evidence  of the Patent Act and  
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May 2018     11  results of the substantive examination carried  
out by one of the  offices referred in Article 
38 of this Act, within 6 months from the day 
of the availability thereof, and not more than 
within 5 years from the date of filing the 
application to the elected office.  
(2) Upon the reasoned request of the applicant and the eviden ce furnished, the Office may 
extend the time limit referred to in paragraph 
(1) of this Article, for not more than 3 
months after the termination of the 
procedure for the substantive examination.  
(3) If the applicant does not, within the 
prescribed time limit,  furnish a translation of 
the results of the substantive examination 
required by the Office to make a decision 
concerning a request for the grant of the 
patent, the patent application shall be 
considered to be withdrawn, and the Office 
shall issue a decision on the suspension of 
the procedure.  
(4) Evidence to be attached to the requests 
referred to in this Article shall be defined by 
the Regulations.  
 
Article 40  
(1) The Office shall issue a decision concerning a 
request for the grant of a patent on the basis of acc eptance of the results of the 
substantive examination of the requirements referred to in Article 37,  paragraph (1), and 
on the basis of additional examinations.  
(2) The additional examination of a patent application shall establish whether the 
invention compli es with the requirements for 
the grant of a patent, i.e. whether the 
subject matter of the application is:  
1. an invention in respect of which sufficient 
evidence has been furnished for the 
evaluation of compliance with the 
requirements set out in Article 37,  
paragraph (1) of this Act;  
2. an invention which is new with regard to all of the patent applications filed earlier 
with the Office in compliance with Article 
8, paragraph (3) of this Act.  
CONSENSUAL PATENT  
Article 41  
A consensual patent shall be granted for  an 
invention the subject -matter of which is patentable 
in compliance with Article 5 of this Act and is not 
excluded from patentability in compliance with Articles 6 and 7 of this Act, and which is industrially 
applicable in compliance with Article 11 of t his Act.  
 
Article 42  
(1) A request for the grant of a consensual 
patent referred to in Article 36, paragraph 
(1), item 3 of this Act shall be published in 
the official gazette of the Office within three 
months from its filing date.  
(2) The manner and content of the publication 
referred to in paragraph (1) of this Article 
shall be laid down by the Regulations.  
OPPOSITION TO THE GRANT OF A 
CONSENSUAL PATENT  
Article 43  
(1) Following the publication of the request 
referred to in Article 42 of this Act, any legal 
or natur al person may, within 6 months, file 
to the Office an opposition to the grant of a consensual patent, or a request for the substantive examination in compliance with 
Article 36,  paragraph (1), item 1 of this Act.  
(2) The opposition, or the request for the 
substantive examination referred to in 
paragraph (1) of this Article shall be accompanied by evidence on payment of the 
procedural charges for the opposition which 
shall amount to one third of the procedural 
charges for the substantive examination, or 
procedur al charges for the substantive 
examination, in compliance with Article 16 of this Act.  
(3) The content of the opposition referred to in 
paragraph (1) of this Article shall be defined 
by the Regulations.  
PROCEDURE CONCERNING THE 
OPPOSITION TO THE GRANT OF A 
CONSENSUAL PATENT  
Article 44  
If the opposition to the grant of a consensual 
patent or a request for the substantive examination is filed, and the administrative fees and procedural 
charges are paid, the Office shall immediately 
notify the consensual patent a pplicant thereof.  
 
Article 45  
(1) The applicant for a consensual patent may, 
within six months from the receipt of the 
notification concerning opposition filed in 
compliance with Article 43, paragraph (1) of 
this Act, file a request for the grant of a 
patent o n the basis of the substantive 
examination procedure in compliance with Patent Act and  
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May 2018     12  Article 36, paragraph (1), item 1 of this Act; 
the applicant shall be required to pay the 
difference between the administrative fee for 
the opposition already paid and the 
administrative fee for the substantive 
examination.  
(2) If the applicant for a consensual patent does not comply with paragraph (1) of this Article, 
the Office shall reject the patent application 
by a decision.  
 
Article 46  
Any natural or legal person may file a request f or 
the substantive examination in compliance with Article 36, paragraph (1), item 1 of this Act for the 
entire duration of a consensual patent, which shall 
be carried out in compliance with Article 37, 
paragraph (1) of this Act, provided that the 
administr ative fee and procedural charges have 
been paid in compliance with Article 16 of this Act.
 
DECISION ON THE REFUSAL OF A 
PATENT  
Article 47  
(1) If it has been established that the patent application:  
1. does not comply with all the requirements for the grant of a patent 
referred to in Article 37, paragraph (1) of this Act, or  
2. does not comply with the requirements 
for the grant of a patent set out in Article 
40 of this Act, or  
3. does not comply with the requirements 
for the grant of a consensual patent set 
out in Arti cle 41 of this Act,  
the Office shall inform the patent applicant in 
writing of the reasons for which the patent 
shall not be granted, and shall invite him to 
comment in writing on the specified reasons 
within a time limit which shall not be less than 
2 mo nths nor more than 4 months from the 
receipt of the invitation.  
(2) Upon the reasoned request of the applicant, 
the Office may extend the time limit referred 
to in paragraph (1) of this Article.  
(3) If the patent applicant does not comply with 
the invitation referred to in paragraph (1) of 
this Article, the Office shall issue a decision 
on the refusal of a patent.  DECISION ON THE GRANT OF A 
PATENT   
Article 48  
(1) If it has been established that the patent 
application:  
1. complies with all the requirements for the grant of a patent referred to in Article 37, 
paragraph (1) of this Act, or  
2. complies with the requirements for the 
grant of a patent referred to in Article 40 
of this Act, or  
3. complies with the requirements referred to in Article 41 for the grant of a 
consensua l patent, and that an 
opposition to the grant of a consensual 
patent in compliance with Article 43 of 
this Act has not been filed,  
the requirements for the grant of a patent have 
been complied with, and the Office shall issue a 
decision to that effect.  
(2) The Office shall provide the applicant with 
the text of the application on the basis of 
which it intends to grant a patent, and shall 
invite him to submit written approval concerning the text provided within 30 days 
from the day of receipt of the invitation.   
(3) If the applicant does not comply with the 
invitation within the time limit referred to in 
paragraph (2) of this Article, the Office shall 
issue a decision on the grant of a patent, as 
though the approval had been given.  
(4) If the patent applicant submits in  time a 
written declaration to the effect that he does 
not agree with the proposal referred to in 
paragraph (2) of this Article, he shall state 
the reasons for that, and shall submit to the 
Office an amended text of the claims.  
(5) If the Office accepts the ap plicant’s reasons 
and amended claims referred to in paragraph (4) of this Article, it shall issue a decision on 
the grant of a patent according to the text of 
the claims proposed by the patent applicant.  
(6) If the reasons stated by the applicant can not be accepted, the Office shall notify the 
applicant thereof, and shall issue a decision 
on the grant of a patent according to the 
final text of the claims as submitted for 
approval.  
(7) The Office shall issue a decision referred to 
in paragraphs (3) and (5) of this Article 
provided that the administrative fees and 
procedural charges for the maintenance of a 
patent, for printing of the publication thereof, Patent Act and  
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May 2018     13  and for the issuance of the patent certificate 
and patent specification have been paid in 
compliance with Article  16 of this Act.  
PATENT REGISTER  
Article 49  
(1) The data specified in the decision on the 
grant of a patent shall be entered into the 
Patent Register kept by the Office, on the 
date of the decision.  
(2) The data specified in the decision on the refusal of the request for the grant of a 
patent shall be entered into the Register of 
Patent Applications.  
(3) The content and the manner of keeping the Patent Register shall be specified by the Regulations.  
PATENT CERTIFICATE  
Article 50  
(1) The patent owner shall be issued a p atent 
certificate as soon as possible from the date of the decision on the grant of a patent and 
the consensual patent owner shall be issued 
a consensual patent certificate.  
(2) The content and form of the certificates referred to in paragraph (1) of this Arti cle 
shall be specified by the Regulations.  
PUBLICATION OF THE MENTION OF A 
PATENT GRANT  
Article 51  
(1) The mention  of the grant of the patent shall 
be published in the official gazette of the 
Office, in the first issue following the date of 
the decision on the grant thereof. The 
decision to grant the patent shall take effect 
on the date of such publication.  
(2) The conte nt of the publication referred to in 
paragraph (1) of this Article shall be defined 
by the Regulations.  
PATENT SPECIFICATION  
Article 52  
(1) The patent owner shall be issued the Patent 
Specification  as soon as possible following 
the date of the decision on the grant of a 
patent, which shall be, where the consensual 
patent is concerned, designated as the 
“Consensual Patent Specification”.  
(2) The content and the form of the Patent Specification and the Consensual Patent 
Specification referred to in paragraph (1) of this Article shall be specified by the 
Regulations.  
EXCERPT FROM THE REGISTER 
Article 53  
(1) Upon request by any natural or legal person, 
the Office shall issue an excerpt from the 
Register of Patent Applications and the 
Register of Patents.  
(2) The manner of issu ing and the content of the 
excerpt shall be specified by the Regulations.  
ENTRY OF CHANGES INTO THE 
REGISTERS  
Article 54  
(1) Upon request by a party for the entry of 
changes into the register, the Office shall issue a decision on the entry into the 
Register of Patent Applications, or into the 
Patent Register of the changes which have 
occurred after the filing of the application,  or 
following the entry of the decision on the 
grant of a patent, such as: license, transfer 
of rights, change of the name and/or the 
principle place of business of an applicant or 
a patent owner, etc.  
(2) The entered changes referred to in 
paragraph (1) of t his Article shall be 
published in the official gazette of the Office.  
(3) The procedure related to the entry of changes into the Office registers, and the 
publication thereof in the official gazette, 
shall be specified by the Regulations.  
7. Information Servic es 
Article 55  
(1) The Office shall, upon request, make 
available copies of patent applications 
published in its official gazette as well as 
copies of granted patents to any legal or 
natural person.  
(2) Prior to publication of a patent application in the official g azette, the Office may make the 
following data available to any interested 
legal or natural person: the number of the 
application, its filing date or where the 
priority has been claimed, the number and 
date of such, the country in which or the 
organization  with which the first application 
was filed, information on the applicant and the title of the invention.  
(3) The Office shall, upon request of an interested legal or natural person, provide 
other information services, such as a search Patent Act and  
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May 2018     14  of patent documents in a  certain technical or 
technological field.  
(4) The scope and manner of providing these 
services as well as the fees for them shall be 
specified by the Regulations.  
CORRECTION OF DEFICIENCIES IN 
THE DOCUMENTS  
Article 56  
Linguistic and typing errors as well as o ther similar 
deficiencies in the documents shall be corrected by 
a decision on the basis of the written request of the 
patent applicant or patent owner respectively, or ex 
officio . 
 
8. Reinstatement of Rights  
Article 57  
(1) If the applicant or the owner of a patent has, 
despite due care required by the circumstances, failed to perform an act in the 
course of the procedure before the Office 
within the time limit prescribed by this Act or 
regulation enacted by virtue of this Act, the 
direct result of which is a loss of rights 
conferred by the patent application or the patent, the Office shall authorize the 
reinstatement of rights, provided that the 
applicant:  
1. files a proposal for the reinstatement of rights and completes the omitted acts 
within the prescribed tim e limit;  
2. indicates the circumstances that 
prevented him from performing the 
omitted act in time;  
3. pays the administrative fee and procedural charges in compliance with 
Article 16 of this Act.  
(2) A proposal for the reinstatement of rights shall be filed within 3 months from the day 
on which the reason of failure ceased to 
exist, and if the applicant has later learned of 
failure, from the day he learned of such.  
(3) Following the expiration of one year from the 
date of failing to comply with the time limit, 
the propo sal referred to in paragraph (1) of 
this Article shall not be filed.  
(4) Prior to doing so, the Office shall notify the 
person filing a proposal for reinstatement of 
rights regarding the reasons by which it 
intends to refuse the proposal, entirely or in 
part, and shall invite him to comment on 
those reasons within 2 months from the day of receipt of the invitation.  (5) A proposal for reinstatement of rights shall 
not be filed in connection with the failure to  
comply with the following acts:  
1. filing of the proposal referred to in 
paragraph (1) of this Article,  
2. filing of the request for the extension of a time limit,  
3. filing of the request referred to in Article 
23 of this Act,  
4. filing one of the requests referred to in 
Article 36 of this Act,  
5. filing of the opposition r eferred to in 
Article 43, paragraph (1) of this Act,  
6. payment of the administrative fee and 
charges for the maintenance of a patent,  
7. furnishing of the translation referred to in 
Article 29, paragraph (1), item 3 and 
Article 104, paragraphs (2) and (3) of 
this Act,  
8. all the acts in the procedures before the 
Office, involving several parties.  
(6) Any person who has in good faith exploited an invention or has made real and serious 
preparations for exploiting the invention 
which is the subject -matter of a published 
application, may, in the period between the 
loss of right referred to in paragraph (1) of 
this Article, and a publication of the fact 
concerning acceptance of the proposal for 
reinstatement of rights, continue such 
exploitation, without compensation for 
damages, for the purposes of his own 
business and needs related to it.  
(7) The contents of the proposal, the 
requirements and procedure related to the 
proposal referred to in paragraph (1) of this 
Article, and the publication of indications 
concerning the reinsta tement of rights shall 
be specified by the Regulations.  
V. EFFECTS OF A PATENT 
EXCLUSIVE RIGHTS ACQUIRED BY A 
PATENT  
Article 58  
(1) The patent owner shall be entitled to exploit the protected invention.  
(2) Any other person not having the patent 
owner’s consent sh all be prohibited from:  
1. making, offering for sale, selling, using, 
exporting or importing and stocking for Patent Act and  
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May 2018     15  such purposes, the product carried out 
according to the invention,  
2. using the process which is the subject 
matter of the invention, or offering the 
use thereof,  
3. offering for sale, selling, using, exporting or importing and stocking for such 
purposes, the product which is obtained 
directly from a process which is the 
subject -matter of the invention.  
(3) Any other person not having the patent 
owner’s consen t shall be also prohibited from 
offering and supplying the product (substance, composition, part of the 
apparatus) constituting an essential element 
of the invention, to persons not entitled to 
exploit the said invention, if the offerer or 
supplier knows o r should have known from 
the circumstances of the case that such 
product is intended for putting the invention 
of another person into function.  
(4) The provisions referred to in paragraph (3) of this Article shall not apply if the offered or 
supplied product is a staple commercial 
product, except where the supplier or offerer 
induces other persons to commit acts 
referred to in paragraph (2) of this Article.  
(5) In the absence of proof to the contrary, a product shall be considered to have been 
obtained by a protec ted process if it is new 
and if a substantial likelihood exists that the 
product was made by a protected process, and that the patent owner has been unable, 
despite reasonable efforts, to determine the 
process actually used. Substantial likelihood 
that the  product was obtained by the 
protected process shall exist, in particular, 
where the protected process is the only 
process known.  
EXCLUSIVE RIGHTS RELATED TO 
PATENTS IN THE FIELD OF 
BIOTECHNOLOGY  
Article 59  
(1) If a biological material possessing specific 
characteristics as the result of the invention 
is protected by a patent, the exclusive rights 
referred to in Article 58, paragraphs (2) and 
(3) of this Act shall extend to any biological 
material derived from that biological material 
through propagation or  multiplication in an 
identical or divergent form and possessing 
those same characteristics.  
(2) If a process that enables a biological material to be produced possessing specific characteristics as a result of the invention is 
protected by a patent, the exclu sive rights 
referred to in Article 58, paragraphs (2) and 
(3) of this Act shall extend to biological 
material directly obtained through that 
process and to any other biological material 
derived from the directly obtained biological 
material through propaga tion or 
multiplication in an identical or divergent 
form and possessing those same 
characteristics.  
(3) If a product containing or consisting of genetic information is protected by a patent, 
the exclusive rights referred to in Article 58, 
paragraphs (2) and (3 ) of this Act shall 
extend to all material, with the exception of 
the human body, at the various stages of its 
formation and development and the simple 
discovery of one of its elements, including 
the sequence or partial sequence of a gene, 
in which the pro duct is incorporated and in 
which the genetic information is contained 
and performs its function.  
RIGHTS CONFERRED BY A PATENT 
APPLICATION  
Article 60  
(1) By publication of the patent application in compliance with Article 35 of this Act, the patent applicant s hall acquire provisional 
rights, on the basis of which reasonable compensation for damages may be claimed from any third party which has exploited the 
invention within the period from the date of 
publication of the patent application and the 
date of public ation of a mention of the grant 
of the patent contrary to Articles 58 and 59 
of this Act, in a manner that could be 
prohibited after the grant of the patent.  
(2) The patent application shall not have the 
effects set out in paragraph (1) of this Article 
when it  has been refused, rejected, 
withdrawn, or deemed to be withdrawn.  
SCOPE OF THE EXCLUSIVE RIGHTS  
Article 61  
(1) The scope of the patent owner’s exclusive 
rights shall be determined by the claims 
which are finally accepted in the patent 
granting procedure, wher eas the description 
and drawings shall serve to interpret the patent claims. The terms of the claims shall 
not be confined to their strict literal wording, 
nor shall the description and drawings be taken into account only for the purpose of 
clarifying vagueness in the claims. The claims 
shall neither be taken as guidelines indicating Patent Act and  
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May 2018     16  that the scope of the exclusive rights may 
extend to the matter which a person skilled 
in the art might take as the intended scope 
of protection.  
(2) Within the time period from th e date of 
publication of a patent application up to the 
patent grant, the scope of protection shall be 
determined by the claims contained in the 
patent application, published in compliance 
with this Act, however, the patent as finally 
granted or as amended  in nullity proceedings 
in which it has been partially revoked, shall 
retroactively determine the rights conferred 
by the application, in so far as the scope of 
protection is not thereby extended.  
LICENSE CONTRACT AND TRANSFER 
OF RIGHTS  
Article 62  
(1) The rig ht to exploit the protected invention 
shall be assigned by a license contract.  
(2) A patent may be the subject of a transfer, 
complete or in part.  
(3) The license contract and the contract on the transfer of a patent shall be concluded under 
the conditions and in a manner as prescribed 
by the Obligatory Relations Act.  
(4) The conclusion of the license contract or the 
contract on the transfer of a joint patent shall require the consent of all the owners 
thereof.  
(5) The provisions of this Article shall also apply 
in an appropriate manner to the conclusion 
of a license contract, and a contract on the 
transfer of the right conferred by a patent 
application.  
VI. LIMITATION OF THE EFFECT OF A PATENT  
EXCEPTIONS FROM THE EXCLUSIVE 
RIGHTS  
Article 63  
The patent owner’s exclusive  right of exploitation of 
the invention shall not apply to:  
1. acts in which the invention is exploited 
for private and non -commercial 
purposes,  
2. acts done for the purposes of research 
and development and for experiments 
relating to the subject -matter of the 
protected invention, including where 
such acts are necessary for obtaining 
registration or authorization for putting 
on the market a product comprising a medicine intended for people or animals, 
or a medicinal product,  
3. direct and individual preparation of a  
medicine in a pharmacy on the basis of an individual medical prescription and 
acts relating to the medicine so prepared.
 
RIGHTS OF THE PRIOR USER  
Article 64  
(1) A patent shall have no effect against the 
person who had, prior to the filing date of 
the applicat ion or prior to the date of granted 
priority, exploited or manufactured, in good 
faith and within her/his economic activities, 
the product which is the subject -matter of 
the invention or, had made real and serious preparations for such exploitation of the invention in the Republic of Croatia.  
(2) The person referred to in paragraph (1) of this Article shall have the right to proceed, 
without the patent owner’s consent, with the 
exploitation of the invention to the extent to 
which she/he had exploited it or had 
prepared its exploitation up to the filing date 
of the application for the said invention.  
(3) The right referred to in paragraph (2) of this 
Article may be transferred or inherited only 
with the working process and production 
plant in which the exploitation o f the 
invention has been prepared or has started.  
LIMITATION OF EFFECTS IN RESPECT 
OF PATENTS IN THE FIELD OF 
BIOTECHNOLOGY  
Article 65  
(1) The exclusive rights deriving from the provision set out in Article 59 of this Act shall 
not extend to biological materia l obtained 
from the propagation or multiplication of 
biological material placed on the market in 
the territory of the Republic of Croatia by the 
owner of the patent or with his consent, 
where the multiplication or propagation 
necessarily results from the a pplication for 
which the biological material was marketed, provided that the material obtained is not 
subsequently used for other propagation or multiplication.  
(2) By way of derogation from Article 59 of this Act, the sale or other form of 
commercialization o f plant propagating 
material to a farmer by the owner of the 
patent or with his consent for agricultural use 
implies authorization for the farmer to use 
the product of his harvest for propagation or 
multiplication by him on his own farm.  Patent Act and  
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May 2018     17  (3) By way of derogati on from Article 59 of this 
Act, the sale or any other form of 
commercialization of breeding stock or other 
animal reproductive material to a farmer by the owner of the patent or with his consent 
implies authorization for the farmer to use 
the protected liv estock for agricultural 
purposes, including making the animal or 
other animal reproductive material available 
for the purposes of pursuing his agricultural 
activity but not sale within the framework or for the purpose of a commercial reproduction 
activity.  
Exhaustion of the Patent Owner’s 
Exclusive Rights  
Article 66  
The exclusive rights conferred by a patent extending to acts concerning a product protected 
by the patent which are carried out within the 
territory of the Republic of Croatia, shall be 
consider ed exhausted once the product has been 
put on the domestic market by the patent owner or with his express consent, unless there are 
legitimate grounds for the patent owner to prohibit 
further commercialization of the product.
 
Vehicles in International Traf fic 
Article 67  
The use of products made according to a protected 
invention in the construction or equipment of a 
vessel, aircraft or land vehicle belonging to any of 
the Member States of the Paris Union or WTO shall 
not be considered a patent infringement where 
such transport means finds itself temporarily or accidentally in the territory of the Republic of 
Croatia, provided that the built -in product serves 
exclusively for the purposes of the said transport 
means.  
VII. COMPULSORY LICENSE  
GRANT OF A COMPULSORY LICENSE  
Article 68  
(1) The competent court in the Republic of 
Croatia may grant a compulsory license for 
lack or insufficiency of exploitation of a 
patent to any person filing a request for the 
grant of a compulsory license, or to the 
Government of the Republic of Croatia, if the 
patent owner has not exploited the invention protected by a patent in the territory of the Republic of Croatia on reasonable terms or 
has not made effective and serious 
preparations for its exploitation.  
(2) A request for the grant of a compulsory 
license based on paragraph (1) of this Article can be filed after the expiration of a period 
of four years from the filing date of a patent 
application, or after the expiration of three 
years from the date the patent was granted.  
(3) A compulso ry license cannot be granted if 
the patent owner provides legitimate reasons to justify non -exploitation or insufficiency of 
exploitation of the protected invention.  
(4) Upon a reasoned request, the court may 
grant a compulsory license in respect of a 
first patent to the owner of a patent or to the 
owner of a plant variety right who cannot use his patent (second patent) or his plant 
variety right without infringing the first 
patent, provided that the invention claimed 
in the second patent or a protected plant  
variety involves an important technical 
advance of considerable economic 
significance in relation to the invention claimed in the first patent or to the protected 
plant variety. The competent court may take 
any measure it regards as useful to verify the 
existence of such a situation.  
(5) In the case of a compulsory license as 
provided in paragraph (4) of this Article, the 
owner of the first patent shall be entitled to a 
cross license on reasonable terms to use the invention protected by the second patent or 
protected plant variety.  
(6) The court may grant a compulsory license if 
the exploitation of the patented invention is 
necessary in situations of extreme urgency 
(national security, public interest protection in the field of health, food supply, 
environmental pr otection and improvement, 
specific commercial interest) or when it is necessary to remedy a practice determined 
by a judicial or administrative process to be 
anti-competitive.  
(7) In the case of semi- conductor technology, a 
compulsory license may be granted on ly in 
the cases set out in paragraph 6 of this 
Article.  
(8) A compulsory license may be granted only if 
the person filing the request has made 
efforts to obtain authorization from the 
patent owner on reasonable commercial 
terms and conditions and if such effor ts have 
not been successful within a reasonable 
period of time. The court may derogate from 
these conditions in the situations set out in 
paragraph (6) of this Article. The right holder 
shall be informed of the granting of a 
compulsory license as soon as is reasonably 
possible.  Patent Act and  
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May 2018     18  CONDITIONS APPLICABLE TO THE 
GRANT OF A COMPULSORY LICENSE  
Article 69  
(1) A compulsory license shall be non -exclusive, 
and its scope and duration shall be 
exclusively limited to the purpose for which it 
was authorized.  
(2) A compulsory licen se shall be transferred 
only with the production plant or the part thereof respectively, in which the invention it 
is granted for has been exploited.  
(3) A compulsory license shall be granted 
predominantly for the purposes of supplying 
the domestic market unless it is necessary to 
correct a practice determined by judicial or administrative process to be anti- competitive.  
(4) The competent authority shall, upon reasoned request by an interested person, 
cancel a compulsory license, subject to 
adequate protection of t he legitimate 
interests of the persons so authorized, if and when the circumstances which led to its 
authorization cease to exist and are unlikely 
to recur.  
(5) The patent owner has the right to remuneration, taking into account the economic value of the autho rization and 
need to correct anti -competitive practice.  
(6) A compulsory license according to Article 68 paragraph (4) of this Act shall be non - 
transferable except with a transfer of the second patent or the protected plant variety.  
VIII. DURATION, MAINTENANC E AND 
CESSATION OF EFFECT OF A PATENT  
TERM OF A PATENT  
Article 70  
(1) The term of a patent shall be 20 years from the filing date of the application.  
(2) The term of a consensual patent shall be 10 years from the filing date of the application.  
SUPPLEMENTARY PROTE CTION 
CERTIFICATE  
Article 71   
(1) The term of a patent may be extended by a Certificate on Supplementary Protection 
(hereinafter: certificate) in cases where a 
basic patent has been granted for a medicine 
intended for humans or animals or a plant 
protection product, the placing on the mark et 
of which requires prior authorization of the 
competent State authority, for a time period equal to the period which elapsed between 
the filing date of a patent application and the 
date of the first authorization to place the medicine intended for humans  or animals or 
the plant protection product on the market, reduced by 5 years, but not exceeding 5 
years from the date the certificate takes 
effect, to be decided by the Office . 
(2) A certificate shall be granted upon a request 
of the owner of the basic patent, if the 
following conditions are met on the date of 
filing of the application for a certificate:  
1. the medicine intended for humans or 
animals or the plant protection product is 
protected by a basic patent in force,  
2. authorization to place the medicine  
intended for humans or animals or the plant protection product on the market 
has been granted in the Republic of 
Croatia, and is in force,  
3. the basic patent for the medicine 
intended for humans or animals or the 
plant protection product has not already been the subject of a certificate,  
4. an application for the basic patent was filed in the Republic of Croatia after 1 
January 1993, and  
5. the first authorization to place the 
medicine intended for humans or animals 
or the plant protection product on the 
market wa s granted after 1 January 
2005.  
(3) The certificate shall take effect at the end of the lawful term of the basic patent.  
(4) Under this Act, a basic patent shall mean a patent which protects an active ingredient or a combination of active ingredients  of the 
medici ne intended for humans or animals or 
the plant protection product, and a process to obtain or apply such products . 
(5) The first authorization to place on the market as used in this Article shall mean the first 
authorization to place a medicine intended 
for hu mans or animals or a plant protection 
product on the market, obtained in the 
Republic of Croatia or EU.  
(6) The grant of a certificate and annual 
maintenance thereof shall be subject to 
payment of the prescribed administrative fee 
and procedural charges.  
(7) The a pplication for a certificate shall be filed 
to the Office within 6 months from the date on which the authorization to place a Patent Act and  
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May 2018     19  medicine intended for humans or animals or 
a plant protection product on the market was 
granted, and if the authorization is grant ed 
before the basic patent is granted, it shall be 
filed within 6 months from the date on which 
the patent is granted.  
(8) Data concerning the granting of a certificate and its duration shall be entered in the 
corresponding Register of the Office.  
(9) The requirem ents, the granting procedure 
and contents of the certificate referred to in paragraph (1) of this Article shall be defined 
by the Regulations.  
(10) The provisions of this Article shall not apply to a consensual patent.  
SUBJECT -MATTER AND EFFECTS OF 
PROTECTION  
Article 72  
(1) Within the limits of the protection conferred by the basic patent, the protection conferred by a certificate shall extend only to the 
medicine or medicinal product intended for 
humans or animals or to plant protection product respectively, cover ed by the 
authorizations to place the corresponding products on the market, and for any use of 
the product as a medicine or medicinal 
product intended for humans or animals or a 
plant protection product that has been 
authorized prior to the expiry of the 
certificate.  
(2) The certificate shall confer to the owner of the basic patent or his successor in title the 
same rights as conferred by the basic patent 
and shall be subject to the same limitations 
and the same obligations . 
PUBLICATION  
Article 73  
(1) In the official gazette, the Office shall publish 
data concerning an application for a 
certificate, decision on the grant of a 
certificate, or rejection of the application for 
a certificate and termination of a certificate.  
(2) The data to be published shall be defin ed by 
the Regulations.  
ANNUAL FEES AND PROCEDURAL 
CHARGES FOR THE MAINTENANCE OF 
A PATENT  
Article 74  
(1) The maintenance of rights conferred by an 
application and a granted patent shall be 
subject to payment of the prescribed annual administrative fee and proc edural charges, in 
the manner prescribed by the Regulations.  
(2) The annual fee and procedural charges 
referred to in paragraph (1) of this Article 
shall be payable for the third and every 
subsequent year, counting from the 
application filing date.  
(3) If the pate nt owner fails to pay the 
administrative fee and procedural charges in compliance with the preceding paragraph, he 
may pay them in the grace period of 6 
months, provided that he also pays 
administrative and procedural surcharges.  
(4) The Office shall remind th e patent owner of 
nonpayment of the annual administrative fee and procedural charges for the maintenance 
of a patent and of the consequences thereof, 
and of the possibility of payment according 
to paragraph (3) of this Article.  
PRE-TERM LAPSE OF A PATENT D UE 
TO THE NON -PAYMENT OF ANNUAL 
MAINTENANCE FEES AND 
PROCEDURAL CHARGES  
Article 75  
If the patent owner does not pay the prescribed administrative fee and procedural charges for the 
maintenance of a patent, the patent shall lapse on 
the day following the da y on which the time limit 
for the payment referred to in Article 74 of this Act 
has expired.  
PRE-TERM TERMINATION OF A 
PATENT DUE TO THE SURRENDER 
THEREOF  
Article 76  
(1) If the patent owner surrenders a patent, it shall be terminated on the day following the 
day on which a certified written declaration 
concerning the surrender thereof has been 
filed to the Office.  
(2) If a particular right on behalf of third persons 
has been entered into the register, the 
patent owner may not surrender a patent 
without the prior ce rtified written consent of 
those persons.  
PRE-TERM TERMINATION OF A 
CERTIFICATE  
Article 77  
(1) A certificate referred to in Article 71 of this 
Act shall be terminated:  
1. if the certificate -holder surrenders it, on 
the day following the day on which a Patent Act and  
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May 2018     20  certified written declaration on surrender 
is furnished to the Office;  
2. if the annual fee for the maintenance 
thereof is not paid within the period 
prescribed by this Act;  
3. if the product for which the certificate was granted would no longer be in 
circulation in the t erritory of the Republic 
of Croatia, due to the revocation of the 
authorization for its placing on the 
market in compliance with a national 
regulation.  
(2) The Office shall decide on the termination of 
a certificate ex officio , or at the request of an 
interested person.  
INHERITANCE OF THE PATENT 
OWNER’S CAPACITY  
Article 78  
(1) A patent shall be terminated on the day of the patent owner’s death, or on the day of 
the loss of the capacity of the legal person 
respectively, unless it is transferred to heirs 
or successors in title.  
(2) The provisions of this Article shall apply 
mutatis mutandis to a patent applicant.  
IX. DECLARATION OF NULLITY OF A PATENT  
REASONS FOR THE DECLARATION OF 
NULLITY OF A PATENT  
Article 79  
A patent may be declared null and void at any time, on the proposal of any natural or legal person or a 
State Attorney, if the patent has been granted:  
1. for the subject matter which may not, 
within the meaning of Article 5, 
paragraph (6) and Articles 6 and 7 of this 
Act, be protected by a patent,  
2. for an inve ntion which, on the filing date 
of the patent application or on the date of the granted priority respectively, was 
not new or did not include an inventive 
step, 
3. for an invention which is not industrially applicable,  
4. for an invention which is not disclosed in 
a manner sufficiently clear and complete 
for it to be carried out by a person skilled 
in the art,  
5. for the subject -matter extending beyond 
the content of the patent application as filed or, if the patent was granted on a divisional application or on a ne w 
application filed under Article 89 of this 
Act, beyond the content of the earlier 
application as filed; or  
6. on behalf of a person not entitled to the 
patent protection for the invention.
 
PROPOSAL FOR THE DECLARATION 
OF NULLITY OF A PATENT  
Article 80  
(1) The p rocedure concerning the declaration of 
nullity of a patent shall begin by filing a 
proposal with the Office.  
(2) The proposal referred to in paragraph (1) of 
this Article shall contain the data concerning 
the applicant, the owner of the patent, the 
number of t he decision, the registration 
number of the patent and the reasons for the proposal of the declaration of nullity of the 
patent supported by necessary evidence.  
PROCEDURE CONCERNING THE 
PROPOSAL FOR THE DECLARATION 
OF NULLITY OF A PATENT  
Article 81  
(1) If the proposal for the declaration of nullity 
of a patent is not drafted in compliance with 
the provision referred to in Article 80, 
paragraph (2), of this Act, or if the administrative fee and procedural charges 
have not been paid in compliance with Article 
16 of this Act, the Office shall invite the 
applicant to correct the deficiencies within 30 
days from the day of receipt of the invitation.  
(2) If the applicant does not correct the proposal within the time limit specified in paragraph 
(1) of this Article, the Of fice shall reject the 
proposal by a decision.  
(3) The Office shall communicate the correct 
proposal to the patent owner and shall invite 
him to submit his response within a period 
which shall not be less than 30 days and not 
more than 60 days from the day of t he 
receipt thereof.  
(4) In the course of the procedure concerning the declaration of nullity of a patent, the 
Office shall invite the parties as many times 
as necessary to submit, within the period 
referred to in paragraph (3) of this Article, 
their comments o n the submissions of the 
other party.  
(5) The Office shall hold a hearing if it considers that it is necessary for the establishment of 
the facts essential for its decision.  Patent Act and  
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May 2018     21  (6) Upon a reasoned request, the Office may 
extend the time limits referred to in 
paragrap hs (1) and (3) of this Article for the 
time it considers to be justified.  
(7) In cases where the owner of a consensual 
patent is concerned, and where the evidence 
referred to in Article 80, paragraph (2) of this 
Act are sufficient for reasonable doubt that 
the consensual patent complies with the 
requirements referred to in Article 41  of this 
Act, the response referred to in paragraph 
(3) of this Article shall also contain a request 
for the substantive examination.  
CONTINUATION OF THE PROCEDURE 
FOR THE DECLARATION OF NULLITY 
OF A PATENT BY THE OFFICE OF ITS 
OWN MOTION  
Article 82  
(1) If the person having filed the proposal for the declaration of nullity of a patent 
withdraws the proposal in the course of the 
procedure, the Office may continue the 
procedure of  its own motion.  
(2) The same applies where the patent owner has surrendered the patent or the patent has 
lapsed.  
DECISION CONCERNING THE 
PROPOSAL FOR THE DECLARATION 
OF NULLITY OF A PATENT  
Article 83  
(1) On the basis of the results of the procedure, 
the Office sh all issue a decision on the 
declaration of nullity of a patent, entirely or in part, or the decision on the refusal of the 
proposal.  
(2) The patent application and the patent 
granted thereon shall not have from the 
outset the effects specified in Articles 58 to 
60 of this Act, to the extent that the patent 
has been declared null and void.  
DECLARATION OF NULLITY OF A 
SUPPLEMENTARY PROTECTION 
CERTIFICATE  
Article 84  
(1) A certificate shall be null and void if:  
1. it was granted contrary to the 
requirements prescribed by  this Act;  
2. the basic patent has lapsed according to 
Articles 76 and 77 of the Act;  
3. the basic patent is revoked entirely or in part whereby the product for which the certificate was granted would no longer be protected by the claims of the basic 
patent or, upon expiry of the basic 
patent, grounds for revocation exist 
which would have justified such 
revocation.  
(2) The provisions of this Act relating to the procedure concerning a proposal for the 
declaration of nullity of a patent shall apply 
mutatis mutandis to the procedure for the 
declaration of nullity of a supplementary protection certificate.  
X. REVOCATION OF THE DECISION ON THE 
GRANT OF A PATENT  
REASONS FOR THE REVOCATION OF 
THE DECISION ON THE GRANT OF A 
PATENT  
Article 85  
The decision on the grant of a  patent may be 
revoked prior to the expiration of the term of a 
patent, if it is established:  
1. that the viable biological material 
deposited in the authorized institution in 
compliance with the provisions of Article 
20, paragraph (6) of this Act no longer 
exists or that the said material is no 
longer available to the public,  
2. that its availability to the public through the authorized institution in which it was 
deposited was discontinued in the period 
longer than that prescribed.  
PROPOSAL AND PROCEDURE 
CONCER NING THE REVOCATION OF 
THE DECISION ON THE GRANT OF A 
PATENT  
Article 86  
(1) The procedure concerning the revocation of the decision on the grant of a patent shall 
begin with the filing of a proposal with the 
Office.  
(2) The provisions of this Act relating to the 
content of the proposal and to the procedure 
concerning the declaration of nullity of a patent shall apply 
mutatis mutandis  to both 
the content of the proposal and the 
procedure concerning the revocation of the 
decision on the grant of a patent.  Patent Act and  
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May 2018     22  DECISION O N THE PROPOSAL 
CONCERNING THE REVOCATION OF 
THE DECISION ON THE GRANT OF A 
PATENT  
Article 87  
(1) On the basis of the results of the procedure, 
the Office shall issue a decision on the 
revocation of the decision on the grant of a 
patent, or the decision refusing the proposal 
as unfounded.  
(2) The decision on the revocation of the 
decision on the grant of a patent shall have 
legal effect from the date on which the Office 
has established that the viable biological 
material no longer exists, or is no longer 
available to the public for other reasons, or 
that the discontinuance of availability of the viable biological material to the public has 
taken place within a period longer than that 
prescribed.  
XI. ENFORCEMENT OF RIGHTS  
1. CIVIL PROTECTION OF RIGHTS  
ACTION FOR THE ESTABLISHMENT OF 
THE RIGHT TO PATENT PROTECTION  
Article 88  
(1) The inventor or his successor in title shall be 
entitled to file an action with the competent 
court, to request the establishment of the 
right to the patent protection of the 
invention, if a patent application has been 
filed by a person not entitled to such right or, 
in case of a jointly created invention, by the 
person who is not the sole person entitled to 
such right.  
(2) The action referred to in paragraph (1) of 
this Article may be brought  up until the 
decision on the grant of a patent is made.  
(3) The action shall be disposed of as soon as possible.  
RIGHT TO RESUME THE PROCEDURE 
FOR THE GRANT OF A PATENT BY 
VIRTUE OF THE FINAL COURT 
DECISION  
Article 89  
The inventor or his successor in title respectively, whose right to the grant of patent protection for 
the invention has been established by a final court 
decision, shall be entitled to resume the procedure 
for the grant of a patent within 3 months from th e 
date the court decision becomes final or to file a new application for the same invention claiming the 
filing date and priority date, if any, of the application filed by the applicant not entitled to the grant of the patent.  
 ACTION FOR THE INFRINGEMENT  OF 
THE INVENTOR’S MORAL RIGHT 
Article 90  
(1) The inventor shall be entitled through a civil 
action before the court to request the entry 
of his name into the patent application and 
all the documents issued for a patent as well 
as in the appropriate Office reg isters, if the 
person mentioned as such in the application 
is not the inventor.  
(2) The right to the action referred to in 
paragraph (1) of this Article shall also belong 
to the inventor of the joint invention who is 
not mentioned in the patent application.  
(3) The request referred to in paragraph (1) of 
this Article may be accompanied by a request 
for the final court decision to be published at 
the expense of the defendant.  
(4) There shall be no time limit for an action 
referred to in paragraphs (1) and (2) of this 
Article. After the death of the inventor the 
right to an action shall belong to his heirs.  
ACTION CONCERNING THE 
INFRINGEMENT OF A PATENT  
Article 91  
(1) The patent owner or the holder of an 
exclusive license shall be entitled to a civil 
action before the compet ent court against 
any person who infringes the patent by 
performing any of the acts referred to in 
Article 58, paragraphs (2) and (3) and Article 
59 of this Act.  
(2) The right to the action referred to in 
paragraph (1) of this Article, after the publication of  a patent application, shall 
belong to the applicant of a published 
application or the holder of an exclusive 
license.  
(3) The owner of a consensual patent shall be required to prove, prior to the action referred 
to in paragraph (1) of this Article, that he 
has filed a request for the grant of a patent 
on the basis of the substantive examination 
of a patent application.  
 CLAIMS CONTAINED IN THE ACTION  
Article 92  
(1) An action for the infringement of a patent 
may contain a claim for:  Patent Act and  
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May 2018     23  1. establishment of the existence o f an 
infringement,  
2. prohibition of specified acts infringing the 
patent,  
3. compensation for damages in cases 
where the infringement was committed 
intentionally or by negligence,  
4. seizure and destruction of products 
resulting from or acquired by the 
infringemen t of a patent, and articles 
(implements and tools) predominantly used for the manufacturing of the 
products infringing a patent,  
5. an order requiring the infringer to inform 
the plaintiff of the identity of third persons involved in the production and 
distribution of the infringing goods or 
services and of their channels of 
distribution, unless this would be out of 
proportion to the seriousness of the 
infringement,  
6. the laying of accounts,  
7. the publication of  the court  decision at 
the expense of the defendant.  
(2) The patent applicant shall be entitled to 
claim compensation for damages incurred 
from the publication date of the patent 
application in the manner provided for in Article 35 of this Act.  
(3) In respect of details concerning the compensation for da mages caused by the 
infringement of a patent not regulated by 
this Act, the corresponding provisions of the 
Obligatory Relations Act shall apply.  
BURDEN OF PROOF  
Article 93  
(1) If the subject matter of the infringement is a patent protected process for obtain ing a new 
substance, any equal substance or any substance of equal composition shall be 
considered as resulting from the protected 
process, unless proved to the contrary.  
(2) The burden of proof shall be on the defendant preparing such a product or 
composition .
 
ORDERING A PROVISIONAL MEASURE  
Article 94  
(1) The action referred to in Article 92 of this Act 
may, before the court final decision comes 
into effect, constitute a claim for ordering a 
provisional measure comprising:  1. the order to cease and desist from acts 
infringing the patent,  
2. the seizure or exclusion from circulation 
of products resulting from or acquired by 
the infringement of a patent and of the 
articles (implements and tools) 
predominantly used in the manufacture 
of the products infringing a patent,  
3. the order to the infringer to inform the 
plaintiff of the identity of third persons involved in the production and 
distribution of the infringing goods or 
services and of their channels of 
distribution, unless this would be out of 
proportion to the seriousnes s of the 
infringement.  
(2) By way of derogation from the provisions referred to in paragraph (1) of this Article, 
the proposal for ordering a provisional 
measure may be filed even before the action, 
provided that the action is brought within 15 
days from the d ay of filing a proposal.  
(3) The court may order provisional measures 
inaudita altera parte  where appropriate, in 
particular where any delay is likely to cause irreparable harm to the right holder, or 
where there is a demonstrable risk of 
evidence being destro yed. 
(4) Where provisional measures have been 
adopted inaudita altera parte , the parties 
affected shall be given notice without delay, 
and not later than within 7 days after the 
execution of the measures.  
(5) The court may require the applicant to provide any reas onably available evidence in 
order to confirm with a sufficient degree of 
certainty that the applicant is the right holder 
and that the applicant's right has been 
infringed or that such infringement is 
imminent, and to order the applicant to 
provide a security or equivalent assurance 
sufficient to protect the defendant and to 
prevent abuse.  
(6) In respect of details concerning the ordering 
of provisional measures not regulated by this 
Act, the corresponding provisions of the 
Execution Act shall apply.  
STATUTE O F LIMITATIONS FOR 
ACTIONS CONCERNING THE 
INFRINGEMENT OF A PATENT  
Article 95  
An action concerning an infringement of a patent 
may be initiated within 3 years from the day of learning of the infringement and the infringer, but Patent Act and  
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May 2018     24  not after the expiration of the period of 5 years 
from the day on which the infringement was 
committed.  
URGENCY OF THE PROCEDURE 
CONCERNING THE ACTION FOR THE 
INFRINGEMENT OF A PATENT  
Article 96  
The action concerning the infringement of a patent 
shall be initiated as soon as possible . 
2. MISDEMEANOR PROVISIONS  
Article 97  
(1) Any legal person shall be punished for a misdemeanor by a fine amounting from HRK 
20,000 to 100,000, if such act is contrary to 
the provisions of this Act:  
1. making, offering for sale, selling, or 
importing and stocking  for such purposes a 
product manufactured according to the 
protected invention (Article 58, paragraph 
(2), item 1, and Article 59),  
2. using or offering for use a process which is the subject -matter of the protected 
invention (Article 58, paragraph (2), item 2, 
and Article 59),  
3. offering for sale, selling, using, exporting or 
importing and stocking for such purposes a 
product obtained directly from the process 
which is the subject -matter of the 
protected invention (Article 58, paragraph 
(2), item 3, and Article  59), 
4. offering or delivering a product which 
constitutes the essential element of the 
protected invention (Article 52, paragraph (3), and Article 59).  
(2) Any natural person shall be punished for a misdemeanor referred to in paragraph (1) of 
this Article by a fine amounting from HRK 
2,000 to 8,000  
(3) A responsible person in the legal entity shall 
also be punished for a misdemeanor referred 
to in paragraph (1) of this Article by a fine 
amounting from HRK 5,000 to 10,000.  
(4) Articles intended or used for the commitmen t 
of the misdemeanor referred to in 
paragraphs (1), (2) and (3) of this Article 
shall be seized and destroyed, the final 
decision to that effect being issued by the 
judicial authority.  
 Article 98  
(1) The commitment of misdemeanors referred 
to in Article 97 o f this Act shall, in addition to 
a fine, be subject to the pronunciation of the protective measure ordering the seizure of 
products resulting from or acquired by the 
commitment of misdemeanors, and of 
objects (tools and implements) 
predominantly used in th e manufacture of 
products infringing a patent, irrespective of 
whether they are the property of the 
infringer or not.  
(2) The decision referred to in paragraph (1) of this Article may comprise the ordering of the 
destruction of the seized articles and objects.  
XII. EUROPEAN PATENT APPLICATION AND 
EUROPEAN PATENT  
EXTENSION OF THE EFFECTS OF 
EUROPEAN PATENTS  
Article 99  
(1) A European patent application and a 
European patent extending to the Republic of Croatia shall, subject to the provisions of this 
Chapter, have the effect of and be subject to 
the same conditions as a national patent 
application and a national patent under this 
Act. 
(2) Pursuant to this Act:  
5. "European patent application" means an 
application for a European patent filed 
under the European Patent Conven tion 
(hereinafter: EPC), as well as an 
international application filed under the 
Patent Cooperation Treaty (hereinafter: 
PCT) for which the European Patent 
Office (hereinafter: EPO) acts as the 
designated or elected Office and in which 
the Republic of Croa tia is designated;  
6. "extended European patent" means a 
European patent granted by the EPO on 
a European patent application in respect 
of which extension to the Republic of 
Croatia has been requested;  
7. "national patent application” means a 
patent application filed to the Office 
under this Act;  
8. "national patent" means a patent granted 
on the basis of a national patent 
application.  Patent Act and  
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May 2018     25  REQUEST FOR EXTENSION  
Article 100  
(1) A European patent application and a 
European patent granted on such application 
shall be extended to the Republic of Croatia 
at the request of the applicant. The request 
for extension shall be deemed to be filed 
with any European patent application filed on 
or after the date on which the Cooperation 
Agreement between the Government of the 
Republic of C roatia and the European Patent 
Organization enters into force.  
(2) The Office shall publish any request for 
extension as soon as possible after it has 
been informed by the EPO that the 
prescribed extension fee has been paid, but 
not before the expiry of 18 months from the 
filing date or, if priority has been claimed, 
from the earliest priority date.  
(3) The request for extension may be withdrawn 
at any time. It shall be deemed withdrawn 
where the prescribed extension fee has not 
been paid in time or where the Eu ropean 
patent application has been finally refused, 
withdrawn or deemed withdrawn. The Office 
shall publish this as soon as possible if the 
request for extension has already been 
published by it in accordance with paragraph 
(2) of this Article.  
(4) The manner and the content of the 
publication according to paragraphs (1) and 
(2) of this Article shall be provided by a 
special regulation enacted by this Act.  
EXTENSION FEE 
Article 101  
(1) The extension fee under Article 100, 
paragraph (2) of this Act shall be paid to the 
EPO within the applicable time -limits 
provided under the EPC for the payment of 
the designation fee.  
(2) The extension fee may still be validly paid 
within the grace period specified in the EPC 
for the payment of designation fees, 
provided that a surcharge  of 50% is paid 
within this period.  
(3) For the payment of extension fees, the EPO 
Rules relating to Fees shall apply mutatis 
mutandis. Extension fees validly paid shall 
not be refunded.  EFFECTS OF EUROPEAN PATENT 
APPLICATIONS  
Article 102  
(1) A European patent application which has 
been accorded a filing date shall be 
equivalent to a  regular national patent 
application where appropriate with the 
priority claimed for the European patent 
application, whatever its outcome may be.  
(2) A published European patent applica tion shall 
provisionally confer protection as conferred 
by a published national patent application 
under Article 60 of this Act from the date on 
which a translation of the published 
European patent application into the Croatian 
language has been communicat ed by the 
applicant to the person using the invention in 
the Republic of Croatia.  
(3) The European patent application shall be 
deemed not to have had ab initio the effects 
referred to in paragraph (2) of this Article, 
where the request for extension has been 
withdrawn or is deemed withdrawn.  
EFFECTS OF EUROPEAN PATENTS  
Article 103  
(1) An extended European patent shall, subject 
to paragraphs (2) to (6) of this Article, confer 
from the date of publication of the mention 
of its grant by the EPO the same rights as 
would be conferred by a national patent 
granted under this Act.  
(2) Within three months from the date on which 
the mention of the grant of the European 
patent has been published, the owner of the 
patent shall furnish the Office with a 
translation of the specifica tion of the 
European patent in the Croatian language 
and shall pay the prescribed administrative 
fee and procedural charges for publication in 
the official gazette of the Office, in 
compliance with Article 16 of this Act.  
(3) If, as a result of an opposition f iled with the 
EPO, the European patent is maintained with amended claims, the owner of the patent 
shall, within three months from the date of 
publication of the decision to maintain the 
European patent as amended, furnish the 
Office with a translation of t he amended 
claims in the Croatian language and pay the 
prescribed administrative fee and procedural 
charges for publication in the official gazette 
of the Office.  
(4) Where the text of claims contains reference 
signs used in the drawings, such drawings Patent Act and  
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May 2018     26  shall b e attached to the translation referred 
to in paragraphs (2) and (3) of this Article.  
(5) The Office shall publish in its official gazette 
mention of any translation duly filed under 
paragraph (2) or (3) of this Article as soon as 
possible. The content of the p ublication shall 
be provided by the Regulations.  
(6) If the translation specified in paragraph (2) 
or (3) of this Article is not filed in the prescribed time -limit or the prescribed 
administrative fee and procedural charges 
are not paid in due time, the extend ed 
European patent shall be deemed to be void 
ab initio . Article 122 of the EPC shall apply 
mutatis mutandis .  
(7) An extended European patent and the 
European patent application on which it is based shall be deemed not to have had 
ab 
initio the effects specified in paragraph (1) of 
this Article and Article 102, paragraph (2) of this Act to the extent that the patent has 
been revoked in opposition proceedings 
before the EPO.  
(8) The Office shall issue a decision on the entry 
of the extended European patent in to the 
Register of Patents referred to in Article 49 of 
this Act.  
AUTHENTIC TEXT OF EUROPEAN 
PATENT APPLICATIONS OR 
EUROPEAN PATENTS  
Article 104  
(1) The text of a European patent application or a European patent in the language of the 
proceedings before the EP O shall be the 
authentic text in any proceedings in the 
Republic of Croatia.  
(2) Where the translation in the Croatian language confers protection narrower than 
that conferred by the extended European 
patent application or the extended European 
patent, the tra nslation as provided for under 
Articles 102 and 103 shall be regarded as 
authentic, except in the revocation 
proceedings.  
(3) An applicant for a European patent or the owner of an extended European patent may 
file a corrected translation at any time. The 
corrected translation of the claims of a 
published European patent application shall not have any legal effects until it has been 
communicated to the person using the 
invention in the Republic of Croatia. The corrected translation of the specification of 
an ext ended European patent shall not have any legal effect until mention of it has been published by the Office as soon as possible 
after payment of the administrative fee and 
procedural charges prescribed for the 
publication.  
(4) Any person who, in good faith, use s or has 
made effective and serious preparations for 
using an invention, the use of which would 
not constitute infringement of the application 
or patent in the original translation may, 
after the corrected translation takes effect, 
continue such use in the  course of his 
business or for the needs thereof without 
payment.  
RIGHTS OF EARLIER DATE  
Article 105  
(1) A European patent application for which the 
extension fee has been paid and an extended 
European patent shall have, with regard to a 
national patent application and a national 
patent, the same state of the art effect as a  
national patent application and a national 
patent.  
(2) A national patent application and a national patent shall have, with regard to an 
extended European patent, the same state of 
the ar t effect as they have with regard to a 
national patent.  
SIMULTANEOUS PROTECTION  
Article 106  
Where an extended European patent and a national patent having the same filing date or, where priority has been claimed, the same priority date 
has been granted to the same person or his 
successor in title, the national patent shall have no 
effect to the extent that it covers the same 
invention as the extended European patent as from 
the date on which the time limit for filing an 
opposition to the European patent has  expired 
without an opposition having been filed, or as from the date on which the opposition procedure has 
resulted in a final decision maintaining the 
European patent.  
RENEWAL FEES FOR EXTENDED 
EUROPEAN PATENTS  
Article 107  
(1) Renewal fees for an extended European 
patent shall be paid to the Office for the 
years following the year in which the 
mention of the grant of the European patent 
was published.  
(2) Article 141, paragraph (2) of the EPC shall 
apply mutatis mutandis .  Patent Act and  
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May 2018     27  APPLICABILITY OF THE EPC  
Article 108  
The provisions of the EPC and its implementing 
regulations shall not apply unless otherwise 
provided in the provisions of this Act.  
XIII. INTERNATIONAL APPLICATION UNDER 
THE PATENT COOPERATION TREATY  
INTERNATIONAL APPLICATION  
Article 109  
(1) An international ap plication shall be an 
application filed in compliance with the PCT. 
Any reference to the PCT in this Chapter of 
the Act shall be, at the same time, 
considered to be a reference to the 
Regulations under the Patent Cooperation 
Treaty.  
(2) The provisions of the P CT, this Act, and a 
regulation enacted by virtue of this Act shall apply to an international application filed 
with the Office as the receiving office, or in 
which the Office is indicated as a designated 
or elected office.  
INTERNATIONAL APPLICATION FILED 
WITH THE OFFICE AS THE RECEIVING 
OFFICE  
Article 110  
(1) An international application may be filed with the Office as the receiving office if the 
applicant is a Croatian national, or any 
natural person domiciled in the Republic of 
Croatia or a legal person having its principal place of business in the Republic of Croatia.  
(2) The filing of the international application referred to in paragraph (1) of this Article 
shall be, in compliance with Article 16 of this 
Act, subject to the pay ment of the prescribed 
administrative fee and procedural charges for 
its transmittal to the International Bureau, 
within one month from the date of receipt of 
the international application.  
INTERNATIONAL APPLICATION FILED 
WITH THE OFFICE AS THE 
DESIGNATED OR ELECTED OFFICE  
Article 111  
(1) An international application in which the Republic of Croatia is designated or elected, 
in compliance with the provisions of the PCT, 
for the grant of a national patent, shall, 
subject to payment of the administrative fee 
and procedural charges, be filed with the 
Office in the Croatian language not later than up to the expiration of a period of 31 months from the international filing date or priority date respectively, if priority is claimed in the 
international application in compliance with 
Article 8 of the PCT.  
(2) The international application filed with the Office as a designated or elected office shall 
be published in the official gazette of the 
Office in a manner provided for in Article 35 
of this Act.  
(3) The provisional rights provided for under the 
provisions of Article 60 of this Act for the 
international applications referred to in 
paragraph (1) of this Article shall be effective 
as of the date of publication of the 
translation in the Croatian language.  
(4) In respect of internat ional applications 
referred to in paragraph (1) of this Article, 
the time limit within which one of the 
requests referred to in Article 36 of this Act 
may be filed shall run from the date of the 
publication in the official gazette of the 
Office.  
(5) An interna tional application published under 
Article 21 of the PCT shall not be considered state of the art under Article 8, paragraph 
(3) of this Act as long as the conditions set 
out in paragraph (1) above have not been 
met.  
XIV. TRANSITIONAL AND FINAL 
PROVISIONS  
PATENTS GRANTED UP TO THE 
APPLICATION OF THIS ACT  
Article 112  
(1) Patents entered into the Office Patent 
Register up to the date determined for the 
application of this Act shall remain in effect 
and the provisions of this Act shall apply to 
them.  
(2) The owner of  a patent protecting the 
invention of medicine for humans and 
animals or inventions relating to the 
application of substances or compositions in 
the treatment of humans and animals, where 
the application was filed up to 31 December 
1992, or the priority fo r such application was 
claimed up to 31 December 1992 may, in the 
procedure concerning the infringement of a 
patent, claim remuneration only through an 
action for the period after 1 January 1993.  Patent Act and  
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May 2018     28  PENDING PROCEDURES  
Article 113  
(1) All patent granting procedure s, procedures 
concerning proposals for the declaration of a 
patent null and void, and procedures 
concerning proposals for the revocation of 
the decision on the patent grant pending up 
to the beginning of application of this Act, 
shall be carried out accord ing to the 
provisions in force up to the beginning of 
application of this Act.  
(2) Procedures concerning the infringement of a patent or rights conferred by a patent 
application pending up to the day the 
application of this Act begins, shall be carried 
out acc ording to the provisions in force up to 
the day the application of this Act begins.  
TRANSLATIONS ACCORDING TO THE 
AGREEMENT ON THE APPLICATION 
OF ARTICLE 65 OF THE EPC  
Article 114  
(1) The provisions of Article 103, paragraphs (2) 
and (3) of this Act providing for the 
obligation of the owner of the extended 
European patent to provide a translation of 
the specification and amended claims in the 
Croatian language, shall apply until the entry 
into force of the Agreement on the 
Application of Article 65 of the EPC, dated 17 
October 2000.  
(2) After the entry into force of the Agreement 
referred to in paragraph (1), the owner of a patent shall provide the Office with the 
following:  
1. a patent specification in the English 
language or a translation in the English language of t he specification, and the 
translation in the Croatian language of claims, where a patent has been granted 
in a language of the proceedings other 
than English, within the time limit and 
subject to payment of the prescribed 
administrative fee and procedural 
charges for publication as provided for 
under Article 103, paragraph (2) of this 
Act; 
2. a translation in the English and Croatian languages of the amended claims, where 
the extended European patent is 
maintained with amended claims, within 
the time limit and  subject to payment of 
the prescribed administrative fee and procedural charges for publication as 
provided for under Article 103, paragraph 
(3) of this Act.  (3) In the case of a dispute relating to the 
extended European patent, and upon the 
request of the all eged infringer, or the 
competent court or other judicial authority in 
the course of legal proceedings, the owner 
shall, at his own expense, provide a full 
translation of the specification in the Croatian 
language.  
(4) The translation referred to in paragraph ( 3) 
of this Act shall be regarded as authentic in 
any proceedings in the Republic of Croatia, 
except in revocation proceedings, where the translation in the Croatian language confers 
protection narrower in scope than that 
conferred by the extended European patent 
in the language of proceedings.  
REGULATIONS  
Article 115  
The Regulations defining the matters referred to in: 
Article 17, paragraph (2); Article 20, paragraph (9); 
Article 21; Article 30, paragraph (2); Article 31, 
paragraph (2); Article 35, paragrap h (4); Article 36, 
paragraph (3); Article 39, paragraph (4); Article 42, 
paragraph (2); Article 43, paragraph (3); Article 49, paragraph (3); Article 50, paragraph (2); Article 51, 
paragraph (2); Article 52, paragraph (2); Article 53, 
paragraph (2); Articl e 54, paragraph (3); Article 55, 
paragraph (4); Article 57, paragraph (7); Article 71, 
paragraph (9); Article 73, paragraph (2); Article 74, 
paragraph (1); Article 103, paragraph (5) and 
Article 109, paragraph (2) shall be enacted by the Minister competent  for the work of the Office, upon 
a proposal by the Director General of the Office, not later than the date the application of this Act 
begins.  
CESSATION OF THE VALIDITY OF 
OTHER PROVISIONS  
Article 116  
The provisions of the Patent Act ( Official Gazette  
nos. 78/1999 and 32/2002) shall cease to be valid 
on the date the application of this Act begins, with 
the exception of provisions set out in Article 95, in 
the section relating to representation, which shall 
apply up to the enactment of a special act.  
DEFER RED APPLICATION OF 
PARTICULAR PROVISIONS OF THE 
ACT 
Article 117  
(1) The application of the provisions laid down in Articles 71 –73 and Article 84 of this Act shall 
begin on 1 March 2010.  
(2) The provisions laid down in Articles 99 – 108 
and Article 114 of this Act shall apply from 
the entry into force of the Cooperation Patent Act and  
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May 2018     29  Agreement between the Government of the 
Republic of Croatia and the European Patent 
Organization in the field of patents, in 
compliance with the provisions of the Act 
Ratifying the Cooperation Agreement 
between the Government of the Republic of 
Croatia and the European Patent 
Organization in the field of patents ( Official 
Gazette  – International Treaties, No. 
14/2003).  
ENTRY INT O FORCE AND 
APPLICATION OF THE ACT  
Article 118  
This Act shall enter into force on the eighth day following the date of publication thereof in the 
Official Gazette of the Republic of Croatia, and shall 
be applied as of 1 January 2004.  Patent Act and  
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May 2018     30  THE ACT ON AMENDMENTS  TO THE PATENT 
ACT * 
 
In the Patent Act («Official Gazette» No. 173/03) 
Article 4 is amended to read:  
“(1)  A legal or a natural person not having a 
principal place of business, a domicile or a 
habitual residence in the territory of the Republic of Croatia  must be represented 
before the State Intellectual Property Office (hereinafter: the Office) by a representative 
entered in the Register of Representatives 
kept by the Office, if the matter of 
representation is not otherwise provided for 
by law.  
 
(2)  By way of derogation from the provision set 
out in paragraph (1) of this Article, a foreign 
legal or natural person may individually, 
without a representative, perform the following acts:  
1.  File patent applications,  
2.  Perform other acts relating to the 
establishment of the filing date of a 
patent application,  
3.  File true copies of the first patent 
application, when claiming priority right referred to in Article 23 of this Act,   
4.  Receive from the Office notifications 
relating to the procedures referred  to in 
items 1 to 3 of paragraph (2) of this 
Article,  
5. Pay the administrative fees and 
procedural charges in accordance with 
Article 16 of this Act.  
(3)  In the case of individually performing the 
acts, referred to in paragraph (2) of this 
Article, a for eign legal or natural person shall 
communicate to the Office the address for correspondence, which shall be in the 
territory of the Republic of Croatia.  
(4)  If a foreign legal or natural person fails to 
appoint a representative or to communicate 
the addre ss for correspondence to the Office, 
in accordance with the provision set out in 
paragraph (3) of this Article, the Office shall 
invite it in writing to appoint a representative 
or to communicate the address for 
correspondence within a period of three 
months. 
(5)  If a foreign legal or natural person fails to 
comply with the invitation of the Office 
referred to in paragraph (4) of this Article, 
the Office shall reject its communication by a 
decision, and provide for the legal service to 
be made by displayin g of communications on 
the notice board of the Office.        
(6)  By way of derogation from the provision set 
out in paragraph (1) of this Article, the administrative fees and procedural charges 
for the maintenance of a patent may be paid 
by any person.”   
 
Article 2  
In Article 21, item 3 is amended to read:  
“a part of the patent application, which, at first sight appears to be the description of the invention, 
even though such description does not comply with 
all the requirements prescribed by this Act and the 
Regulations.”      
 
Article 3  
In Article 24 parag raphs (2), (3), (4) and (5) are 
added to read:  
“(2)  If a patent application claiming priority of the 
first application is filed on the date, which is 
later than the date on which the priority 
period referred to in Article 23 paragraph (1) 
of this Act expi red, the patent applicant may 
file a request for the restoration of the 
priority right.  
(3)  The request referred to in paragraph (2) of 
this Article may be filed within two months 
from the date of expiration of the priority 
period.  
(4)  The Office shall a dopt a request for the 
restoration of the priority right, provided that the applicant:  
1.  State the reasons for the failure to 
comply with the priority period in spite of 
due care required by the circumstances 
having been taken, and  
2.  Pay the administra tive fees and 
procedural charges referred to in Article 
16 of this Act.  
(5)  If the applicant fails to comply with the 
requirements referred to in paragraph (4) of 
this Article, the request referred to in 
paragraph (2) of this Article shall be rejected 
by a decision.”  
 
Article 4  
Following Article 24, Article 24a is added to read:  
 
“Article 24a  
(1)  A patent applicant may file a request for the 
correction or addition of a priority claim 
within a time limit of sixteen months from the priority date or, if the correction or addition 
would cause a change in the priority date, 
sixteen months from the priority date as so 
changed, whichever sixteen -month period 
expires first, provided that such a request is filed within four months from the filing date 
of the patent  application.  
(2)  In addition to the request referred to in 
paragraph (1) of this Article, the applicant Patent Act and  
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May 2018     31  shall pay the administrative fees and 
procedural charges referred to in Article 16 of 
this Act. If the applicant fails to pay the 
administrative fees and procedural charges 
within the prescribed time limit, the request 
shall be rejected by a decision.  
(3)  If the priority date is changed due to the correction or addition of the priority claim, the time limits shall be counted from the 
priority date as c hanged.  
(4)  The request referred to in paragraph (1) of 
this Article shall not be filed after the 
applicant has filed a request for publication of 
the application in accordance with Article 35 
paragraph (2) of this Act, unless such a request for publicati on is withdrawn before 
the technical preparations for publication of the application have been completed.”  
 
Article 5  
In Article 41 words “paragraph (6)” are added to 
follow words “Article 5”.  
 
Article 6  
In Article 57 paragraph (5) item 3 words: “Article 
23” shall be replaced by words: “Articles 24 and 
24a”. 
Item 6 is amended to read:  
“filing of the request referred to in Article 57a”.  
 
Article 7  
Following Article 57 a subtitle and Article 57a are 
added to read:  
“9. Continued Processing  
 
Article 57a  
(1) If the applicant for or the owner of a patent 
has failed to comply with a time limit for an 
act in a procedure before the Office and that 
failure has the direct consequence of causing 
a loss of rights conferred by a patent 
application or a patent, he may file  a request 
for the continued processing with respect to the patent application or the patent. The 
Office shall authorize the continued 
processing, provided that the applicant:  
1. Files a request for the continued 
processing, and performs all the omitted 
acts within the prescribed time limit, and  
2.  Pays the administrative fee and 
procedural charges in accordance with 
Article 16 of this Act.  
(2)  A request for the continued processing may 
be filed within two months from the day on 
which he learned about t he legal 
consequences referred to in paragraph (1) of 
this Article.  (3)  If the omitted acts have not been performed 
within the time limit referred to in paragraph 
(2) of this Article, or if the administrative fees 
and procedural charges referred to in Article 
16 of this Act have not been paid, a request 
for the continued processing shall be deemed 
not to be filed, and the decision to that effect 
shall be issued by the Office.  
(4)  A request for the continued processing shall 
not be filed, if failure to comply with concerns 
the time limit:  
1.  Referred to in paragraph (2) of this 
Article,  
2.  For filing the request referred to in Articles 24 and 24a of this Act,  
3.  For filing the proposal referred to in 
Article 57 of this Act,  
4.  For all the acts in the  procedures before 
the Office involving several parties.  
(5)  If the Office complied with the request 
referred to in paragraph (1) of this Article the 
provision set out in Article 57 paragraph (6) 
of this Act shall apply mutatis mutandis.”  
 
Article 8  
In Ar ticle 74 paragraph (1) words “by the 
Regulations” shall be replaced by words: “regulation enacted by virtue of this Act”.  
 
Article 9  
In Article 100 paragraph (4) words: “paragraphs 
(1) and (2)” shall be replaced by words “paragraphs (2) and (3)”.  
 
Article 10  
This Act shall enter into force on the day of its publication in the “Official Gazette”, while Article 5 has been applied as from 1 January 2004.  
  Patent Act and  
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May 2018     32  THE ACT  
ON AMENDMENTS TO THE PATENT ACT**  
 
Article 1  
In the Patent Act (“Official Gazette” 173/2003 and  
87/2005), in Article 5, paragraph (7) is added to 
read: 
“(7) The provision of paragraph (6) of this Article 
shall exclude patentability of the subject -matter or 
activities referred to in that provision only to the extent to which a patent application or a  patent 
relates to such subject -matter or activities as such.”  
 
Article 2  
In Article 6, paragraph (1), item 1 the Croatian word translated as “Act;” is replaced by the 
Croatian words translated as “Act, whereby”  
 
Article 3  
In Article 7 paragraph (1) after  the Croatian word 
translated as “morality” a comma is inserted and is followed by the Croatian words translated as “but 
not merely because such exploitation is prohibited 
by law or other regulation.”  
 
Article 4  
Article 15 is amended to read:  
“(1) The Sta te Intellectual Property Office 
(hereinafter: the Office) shall carry out the 
administrative procedures for the grant of patents, 
consensual patents and Supplementary Protection 
Certificates, and shall perform other administrative 
and professional tasks co ncerning the protection of 
inventions.  
(2) The administrative decisions issued by the 
Office in the first instance may be appealed and the 
appeals shall be decided on by the Board of Appeal 
in accordance with the provisions of this Act.   
(3) The provision s of the Act on General 
Administrative Proceedings shall apply to particular 
matters concerning the procedure referred to in 
paragraphs (1) and (2) of this Article, not regulated 
by this Act.  
(4) The administrative decisions issued by the 
Board of Appeal i n the second instance may be 
subject to administrative disputes, in accordance 
with the Act on Administrative Disputes.”  
 
Article 5  
In Article 16, paragraph (1), after the Croatian 
words translated as “maintenance of a patent” a 
comma is inserted and is f ollowed by the Croatian 
words translated as “a consensual patent and a 
Supplementary Protection Certificate”.  After paragraph (2), paragraph (3) is added to 
read: 
“(3) The filing of an appeal shall be subject to 
payment of the administrative fee and proced ural 
charges in accordance with special regulations. If the fee and procedural charges are not paid before 
the expiration of the appeal period, the appeal shall 
not be considered as filed.”  
 
Article 6  
In Article 23, paragraph (1), the Croatian words 
transl ated as “any legal or natural person”, are 
replaced by the same Croatian words in the appropriate grammatical case, with no relevance to 
the English translation, and the Croatian words 
translated as “his successor in title”, are replaced 
by the same Croati an words in the appropriate 
grammatical case, with no relevance to the English 
translation. After the Croatian words translated as 
“the first application”, a Croatian word is inserted, 
with no relevance to the English translation.   
 
Article 7  
In Article 2 4, paragraph (5) is amended to read:  
“(5) Prior to refusing a request for the restoration 
of the priority right, the Office shall inform the 
applicant of the reasons for which it intends to refuse the request in its entirety or in part, and 
shall invite him to file observations on such reasons 
within two months from the date of receipt of the 
invitation.”   
 
Article 8  
After Article 24a, Article 24b is added to read:  
“Article 24b  
The requests referred to in Article 24 paragraph (2) 
and Article 24a paragraph (1) of this Act may not 
be filed after the patent applicant filed a request for 
the publication of an application in accordance with 
Article 35 paragraph (2) of this Act, unless  such 
request for the publication is withdrawn before 
completion of the technical preparations for the 
publication of the application.”  
 
Article 9  
In Article 29, paragraph (1), item 3, a spelling error 
of the Croatian words translated as “in a foreign 
language” is corrected.  
In item 5, the Croatian words translated as “a 
natural or a legal person having domicile or 
principal place of business” are replaced by the 
Croatian words translated as “a natural or a legal 
person having principle place of business, or 
domicile or habitual residence”.  
 Patent Act and  
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May 2018     33  Article 10  
In Article 34, paragraph (1), items 4 and 5 are 
deleted.  
Paragraph (5) is deleted.  
The former paragraph (6) becomes paragraph (5).  
 
Article 11  
In Article 36, paragraph (1), item 2 is deleted.  
The former item 3 becomes item 2.  
 
Article 12  
The heading above Article 38, and Articles 38, 39 
and 40 are deleted.  
 
Article 13  
In Article 47, paragraph (1), item 2 is deleted.  
The former item 3 becomes item 2.  
 
Article 14  
In Article 48, paragraph (1), item 2 is deleted.  
The former item 3 becomes item 2.  
 
Article 15  
The heading above Article 54 and Article 54 are deleted.  
 
Article 16  
The heading above Article 57 translated as “8. 
Reinstatement of Rights” is amended to read “8. 
Restitutio in Integrum”.  
In Article 57 the Croatian words translated as 
“reinstatement of rights” in the appropriate 
grammatical case are replaced by the Croatian 
words translated as restitutio in integrum in the 
appropriate grammatical case.  
In paragr aph (3), the second sentence is added to 
read: 
“In the case of failure to comply with a time limit 
for payment of a renewal fee for the maintenance 
of a patent, the time limit prescribed in Article 74 
paragraph (3) of this Act shall be included in the 
one-year period.”  
In paragraph (5) item 7, number “104” is replaced by number “103”.  
 
Article 17  
In Article 58, paragraph (5) is amended to read:  
“(5) In the absence of proof to the contrary, a product shall be considered as having been obtained by a protected  process, if the product is 
new, or if it is likely that the product was obtained by a protected process, and that the patent owner 
has been unable, despite reasonable efforts, to 
determine the process actually used. The likelihood 
that the product was obt ained by the protected 
process shall exist, in particular, where the protected process is the only process known.”  
 
Article 18  
After Article 61, Title “Va AMENDMENT OF A 
PATENT”, a heading and Article 61a, are added to 
read: 
“ENTRY OF CHANGES IN THE REGIST ERS 
Article 61a  
(1) Upon the request by a party for the entry of 
changes in the register, the Office shall issue a 
decision on the entry in the Register of Patent 
Applications, or in the Register of Patents of the 
changes, which have occurred after the fil ing of the 
application, or following the entry of the decision 
on the grant of a patent.  
(2) The changes referred to in paragraph (1) of this 
Article, as entered, shall be published in the official 
gazette of the Office.  
(3) The procedure concerning the entry of changes 
in the Registers of the Office, and the publication 
thereof in the official gazette, as well as payment of 
the fees and procedural charges shall be laid down 
by the Ordinance and special regulations enacted 
pursuant to this Act.”  
 
Article 19  
In Article 62, paragraph (5) is amended to read:  
“(5) A licence and the transfer of rights shall have effect against third persons from the date of their 
entry in the register.”  
After paragraph (5), paragraph (6) is added to read: 
“(6) The provisions of  this Article shall also apply 
mutatis mutandis to the conclusion of licence 
contracts and contracts on the transfer of the rights 
conferred by a patent application, a consensual 
patent and a Supplementary Protection Certificate.”  
 
Article 20  
After Article  62, headings and Articles 62a and 62b 
are added to read:  
“RIGHTS IN REM AND LEVY OF EXECUTION”  
Article 62a  
(1) A patent may be the subject of the rights in 
rem and levy of execution.  
(2) A right in rem shall be entered in the register upon the request of a lien creditor or a lien debtor. 
The granting of a right in rem shall have effect Patent Act and  
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May 2018     34  against third parties as of the date of its entry in 
the register.  
(3) The court levying an execution ex officio shall 
inform the Office without delay of the execution 
levied upon a patent for the purpose of the entry of 
the levy of execution in the register. The entry of 
the levy of execution in the register shall be carried 
out at the expense of the execution creditor.  
(4) The provisions of this Article shall also apply 
mutatis mutandis to the grant of the rights in rem 
and to the levy of execution upon the right 
conferred by a patent application, a consensual 
patent and a Supplementary Protection Certificate.  
 
BANKRUPTCY PROCEEDINGS  
Article 62b  
Where a patent, or the righ t conferred by a patent 
application, a consensual patent or a 
Supplementary Protection Certificate forms part of 
a bankruptcy estate, the bankruptcy estate manager shall inform the Office ex officio of the 
institution of the bankruptcy proceedings for the 
purpose of the entry of the bankruptcy in the 
register.”  
 
Article 21  
Article 66 is amended to read:  
“(1) The placing on the market in the territory of the Republic of Croatia, or, after the accession of 
the Republic of Croatia into the full membership of 
the European Union, in the territory of any of the 
States of the European Union, or States Parties to 
the Agreement Creating the European Economic 
Area, of a product made according to the invention 
or a product directly obtained by a process which is 
the su bject matter of an invention by the owner of 
a patent, or with his express authorization shall 
exhaust for the territory of the Republic of Croatia, 
the exclusive rights conferred by the patent in 
respect to such a product.  
(2) The provisions of paragraph (1) of this Article shall also apply mutatis mutandis to the exclusive 
rights conferred by the Supplementary Protection 
Certificate.”  
  
Article 22  
After the Title “VII COMPULSORY LICENCES”, a 
subheading 1, Article 67a and subheading 2 are 
added to read:  
“1. Common Provisions  
 COMPETENCE AND PROCEDURE FOR 
THE GRANT OF A COMPULSORY 
LICENCE  
 
Article 67a  
(1) The Commercial Court in Zagreb shall be 
competent to grant compulsory licences.  
(2) The procedure for the grant of a compulsory 
licence shall be instituted by a legal action against 
the owner of a patent or a holder of a 
Supplementary Protection Certificate, containing an 
application for the grant of a compulsory licence. In 
the notice of legal action, the plaintiff shall indicate 
all the facts and present all the evidence, on which 
the application is based. The court shall decide on the grant of a compulsory licence by a judgment.  
(3) The decisions of the court issued in the procedur es for the grant of a compulsory licence 
may be appealed in accordance with the rules laid 
down in the Act on Civil Proceedings.  
(4) In the absence of proof to the contrary, it shall 
be considered that, in the procedure for the grant 
of a compulsory licenc e, the owner of a patent or 
the holder of a Supplementary Protection Certificate 
is the person who is entered as such in the Register 
of Patents.  
(5) The Act on Civil Proceedings shall apply to 
particular matters relating to the procedure for the 
grant of  a compulsory licence, not regulated by this 
Act.  
2. Compulsory licences in the cases of insufficient 
exploitation of a patent, national emergencies, the 
need for protection from unfair market competition, 
exploitation of another patent or protected plant 
variety, and cross -licensing.”  
 
Article 23  
In Article 68, paragraph (4), the words cited at the 
end of the first sentence “or protected plant 
variety” are deleted.  
 
Article 24  
After Article 69, a subheading “3. Compulsory 
licences for patents relating to the manufacture of 
pharmaceutical products intended for export to 
countries having public health problems”, and 
headings and Articles 69a to 69h are added to 
read: 
“GRANTING OF A COMPULSORY LICENCE”  
Article 69a  
(1) The court may grant to any person filing an 
application pursuant to the provisions of this Act, a compulsory licence for a patent and/or issue a 
Supplementary Protection Certificate required for 
the manufacture and sale of pharmaceutical Patent Act and  
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May 2018     35  products, when such products are intended for 
export to imp orting countries having public health 
problems. When deciding on the grant of a 
compulsory licence the court shall take into 
consideration in particular, the need to implement 
the Decision adopted by the WTO General Council 
on 30 August 2003 on the impleme ntation of 
paragraph 6 of the Doha Declaration on the TRIPS 
Agreement and Public Health (hereinafter: the 
Decision) of 14 November 2001.  
(2) The pharmaceutical product referred to in paragraph (1) of this Article shall be any product of 
the pharmaceutical industry, including medicinal 
products for human use, comprising any substance 
or combination of substances intended for treating 
or preventing disease in human beings, and any 
substance or combination of substances, which 
may be administered to human bein gs with a view 
to restoring, correcting or modifying physiological 
functions in humans, by exerting a 
pharmacological, immunological or metabolic 
action, or to making a medicinal diagnosis, 
including active ingredients and diagnostic kits ex 
vivo. 
(3) The importing country referred to in paragraph 
(1) of this Article shall be any country to which the 
pharmaceutical product is to be exported. The importing country may be:  
(a) any least -developed country appearing as such 
in the United Nations list;  
(b) any member of the WTO, other than the least -
developed country members referred to in item (a) 
of this paragraph that has made a notification to 
the Council for TRIPS of its intention to use the 
system as an importer, including whether it will use 
the system in whole or in a limited way;  
(c) any country that is not a member of the WTO, 
but is listed in the OECD Development Assistance 
Committee's list of low -income countries with a 
gross national product per capita of less than USD 745, and has made a notification  to the Office of its 
intention to use the system as an importer, including whether it will use the system in whole or 
in a limited way.  
(4) Any WTO member that has made a declaration 
that it will not use the system as an importing WTO 
member is not an eli gible importing country.  
(5) Importing countries, which are not WTO members, and are least developed or developing 
countries, eligible under paragraph (3) of this 
Article shall comply with additional requirements:  
(a) the importing country shall make the notification pursuant to the Decision directly to the 
Office;  
(b) the importing country shall state in the 
notification that it will use the system to address public health problems, and not as an instrument to 
pursue industrial or commercial policy objecti ves, 
and that it will adopt the measures referred to in 
paragraph 4 of the Decision;  
(c) the court may, upon a legal action instituted by a right holder or by the Office, terminate a 
compulsory license, if the importing country has 
failed to comply with it s obligations referred to in 
item (b).  
(6) A legal action containing an application for the 
grant of a compulsory license shall be instituted 
before the court pursuant to the provisions of 
Article 67a of this Act, if in the territory of the 
Republic of Croatia there is a patent or a 
Supplementary Protection Certificate the effects of which cover the intended manufacturing and sale 
activity for export purposes.  
(7) A legal action shall contain:  
(a) information concerning the applications for 
compulsory li cences filed in other countries for the 
same product with details of the quantities and 
importing countries concerned;  
(b) information concerning the applicant for a compulsory licence and of her/his representative, if 
any; 
(c) the non -proprietary name of the pharmaceutical 
product, which the applicant intends to manufacture under the compulsory licence;  
(d) the quantity of the pharmaceutical product, 
which the applicant intends to manufacture under 
the compulsory licence;                
(e) the importing c ountry;  
(f) evidence of prior negotiations with the right holder pursuant to the provisions of paragraph (10) 
of this Article;  
(g) evidence of a specific request from an authorized representative of the importing country, 
or a non -governmental organization  acting with the 
formal authorization of one or more importing 
countries, or UN bodies or other international 
health organization acting with the formal 
authorization of one or more importing countries, 
indicating the quantity of the product required.     
(8) When deciding on an application for the grant 
of a compulsory license, the court shall verify in 
particular the following:  
(a) whether each importing country cited in the application, which is a WTO member, has made a 
notification to the WTO pursuant t o the Decision, or 
whether each importing country cited in the 
application, which is not a WTO member, has made 
a notification to the Office pursuant to the 
provisions of this Article in respect of each of the 
products covered by the application. This shal l be 
without prejudice to the possibility, which the least -Patent Act and  
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May 2018     36  developed countries have pursuant to the Decision 
of the TRIPS Council of 27 July 2002;  
(b) that the quantity of the product cited in the 
application does not exceed that notified to the 
WTO and th e Office, respectively, by an importing 
country, which is a WTO member;  
(c) that, taking into account other compulsory 
licenses granted elsewhere, the total amount of the product authorized to be produced for any 
importing country does not significantly ex ceed the 
amount notified by that country to the WTO, and 
the Office, respectively.  
(9) The information referred to in paragraph (8) of this Article shall be provided and presented in a 
legal action by the applicant for the grant of a 
compulsory licence.  
(10) A compulsory license may be granted only if 
the applicant has made efforts to obtain 
authorization from the patent owner for the 
exploitation of the protected invention on reasonable commercial terms and conditions, and if 
such efforts have not been su ccessful within thirty 
days prior to a legal action. This provision shall not 
apply in situations of national emergency or other 
circumstances of extreme urgency, or in cases of 
public non -commercial use, pursuant to Article 31, 
item (b) of the TRIPS Agree ment.  
 
COMPULSORY LICENSE CONDITIONS  
Article 69b  
(1) A compulsory license shall be granted as a non -
exclusive license, and its scope and duration, which 
shall be cited in a decision on its grant, shall be 
exclusively limited to the purpose for which it has 
been granted. The quantity of products to be 
manufactured under such licence shall not exceed 
the quantity necessary to satisfy the needs of the 
importing country, or importing countries cited in a 
legal action, taking into account the quantity of the 
products manufactured under compulsory licenses 
granted elsewhere.   
(2) A compulsory license shall be transferred only with the production plant in which the invention, it 
is granted for, has been exploited.  
(3) In its decision the court shall specify the acts, 
which the applicant is entitled to perform, a nd 
which are necessary for the purpose of manufacturing the products intended for export 
and distribution in the country or countries cited in the application. No product made or imported 
under a compulsory license shall be offered for sale 
or put on the m arket in any country other than that 
cited in the application, except where an importing country avails itself of the possibilities under 
subparagraph 6(i) of the Decision to export to fellow members of a regional trade agreement that 
share the health prob lem in question.  
(4) In its decision the court shall order that the 
products made under such license shall be clearly 
identified, through specific labeling or marking, as 
being produced under a compulsory licence. The 
products shall be distinguished from those made by 
the right holder through special packaging and/or 
special coloring or shaping, provided that such 
distinction is feasible, and does not have a 
significant impact on price. The packaging and any 
associated literature shall bear an indication t hat 
the product is subject to a compulsory license, 
giving the name of the competent court which 
granted it, the file number and specifying clearly 
that the product is intended exclusively for export 
to and distribution in the importing country or 
countrie s. Details of the product characteristics 
shall be made available to the customs authorities 
in the Republic of Croatia and the Member States of 
the European Union.  
(5) In its decision the court shall order that before shipment to the importing country the  licensee shall 
post on a web site, the address of which shall be 
communicated to the Office, the following 
information:  
(a) the quantities of products being supplied under 
the licence to the importing countries;  
(b) the distinguishing features of the prod uct 
concerned.  
(6) If a product covered by a compulsory licence 
granted in the Republic of Croatia, is patented in the importing country cited in the application, the 
product shall only be exported if those countries 
have issued a compulsory licence for th e import, 
sale and/or distribution of the product concerned.  
(7) In its decision the court shall order the 
applicant to pay remuneration to the right holder, 
as determined by the court as follows:  
(a) in the cases of national emergency or other circumstanc es of extreme urgency or in cases of 
public non -commercial use under Article 31 item 
(b) of the TRIPS Agreement, the remuneration shall 
be a maximum of 4% of the total price to be paid by the importing country or on its behalf;  
(b) in all other cases, the remuneration shall be 
determined taking into account the economic value 
of the use authorized under the license to the 
importing country or countries concerned, as well as humanitarian or non -commercial circumstances 
relating to the issue of the license.  
(8) When the court decision on the grant of a 
compulsory license has become final, the court may, upon a claim for the preservation of evidence 
filed by the right holder, inspect books and other 
records kept by the licensee, for the sole purpose Patent Act and  
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May 2018     37  of checking  whether all the obligations contained in 
the court decision on the grant of a compulsory 
license, and in particular those relating to the final 
destination of the products, have been complied 
with. The books and records shall contain a proof 
of exportation of the product, in the form of a 
declaration of exportation certified by the customs 
authority, and a proof of importation.  
(9) The license conditions shall be without 
prejudice to the method of distribution in the 
importing country.  
 
REFUSAL OF AN APPLI CATION FOR THE GRANT OF 
A COMPULSORY LICENCE  
Article 69c  
The court shall refuse by a decision an application 
for the grant of a compulsory license if it does not 
contain elements necessary for taking a decision, or 
if any of the conditions for the grant of  a 
compulsory licence laid down in this Act have not 
been met.  
 
TERMINATION OR MODIFICATION OF A 
COMPULSORY LICENCE  
Article 69d  
(1) The right holder or the licensee may institute a 
legal action claiming from the court to terminate a 
compulsory licence, if it has established that the 
counter party has failed to respect a decision on 
the grant of a compulsory license. In its decision to 
terminate the compulsory license, the court shall 
specify the time period within which the licensee shall arrange for any pr oduct in his possession, 
custody, power or control to be redirected at his 
expense to the countries in need referred to in 
Article 69a of this Act, or otherwise disposed of, in 
consultation with the right holder.  
(2) When notified by the importing country that the 
amount of pharmaceutical product has become 
insufficient to met its needs, the licensee may 
institute a legal action, claiming the modification of 
the licence conditions, for the purpose of permitting 
the manufacture and export of additional quant ities 
of the product to the extent necessary to meet the 
needs of the importing country concerned. In such 
cases the court shall apply expeditious proceedings. 
If the additional quantity of the product requested 
does not exceed 25%, the provisions of Artic le 69a 
paragraph (8) of this Act shall not apply.  
 
NOTIFICATIONS  
Article 69e  
(1) The court shall notify the Council for TRIPS 
through the intermediary of the Office of its final 
decisions on the grant of compulsory licenses, and of the license conditions, as well as of its termination or modification.  
(2) The information provided shall include in 
particular:  
(a) the name and address of the licensee;  
(b) the product concerned;  
(c) the quantity to be supplied;  
(d) the importing country;  
(e) the duration of the licence;  
(f) the website address referred to in Article 69b, 
paragraph (5) of this Act.  
 
PROHIBITION OF IMPORTATION  
Article 69f  
(1) The import into the Republic of Croatia and the 
member countries of the European Union of 
products manufactured under a compulsory license 
granted pursuant to the provisions of this Act for 
the purposes of release for free circulation, re -
import, placing under suspensive procedures or 
placing in a free zone or free warehouse shall be 
prohibited.  
(2) Paragraph (1) of this A rticle shall not apply in 
the case of re- export to the importing country cited 
in the application and identified in the packaging 
and documentation associated with the product, or 
placing under a transit or customs warehouse 
procedure or in a free zone or free warehouse for 
the purpose of re -export to that importing country.  
 
ACTION BY CUSTOMS AUTHORITIES  
Article 69g  
(1) If there are sufficient grounds for suspecting that products manufactured under a compulsory 
license granted pursuant to the provisions of this 
Act are being imported in the Republic of Croatia 
contrary to the provisions of Article 69f paragraph (1) of  this Act, the competent customs authorities 
shall detain the products concerned for checking, as long as necessary, but not more than 10 
working days. If special circumstances apply, the 
competent customs authorities may decide on the 
extension of the det ention period by a maximum of 
10 working days.  
(2) The competent customs authorities shall inform without delay the right holder and the 
manufacturer or the exporter of the products 
concerned, about the detention referred to in 
paragraph (1), and shall in vite him to furnish 
information and evidence on the products 
concerned.  
(3) If in the detention period the competent customs authorities establish violation of the 
compulsory license, contrary to the prohibition Patent Act and  
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May 2018     38  referred to in Article 69f paragraph (1) of  this Act, 
it shall seize the products and put them out of 
circulation in accordance with the customs 
regulations.  
(4) The procedure of detention and seizure of the goods shall be carried out at the expense of the 
importer in accordance with the customs 
regulations. The importer and any other person 
who attempted illicit importation shall be severally 
responsible for the recovery of the expenses 
concerned.  
(5) If established that the importation of the 
products detained in accordance with the provisions 
of this Article would not violate the prohibition 
referred to in Article 69f paragraph (1) of this Act, 
the customs authorities shall release the products 
in the territory of the Republic of Croatia, provided 
that the customs regulations have been complied 
with. 
(6) The customs authorities shall notify the Office 
of any seizures and destruction of the products 
made in accordance with the provisions of this 
Article.  
Article 69h  
The provisions of Articles 69f and 69g of this Act 
shall not apply to import of sm all quantities of 
products within the limits laid down in respect of 
relief from customs duty, contained in traveler’s 
personal luggage intended for personal and non -
commercial use.”  
 
Article 25  
The headings above Articles 71, 72 and 73, and Articles 71, 7 2 and 73 are deleted.  
 
Article 26  
In Article 76, paragraph (1) is amended to read:  
“(1) The patent owner may surrender a patent in its entirety or in part by a written declaration on 
the surrender thereof, certified by the public 
notary. The declaration on  surrender shall take 
effect on the day following the day of its communication to the Office.”  
After paragraph (2), paragraph (3) is added to 
read: 
“(3) The surrender of a patent shall be entered into the register, and published in the official gazette of 
the Office.”  
 
Article 27  
A heading above Article 77, and Article 77 are 
deleted.  
 Article 28  
In Article 81, paragraph (4) the second sentence is 
added to read:  
“At the same time the Office shall invite the 
applicant to file, where necessary, the description, 
claims and drawings as amended, provided that the 
subject matter of the protection does not extend 
beyond the content of a patent as granted.”  
Paragraphs (5 ), (6) and (7) are amended to read:  
“(5) Before taking a decision to maintain a patent as amended, the Office shall inform the parties that 
it intends to maintain the patent as amended in the 
procedure for the declaration of nullity, and shall 
invite them to file their reasoned observations 
within a period referred to in paragraph (3) of this 
Article, if they disapprove of the text in which it 
intends to maintain the patent. If the parties 
disapprove of such text, the procedure for the 
declaration of nullit y may be continued.   
(6) If the parties approve of the text in which the 
Office intends to maintain the patent or if they fail 
to reply to the invitation referred to in paragraph 
(5) of this Article, the Office shall invite the owner 
of the patent to pay the administrative fee and 
procedural charges for printing a new patent 
specification within a period of 60 days from the 
receipt of the invitation. If the fee and procedural 
charges are not paid in due time, the patent shall 
be declared null and void with in the limits of the 
proposal.    
(7) Upon a reasoned request, the Office may 
extend the time limits referred to in this Article for 
a period it considers to be justified, but which shall 
not exceed 60 days.”  
After paragraph (7), paragraphs (8) and (9) are  
added to read:  
“(8) The Office may hold oral proceedings, if it 
considers it necessary in order to establish the facts 
essential for its decision.  
(9) If a proposal for the declaration of nullity of a consensual patent is filed, and where the 
supporting e vidence referred to in Article 80, 
paragraph (2) of this Act is sufficient for likelihood 
that the consensual patent does not comply with 
the requirements referred to in Article 41 of this 
Act, a reply to the invitation referred to in 
paragraph (3) of this  Article shall also contain a 
request for the substantive examination.”  
 
Article 29  
In Article 83, paragraph (1) after the word “in part,” the words “taking into consideration the 
amendments of a patent made by the owner in the 
procedure concerning a propo sal for the declaration 
of nullity of a patent,” are added”.   Patent Act and  
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May 2018     39   
Article 30  
A heading above Article 84 and Article 84 are 
deleted.  
 
Article 31  
After Article 87, a Title “Xa SUPPLEMENTARY 
PROTECTION CERTIFICATE”, the headings and 
Articles 87a to 87n are added to read:  
“MEANING OF TERMS  
Article 87a  
(1) In relation to Supplementary Protection 
Certificates granted for medicinal products intended 
for humans or animals (hereinafter: the Certificate), 
the following terms mean:  
(a) „medicinal product“ is any sub stance or 
combination of substances intended for treating or preventing disease in human beings or animals, 
and any substance or combination of substances, 
which may be administered to human beings or 
animals with a view to restoring, correcting or 
modifyi ng physiological functions in humans or in 
animals, or to making a medicinal diagnosis;  
(b) „product“ is the active ingredient or 
combination of active ingredients of a medicinal 
product;  
(c) „basic patent“ is a patent which is designated 
by its owner for the purpose of the procedure for 
the grant of a Supplementary Protection Certificate, 
protecting a product as such, as defined in item (b) 
of this paragraph, or a process for obtaining a 
product or an application of a product;  
(d) „first authorization to p lace on the market“ is 
the first authorization to place a medicinal product intended for humans or animals on the market in 
the Republic of Croatia or in the European Union.  
(2) In relation to Supplementary Protection 
Certificates, granted for plant protec tion products 
(hereinafter: the Certificate), the following terms 
mean:  
(a) „plant protection product“ is an active substance or a preparation containing one or more 
active substances, put up in the form in which they 
are supplied to the user, intended to : 
- protect plants or plant products against harmful 
organisms or prevent the action of such organisms, in so far as such substances or preparations are not 
defined otherwise;  
- influence the life processes of plants, other than 
as a nutrient (e.g. plant growth regulator);  
- preserve plant products, in so far as such 
substances or products are not subject to special provisions on preservatives;  
- destroy undesirable plants; or  - destroy parts of plants, check or prevent 
undesirable growth of plants;  
(b) „s ubstance“ is a chemical element or its 
compounds, as they occur naturally or by 
manufacture, including any impurity inevitably 
resulting from the manufacturing process;  
(c) „active substance“ is a substance or a microorganism, including viruses, having gen eral or 
specific action:  
- against harmful organisms; or  
- on plants, parts of plants or plant products;  
(d) „preparation“ is a mixture or a solution composed of two or more substances, of which at 
least one is an active substance, intended for use 
as a pl ant protection product;  
(e) „plant“ is a live plant and live part of plants, 
including fresh fruit and seeds;  
(f) „plant product“ is a product in the unprocessed state or having undergone only simple preparation 
such as milling, drying or pressing, derived  from 
plants, but excluding plants themselves as defined 
in item (e) of this paragraph;  
(g) harmful organisms“ are pests of plants or plant products belonging to the animal or plant kingdom, 
such as viruses, bacteria and mycoplasmas and 
other pathogens;  
(h) „product“ is the active substance as defined in 
item (c) of this paragraph, or combination of active substances of a plant protection product;  
(i) „basic patent“ is a patent which is designated by its owner for the purpose of the procedure for the 
grant of a Supplementary Protection Certificate, 
protecting a product as such, as defined in item (h) 
of this paragraph, a preparation as defined in item 
(d) of this paragraph, or a process for obtaining a 
product or an application of a product;  
(j) „first autho rization to place on the market“ is the 
first authorization to place plant protection products on the market in the Republic of Croatia or in the 
European Union.  
 
DURATION OF THE CERTIFICATE  
Article 87b  
(1) The Certificate may be granted in accordance 
with the provisions of this Act in the cases where a 
basic patent has been granted for a medicinal 
product intended for humans or animals, or for a 
plant protection product, the placing on the market 
of which requires prior authorization by the 
competent State  authority.  
(2) The Certificate shall take effect promptly after the expiration of the lawful term of the basic 
patent.  Patent Act and  
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May 2018     40  (3) The rights conferred by the Certificate shall run 
for a period equal to the period which elapsed 
between the date of filing of the application for a 
basic patent, and the date of the first authorization 
to place the medicinal product intended for humans 
or animals, or the plant protection product 
protected by a patent on the market, reduced by a 
period of five years.  
(4) The duration of the Certificate may not exceed 
five years from the date on which it takes effect.   
(5) The duration of the Certificate shall be specified by a decision issued by the Office.  
 
CONDITIONS FOR OBTAINING THE CERTIFICATE  
Article 87c  
The Certificate shall be  granted upon a request of 
the owner of the basic patent, if the following 
conditions are met on the date of filing of the 
application for the Certificate:  
1. the medicinal product intended for humans or 
animals, or the plant protection product, 
respective ly, is protected by a basic patent in force;  
2. authorization to place the medicinal product intended for humans or animals, or the plant 
protection product, respectively, on the market has 
been granted in the Republic of Croatia, and is in 
force;  
3. the basic patent for the medicinal product 
intended for humans or animals, or the plant 
protection product, respectively, has not already 
been the subject of the Certificate;  
4. the application for a basic patent is filed in the 
Republic of Croatia aft er 1 January 1993; and  
5. the first authorization to place the medicinal 
product intended for humans or animals, or the 
plant protection product, respectively, on the 
market has been granted after 1 January 2005.  
 
APPLICATION FOR THE CERTIFICATE  
Article 8 7d 
The application for the Certificate shall be filed with the Office within 6 months from the date of the 
grant of the authorization, referred to in Article 87c 
item 2 of this Act, to place the medicinal product 
intended for humans or animals, or the plan t 
protection product, respectively, on the market, 
and if the authorization has been granted before 
the grant of the basic patent, within six months 
from the date of publication of the mention of the 
grant of the patent referred to in Article 51 of this 
Act.    
 
 CONTENT OF THE APPLICATION FOR THE 
CERTIFICATE  
Article 87e  
(1) The Certificate granting procedure shall be 
instituted by filing an application containing:  
1. a request for the grant of the Certificate, stating in particular:  
(a) an express indicat ion of the fact that the 
Certificate is applied for;  
(b) the name and address of the applicant;  
(c) the name and address of the representative, if any; 
(d) the number of the basic patent and the title of the invention;  
2. the number and date of the first a uthorization to 
place the product on the market, or indication of the number and date of the first authorization, if 
the authorization as filed is not the first 
authorization to place the product on the market;  
3. the authorization to place the product on the 
market, issued by the competent authority in the 
procedure prescribed by special regulation;  
4. evidence showing the identity of the product, the 
content of the authorization procedure, and the 
gazette in which indication concerning the 
authorization w as published, if the authorization 
referred to in item 2 is not the first authorization to 
place the product on the market;  
5. evidence as to payment of the administrative fee and procedural charges for the grant of the 
Certificate.  
(2) If the applicant fo r the Certificate is the owner 
of more than one patent for the same product, he shall be granted only one Certificate for that 
product.  
(3) If two or more applications concern the same product, and are emanating from two or more 
owners of different patents , one Certificate for this 
product may be granted to each of these owners.  
(4) The request referred to in paragraph (1), item 1 
of this Article shall be filed on the form, the content 
of which shall be prescribed by the Ordinance.  
 
FORMALITIES EXAMINATION PROCEDURE  
Article 87f  
(1) The Office shall carry out formalities examination procedure upon the application for the 
Certificate as filed.  
(2) The formalities examination procedure shall 
establish whether:  
1. the application is filed in the required form and contains all the indications prescribed by Article 
87e, paragraph (1), item 1 of this Act;  Patent Act and  
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May 2018     41  2. the administrative fee and procedural charges 
are paid;  
3. the application is filed within a period prescribed 
by Article 87d of this Act;  
4. the application is accompanied by the evidence 
prescribed by Article 87e, paragraph (1), items 3 
and 4 of this Act; and  
5. the basic patent was in force at the time of filing 
of the application for the Certificate.  
(3) If the application for the Certificate does not conta in the elements prescribed by paragraph (2) 
of this Article, the Office shall invite the applicant to 
remedy the deficiencies indicated in the invitation 
within a period of 30 days from the receipt of the 
invitation.  
(4) If the applicant fails to remedy th e found 
deficiencies within a prescribed time limit, the Office shall issue a decision on the rejection of the 
application for the Certificate.  
(5) If the applicant remedies the deficiencies within 
a period referred to in paragraph (2) of this Article, 
the Office shall carry out a substantive examination 
procedure.  
 
SUBSTANTIVE EXAMINATION PROCEDURE  
Article 87g  
(1) In the course of a substantive examination 
procedure the Office shall examine whether:  
1. the conditions for obtaining the Certificate laid down  in Article 87c of this Act were met on the 
filing date of the application;  
2. the product for which the Certificate is applied 
for is protected by the basic patent;  
3. the authorization to place the product on the market has been granted in the manner as 
prescribed by special regulation;  
4. the product has already been the subject of the 
Certificate.  
(2) If, in the course of the examination procedure, the Office establishes that all of the prescribed 
conditions are met, it shall issue a decision on the 
grant of the Certificate. The decision shall also 
specify the duration of the Certificate.  
(3) If, in the course of the examination procedure, the Office establishes that not all of the prescribed 
conditions are met, it shall refuse an application for 
the Cer tificate by a decision.  
 
CONTENT OF THE CERTIFICATE  
Article 87h  
The Certificate shall contain:  
(a) the name and address of the holder of the 
Certificate;  (b) the number of the basic patent;  
(c) the title of the invention;  
(d) the number and date of the aut horization to 
place the product on the market, and the name of the product identified in that authorization;  
(e) the number and date of the first authorization to place the product on the market, where 
necessary pursuant to the provisions of Article 87e, 
paragraph (1), item 2 of this Act;  
(f) the duration of the Certificate.  
 
ENTRY IN THE REGISTER 
Article 87i  
The indications concerning the procedure for the grant of the Certificate and the duration thereof shall be entered in the register of the Office 
pursuant to the provisions of the Ordinance.  
 
SUBJECT MATTER AND EFFECTS OF PROTECTION  
Article 87j  
(1) Within the limits of the protection conferred by 
the basic patent, the protection conferred by the 
Certificate shall extend only to the medicinal 
product in tended for humans or animals, or to the 
plant protection product, respectively, covered by the authorization to place it on the market, as well 
as for any use of the product as a medicinal 
product intended for humans or animals or as a 
plant protection pro duct, respectively, that has 
been authorized before the expiry of the Certificate.  
(2) The Certificate shall confer to the owner of the 
basic patent or to his successor in title the same rights as are conferred by the basic patent and 
shall be subject to t he same limitations and the 
same obligations.  
 
PUBLICATION  
Article 87k  
(1) In its official gazette, the Office shall publish 
data concerning the filing of an application for the 
Certificate, the issue of the decision on the grant of 
the Certificate, or the  rejection of the application 
for the Certificate, respectively and the termination of the Certificate.  
The data to be published shall be defined by the 
Ordinance.  
 
EXPIRY OF THE CERTIFICATE  
Article 87l  
(1) The Certificate shall lapse at the expiry of the 
period for which it was granted.  
(2) The Certificate shall lapse before the expiry of the period for which it was granted:  Patent Act and  
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May 2018     42  1. if the Certificate -holder surrenders it, on the day 
following the day on which a certified written 
declaration of surrender is fur nished to the Office;  
2. if the annual fee for the maintenance thereof is 
not paid within the prescribed time limit;  
3. if the product for which the Certificate was 
granted may no longer be placed on the market as 
a result of the withdrawal of the authoriz ation to 
place it on the market in accordance with a national 
regulation.  
(3) The Office shall decide on the expiry of the 
Certificate ex officio, or at the request of an 
interested person.  
 
DECLARATION OF NULLITY OF A SUPPLEMENTARY 
PROTECTION CERTIFICATE  
Article 87m  
(1) The Certificate shall be declared null and void in 
the procedure before the Office:  
1. if it was granted contrary to the provisions of 
this Act;  
2. if the basic patent has lapsed pursuant to the 
provisions of Articles 75, 76 and 85 of this Act;  
3. if the basic patent is declared null and void in its 
entirety or in part, whereby the product for which 
the Certificate was granted would no longer be 
protected by the claims of the basic patent or, if, 
upon the expiry of the basic patent, grounds  exist 
which would justify such a declaration of nullity.  
(2) The provisions of this Act relating to the 
procedure concerning a proposal for the declaration 
of nullity of a patent shall apply mutatis mutandis to the procedure for the declaration of nullity  of the 
Certificate.  
 
RELATION TO A CONSENSUAL PATENT  
Article 87n  
The provisions concerning the Certificate shall not 
apply to a consensual patent.”  
 
Article 32  
The Title “XI. ENFORCEMENT OF RIGHTS” is amended to read: “XI. APPEAL”, and a subheading 
“1. Civil Protection” is amended to read “1. Appeal 
Procedure”.  
A heading above Article 88 is amended to read: “RIGHT OF APPEAL”  
Article 88 is amended to read:  
“(1) Any party entirely or partially adversely affected by the decisions of the Office issued in the 
first instance shall have the right to file an appeal 
within 30 days from the date of communication of 
the decision.  (2) Other parties to the procedure terminated by a decision appealed shall have the right to be parties 
to the appeal procedure.”  
 
Article  33 
A heading above Article 89 is amended to read: 
“CONTENT OF AN APPEAL”  
 Article 89 is amended to read:  
“In addition to the indications, which shall be contained in any communication, an appeal shall 
contain:  
1. an indication of the decision appealed;  
2. a statement defining whether the decision is 
contested in its entirety or in part;  
3. the grounds for appeal;  
4. a statement of reasons for appeal, and all the 
evidence supporting the appellant’s allegations 
contained in the appeal;  
5. the signature of t he appellant  
6. a power of attorney, if the appeal is filed through 
a representative.”  
 
Article 34  
A heading above Article 90 is amended to read: “DECIDING ON AN APPEAL”  
Article 90 is amended to read:  
“(1) The Board of Appeal shall take decisions in sessions, by a majority vote.  
(2) The Board of Appeal shall decide on the basis of communications filed by the parties, and if it 
considers it necessary, or upon the request of any 
party to the procedure, it may order oral proceedings. The parties shall be  summoned to oral 
proceedings at least 45 days before it takes place.  
(3) The provisions of Articles 47 and 48, or 81 and 
83, respectively, of this Act shall apply mutatis 
mutandis to the decisions of the Board of Appeal on 
an appeal.”  
 
Article 35  
After A rticle 90, a subheading is added to read “2. 
Composition and Organization of the Boards of 
Appeal”  
 
Article 36  
A heading above Article 91 is amended to read: 
“BOARDS OF APPEAL”  
Article 91 is amended to read:  
“(1) The Boards of Appeal for industrial property 
rights responsible for deciding on appeals against 
the decisions issued by the State Intellectual 
Property Office in the first instance (hereinafter: Patent Act and  
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May 2018     43  the Boards of Appeal) shall be established as 
independen t bodies responsible for deciding on 
appeals in accordance with the provisions of this 
Act. 
(2) In their operations, the Boards of Appeals shall use a seal containing the coat -of-arms of the 
Republic of Croatia.  
(3) The provisions regulating the content of  the 
headings of official documents of the State 
administration bodies shall apply to the content of 
the headings of official documents of the Boards of 
Appeal.  
(4) The Boards of Appeal shall have their seat at 
the Office. The Office shall place at the di sposal of 
the Boards of Appeal such premises and equipment 
as necessary for the performance of their tasks.  
(5) The Secretariat of the Boards of Appeal, 
organized as an organizational unit within the 
Office, shall perform clerical and other 
administrative  tasks for the Boards of Appeal.  
(6) The President of the Boards of Appeal 
(hereinafter: the President) shall administer the 
work of the Boards of Appeal.  
 
(7) The President and members of the Boards of 
Appeal shall be independent, not bound by any 
instru ctions of the Director General of the Office, 
and shall perform their tasks impartially, in 
accordance with the law.  
(8) The President and members of the Boards of Appeal shall have the status of independent 
experts, and shall be awarded remuneration for 
their work pursuant to the Ordinance on 
Remunerations for the Work of the Boards of 
Appeal for industrial property rights. They may, 
during their term of office in the Boards of Appeal, 
perform other tasks and duties, and may at the 
same time be officials and employees of the Office.  
(9) The President shall, subject to approval by the Director General of the Office, enact the Rules of 
Procedure of the Boards of Appeal for industrial 
property rights.”  
 
Article 37  
A heading above Article 92 is amended to read : 
“APPOINTMENT AND REMOVAL FROM OFFICE OF 
THE PRESIDENT AND MEMBERS OF THE BOARDS 
OF APPEAL”  
Article 92 is amended to read:  
“(1) The President, two Vice -Presidents and 14 
members of the Boards of Appeal shall be 
appointed by the Government, upon a public 
invitation and a proposal from the Director General 
of the Office, for a term of 5 years, with a 
possibility to be re -appointed.  (2) The President may be any bachelor of laws who, after passing a bar examination, worked in 
the legal field related to intellectual property for 4 
years, and is an expert in the field of industrial 
property law.  
(3) The Vice -Presidents may be:  
- any bachelor of engineering who, after passing 
the State vocational examination, worked in the 
field related to intellectual property f or 4 years, and 
is an expert in the patent law; and   
 - any bachelor of laws, or a bachelor of economics, 
or a bachelor of arts in the French, English or Croatian languages, who, after passing the State 
vocational examination, worked in the field related 
to intellectual property for 4 years, and is an expert 
in the trademark and industrial design laws.  
(4) The members of the Boards of Appeal shall be:  
- two bachelors of law, who have passed the State 
vocational examination, and are experts in the 
patent an d the topographies of semiconductor 
products law, having worked in the field related to 
intellectual property for 4 years;  
- five bachelors of engineering, who have passed 
the State vocational examination, and are experts 
in the patent law, having worked i n the field related 
to intellectual property for 4 years; and  
- seven persons who are either bachelors of laws, 
or bachelors of economics, or bachelors of arts in 
the French, English or Croatian languages, and are 
experts in the trademark, industrial desig n and 
geographical indications laws, having worked in the 
field related to intellectual property for 4 years;  
(5) The Government may, upon a reasoned request 
by the Director General of the Office, remove from 
office the President, the Vice- President or a 
member of the Boards of Appeal:  
- on his own request;     
- if he has permanently lost the capacity to perform 
his duties due to illness or the like reasons;  
 - if he has been convicted for a criminal act, 
making him unworthy of performing such a duty;  
- if established that he has misused his position;  
- if established that he has seriously violated the 
law or rules of profession, or has seriously neglected his duties causing thereby dysfunction of 
the Boards of Appeal and prejudicing the lawful and 
timely p erformance of their duties; or  
- when he has reached seventy.  
 
Article 38  
A heading above Article 93 is amended to read: “BOARD OF APPEAL FOR EACH INDIVIDUAL CASE”  
Article 93 is amended to read:  
“(1) Taking into consideration the circumstances 
and nature of any individual case, the President Patent Act and  
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May 2018     44  shall, from among the persons appointed in 
accordance with the provisions of Article 92 of this 
Act, constitute the Board of Appeal composed of 
three persons (hereinafter: the Board of Appeal), 
and a Chairman from among them to decide on an appeal.  
(2) A person who has participated in taking the 
decision appealed may not be a member of the 
Board of Appeal referred to in paragraph 1 of this 
Article.”  
 
Article 39  
A heading above Article 94 is amended to read: “EXCLUSION OF A MEMBER OF THE BOARD OF 
APPEAL”  
Article 94 is amended to read:  
“(1) A member of the Board of Appeal, referred to 
in Article 93 of this Act shall be excluded from 
taking part in decisions on app eals in the cases in 
which he has any personal interest, or has 
previously been involved as a representative, or 
authorized legal representative of one of the 
parties, or in which he participated in taking the 
decision appealed, or if there are other 
circumstances, likely to doubt his impartiality.  
(2) The exclusion may be requested by a party to the procedure, or by a member as appointed. The Director General of the Office shall decide on the 
exclusion. He shall issue a decision within 15 days 
from the com munication of the request for 
exclusion. Pending the decision of the Director 
General of the Office, a member whose exclusion is 
to be decided on shall refrain from any further 
activity in the case concerned. The decision of the 
Director General of the Off ice may not be appealed, 
but may be subject to the institution of an 
administrative dispute.    
(3) The Director General of the Office shall inform 
without delay the President and the member of the 
Board of Appeal concerned of the request for 
exclusion as filed. If the Director General of the 
Office decides that the appointed member of the Board of Appeal shall be excluded, the President 
shall appoint, without delay, other member to take his place.”  
 
Article 40  
After Article 94, a Title “XI.a PROTECTION OF RIGHTS IN THE CASE OF INFRINGEMENT” is added.  
 
Article 41  
A heading above Article 95 is amended to read: “PERSONS ENTITLED TO CLAIM THE PROTECTION 
OF RIGHTS”  Article 95 is amended to read:  
“The protection of the rights under this Act may be 
claimed by a ri ght holder, or a person authorized by 
her/him pursuant to the general provisions on 
representation, and, apart from her/him by the 
holder of the exclusive licence, to the extent that 
he has acquired the right of exploitation of an 
invention on the basis of  a legal transaction or 
law.”   
 
Article 42  
After Article 95, headings and Articles 95a to 95m are added to read:  
“CLAIM TO ESTABLISH THE RIGHT TO THE GRANT OF A PATENT”  
Article 95a  
(1) If a patent application is filed by a person not 
entitled to the grant of a patent for an invention, 
the inventor or his successor in title, respectively, 
my institute a legal action claimimg establishment 
of his right to the grant of a patent for the 
invention.  
(2) If a patent application is filed by a person who is not ent itled to it and who is one of several 
persons having jointly created the invention, other inventors or their successors in title, respectively, 
may claim establishment of their rights to the grant 
of a joint patent.   
(3) The legal actions referred to in p aragraphs (1) 
and (2) of this Article may be filed up to the 
decision on the grant of a patent.  
(4) The inventor or his successor in title, 
respectively, whose entitlement to the grant of a 
patent for an invention has been established by a 
final court deci sion may:  
- resume the procedure for the grant of a patent 
within 3 months from the day on which the court 
decision becomes final, or  
- file a new patent application for the same 
invention claiming the accordance of the filing date 
and priority date, if a ny, of the application filed by 
the person not entitled to it.  
(5) The inventor whose entitlement to the grant of 
a patent for the invention has been established by 
a final court decision may, at any time, claim from 
the Office to enter his name into the patent 
application and all the documents issued for a patent, as well as into the appropriate Office 
registers. The entry of the inventor’s name may 
also be claimed by his successor in title.  
 
 
 Patent Act and  
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May 2018     45  CLAIM DUE TO INFRINGEMENT OF THE RIGHT OF 
THE INVENTOR TO BE MENTIONED AS SUCH  
Article 95b  
(1) If the person who is not the inventor is 
mentioned as such in the patent application and/or 
documents relating to a patent and/or the registers 
of the Office, or if the inventor is not mentioned, 
the inventor may institute  a legal action claiming 
the mention of his name.  
(2) If the person who is not the inventor is 
mentioned as such in the patent application and/or 
documents relating to a patent and/or the registers 
of the Office, a legal action shall be instituted 
against such person, and if the inventor is not 
mentioned, a legal action shall be instituted against 
the Office.  
(3) The right to the claim referred to in paragraph 
(1) of this Article shall also belong to the inventor 
of a joint invention.  
(4) The claim referred  to in paragraph (1) of this 
Article shall not be subject to the statute of 
limitations and shall not be inherited.    
 
CLAIMS FOR ESTABLISHMENT AND TERMINATION 
OF INFRINGEMENT  
Article 95c  
(1) The patent owner may institute a legal action 
against any perso n who has infringed a patent by 
performing without authorization any of the acts 
referred to in Article 58, paragraphs (2) and (3) 
and Article 59 of this Act, claiming establishment of 
the infringement.  
(2) The patent owner may institute a legal action 
against any person who has infringed a patent by 
performing without authorization any of the acts 
referred to in Article 58, paragraphs (2) and (3) 
and Article 59 of this Act, claiming termination of 
the infringement and prohibition of such and similar 
future infringements.  
(3) The patent owner may institute a legal action against any person who has by performing any of 
the acts without authorization caused a serious 
threat that his patent might be infringed, claiming 
desistance from the act concerned and p rohibition 
of the infringement of the patent.   
(4) The claims referred to in paragraphs (1), (2) 
and (3) of this Article may also be made against a 
person who in the course of her/his economic 
activities renders services used in the acts infringing a pate nt or threatening to infringe it.  
 
 
 
 CLAIM FOR SEIZURE AND DESTRUCTION OF 
OBJECTS  
Article 95d  
(1) The patent owner may institute a legal action 
against any person who has infringed a patent by 
performing without authorization any of the acts 
referred to i n Article 58, paragraphs (2) and (3) 
and Article 59 of this Act, claiming that the 
products resulting from or acquired by the 
infringement of a patent, and the objects 
(implements and tools) predominantly used in the 
manufacture of the products infringing the patent 
be removed from the market, seized or destroyed at the expense of that person.  
(2) The court shall order the measures referred to 
in paragraph (1) of this Article against the 
defendant, unless there are special reasons for not 
deciding so.  
(3) W hen ordering the measure referred to in 
paragraph (1) of this Article, the court shall take due care that they are proportionate to the nature 
and seriousness of the infringement.  
 
CLAIM FOR DAMAGES, USUAL COMPENSATION 
AND UNJUST ENRICHMENT  
Article 95e  
(1) The patent owner may take a legal action 
against any person who has caused him damage by 
performing without authorization any of the acts 
referred to in Article 58, paragraphs (2) and (3) 
and Article 59 of this Act, claiming damages 
pursuant to the genera l rules on legal redress laid 
down in the Obligations Act.  
(2) The patent owner may institute a legal action against any person who has performed without 
authorization any of the acts referred to in Article 
58, paragraphs (2) and (3) and Article 59 of thi s 
Act, claiming payment of remuneration in the 
amount that he would have claimed, given the 
circumstances, in the licence agreement, if 
concluded.  
(3) The patent owner may take a legal action against any person who has infringed a patent by 
performing wit hout authorization any of the acts 
referred to in Article 58, paragraphs (2) and (3) 
and Article 59 of this Act, without having basis for it 
in any legal transaction, court decision or the law, 
and has benefited from it, claiming the recovery or 
compensati on of such benefits pursuant to the 
general rules on unjust enrichment laid down in the 
Obligations Act.  
(4) The claims referred to in paragraphs (1), (2) and (3) shall not be mutually excluding. When 
deciding on the claims referred to in paragraphs 
(1), (2) or (3), filed cumulatively, the court shall Patent Act and  
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May 2018     46  observe the general principles laid down in the 
Obligations Act.  
 
CLAIM FOR DAMAGES DUE TO INFRINGEMENT OF 
THE RIGHTS CONFERRED BY A PATENT 
APPLICATION OR A CONSENSUAL PATENT 
APPLICATION  
Article 95f  
(1) The patent applicant may institute a legal action against any person who has within the period from 
the date of publication of the patent application 
and the date of publication of the mention of the 
grant of the patent infringed the provisional rights  
conferred by a patent application by performing 
without authorization any of the acts referred to in Article 58, paragraphs (2) and (3) and Article 59 of 
this Act, claiming damages pursuant to the general 
rules on legal redress laid down in the Obligation s 
Act.  
(2) The right to the claim referred to in paragraph (1) of this Article shall also belong to the owner of 
a consensual patent, provided that he attaches to 
the notice of legal action evidence that he has filed 
with the Office a request for the gran t of a patent 
on the basis of a substantive examination of the 
patent application.  
(3) Upon the request of the court or any of the 
parties to the procedure, referred to in paragraphs 
(1) and (2) of this Article, the Office shall promptly 
accept the applica tion concerned and shall subject 
it to expeditious proceedings.  
 
CLAIM FOR PUBLICATION OF THE JUDGEMENT  
Article 95g  
The owner of a patent may claim that the final 
judgment even partially upholding the claim for 
protection of the patent in the case of infri ngement 
is published in the means of public communication 
at the expense of the defendant. The court shall 
decide, within the limits of the claim, on the means 
of public communication in which the judgment 
shall be published, and whether it shall be 
published entirely or partially. If the court decides 
that only a part of the judgment shall be published, 
it shall order, within the limits of the claim, that at 
least the dispositive part of it and, if necessary, the 
part of the judgement specifying the infrin gement 
concerned and the person having committed it is 
published.  
 
BURDEN OF PROOF  
Article 95h  
In the civil proceedings concerning the 
infringement of the patent protected process for 
obtaining a new substance, any equal substance or any substance of equa l composition shall be 
considered as resulting from the protected process, 
untill proven to the contrary by the person 
obtaining such a substance or composition.  
 
CLAIM FOR PROVISION OF INFORMATION  
Article 95i  
(1) The owner of a patent who has instituted civil 
proceedings for the protection of the patent in the 
case of infringement may claim the provision of 
information on the origin and distribution channels 
of the goods infringing his patent.   
(2) The claim referred to in Article 1 may be made in the for m of a legal action or a provisional 
measure against:  
- a person who has been sued in the civil 
proceedings referred to in paragraph (1) of this 
Article;  
- a person who is within her/his economic activities 
in possession of the goods suspected of infringin g a 
patent;  
- a person who provides, within her/his economic 
activities, services suspected of infringing a patent;  
- persons who provide, within their economic 
activities, services used in the activities suspected 
of infringing a patent;  
- a person who is  indicated by any of the 
mentioned persons as being involved in the manufacture or distribution of the goods or the 
provision of the services suspected of infringing a 
patent;  
(3) The claim referred to in Article 1 may also be 
included in a gradual legal a ction as the first claim, 
provided that a person acting as a counter party to 
the defendant is also included in the main claim.  
(4) The claim for information on the origin of the 
goods and distribution channels of the goods and services referred to in para graph (1) of this Article 
may include in particular:  
- information on the names and addresses of the 
producers, distributors, suppliers and other previous holders of the goods and providers of the 
services, respectively, as well as the intended 
wholesaler s and retailers;  
- information on the quantities produced, delivered, 
received or ordered, as well as the price obtained 
for the goods or services concerned.  
(5) The person required to provide the information referred to in this Article may refuse to provi de 
such information on the same grounds as those 
allowing the refusal to present evidence as a 
witness pursuant to the provisions of the Act on 
Civil Proceedings. If the person concerned refuses 
to provide information without justified reasons, 
she/he shal l be responsible for the damage Patent Act and  
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May 2018     47  incurred, pursuant to the provisions of the 
Obligations Act.  
(6) The provisions of this Article shall be without 
prejudice to the provisions on the manner of use of 
confidential information in civil and criminal 
proceedings,  the provisions regulating the 
responsibility for misuse of the right to acquire 
information, and the provisions regulating the 
processing and protection of personal data.  
(7) The provisions of this Article shall be without prejudice to the provisions of Article 91.l of this Act 
regulating the taking of evidence.  
 
PROVISIONAL MEASURES DUE TO INFRINGEMENT 
OF A PATENT  
Article 95j  
(1) Upon the request of the owner of a patent who 
makes it likely that her/his patent has been infringed or threatened to be infringed, the court 
may order any provisional measure comprising termination or prevention of the infringement, and 
in particular:  
- order the opposing party to cease or desist  from, 
respectively, the acts infringing a patent; the court 
may also issue such order against an intermediary 
whose services are being used by a third party to 
infringe a patent;  
- order the seizure or removal from the market of 
the goods resulted from or  acquired by the 
infringement of a patent, and objects (implements 
and tools) predominantly used in the creation of 
the goods infringing a patent.           
(2) Upon the request of the owner of a patent who 
makes it likely that his patent has been infringe d on 
a commercial scale for the purpose of acquiring commercial or economic benefit, and that such 
infringement has threatened to cause him 
irreparable damage, the court may, in addition to 
the provisional measures referred to in paragraph 
(1) of this Arti cle, order the seizure of the movable 
and immovable property of the opposing party, not 
directly related to the infringement, including the 
blocking of his bank accounts and other assets.  
(3) For the purpose of ordering and enforcing the 
provisional measur e referred to in paragraph (2) of 
this Article, the court may require from the 
opposing party or other relevant persons disposing 
with it, the communication of the banking, financial 
and other economic information, or the access to other relevant informati on and documents. The 
court shall ensure the protection of confidentiality of such information, and prohibit any misuse 
thereof.  
(4) The provisional measure referred to in paragraph (1) of this Article may be ordered 
without informing the opposing party th ereof, if the applicant for measures makes it likely that 
otherwise the provisional measure would not be 
effective, or that irreparable damage is threatened 
to occur. The provisional measure referred to in 
paragraph (2) of this Article may be ordered 
witho ut informing the opposing party thereof, if the 
applicant for measures makes it likely that otherwise the provisional measure would not be effective, or that, taking into consideration a very 
serious circumstances of the infringement, this 
would be necessa ry. If a provisional measure is 
ordered without informing the opposing party thereof, the court shall communicate a decision on 
the provisional measure to the opposing party, 
promptly upon its enforcement.  
(5) In the decision ordering a provisional measure  
the court shall specify the duration of such 
measure, and, if the measure has been ordered 
before the institution of a legal action, the period, 
within which the applicant for measures shall 
institute a legal action to justify the measure, which 
shall not  be less than 20 working days and not 
more than 31 calendar days, from the day of communication of the decision to the applicant for 
measures, whichever expires later.  
(6) The provisions of the Execution Act shall apply 
to matters, not regulated by this Ar ticle.   
(7) The provisions of this Article shall be without 
prejudice to the possibility to order provisional 
measures pursuant to other provisions of this Act, 
and the provisions of the Execution Act.  
 
PROVISIONAL MEASURES COMPRISING THE 
PRESERVATION OF EVIDENCE  
Article 95k  
(1) Upon the request of the owner of a patent who 
makes it likely that his patent has been infringed, 
or threatened to be infringed, the court may order 
a provisional measure comprising the preservation 
of evidence.  
(2) By the provisio nal measure referred to in 
paragraph (1) of this Article, the court may order in 
particular:  
- preparation of a detailed description of the goods 
made likely to infringe a patent, with or without taking of samples;  
- seizure of the goods made likely to inf ringe a 
patent;  
- seizure of the materials and implements used in 
the production and distribution of the goods made likely to infringe a patent and the documentation 
relating thereto.  
(3) The provisional measure referred to in this Article may be ordered even without informing the 
opposing party thereof, if the applicant for 
measures makes it likely that there is a risk of Patent Act and  
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May 2018     48  evidence being destroyed or irreparable damage of 
incurring, or that otherwise the provisional measure 
would not be effective. If a prov isional measure is 
ordered without informing the opposing party 
thereof, the court shall communicate a decision on 
the provisional measure to the opposing party, 
promptly upon its enforcement.  
(4) In the decision ordering a provisional measure 
the court sh all specify the duration of the measure, 
and, if the measure has been ordered before the institution of a legal action, the period, within which 
the applicant for measures shall institute a legal 
action to justify the measure, which shall not be 
less than 20 working days and not more than 31 
calendar days from the date of communication of 
the decision to the applicant for measures, 
whichever expires later.  
(5) The provisions of the Execution Act shall apply 
to matters, not regulated by this Article.   
(6) T he provisions of this Article shall be without 
prejudice to the possibility of the court to order 
provisional measures comprising the preservation 
of evidence pursuant to the provisions of the Act on 
Civil Proceedings.  
 
TAKING OF EVIDENCE IN THE COURSE OF THE 
CIVIL PROCEEDINGS  
Article 95l  
(1) Where a party to the civil proceedings invokes 
evidence claiming that it lies with the opposing 
party or under its control, the court shall invite the 
opposing party to present such evidence within a specified time limit. 
(2) Where the owner of a patent as a plaintiff in a legal action claims that the infringement of a patent 
has been committed on a commercial scale for the 
purpose of acquiring commercial or economic 
benefit, and has made it likely during the 
proceed ings, and where he invokes in the 
proceedings banking, financial or similar economic documents, papers or the like evidence, claiming 
that they lie with the opposing party or under its 
control, the court shall invite the opposing party to 
present such evid ence within a specified time limit.      
(3) Where the party, which is invited to present 
evidence, denies that the evidence lies with it or 
under its control, the court may take evidence to 
establish such a fact.  
(4) The provisions of the Act on Civil Pro ceedings 
relating to the right of refusal to present evidence 
as a witness shall apply mutatis mutandis to the 
right of the party to refuse to present evidence.  
(5) The court shall, taking into consideration all the circumstances of the case, decide at its  own 
discretion, on the importance of the fact that the party having the evidence refuses to comply with the court’s decision ordering it to present evidence, 
or denies, contrary to the court’s opinion, that the 
evidence lies with it.  
(6) Against the decis ion of the court referred to in 
paragraphs (1) and (2) of this Article a separate 
appeal shall not be allowed.  
 
EXPEDITIOUS PROCEEDINGS AND APPLICATION 
OF THE PROVISIONS OF OTHER ACTS  
Article 95m  
(1) A procedure concerning the infringement of the 
rights un der this Act shall be expeditious.  
(2) The provisions of the Act on Civil Proceedings, and the Execution Act, respectively, shall apply to 
the procedures concerning the infringement of a patent.  
(3) Upon the request of the court or any of the parties to th e procedure concerning the 
infringement of a patent, the Office or the Board of 
Appeal, respectively, shall promptly accept a 
request for the declaration of nullity of the decision 
on the grant of a patent, filed before or during the 
civil action, and shall subject it to the expeditious 
proceedings. The court shall, taking into 
consideration the circumstances of the case, decide 
whether it shall stay the proceedings up to the final 
decision on the request for the declaration of nullity 
of the decision on th e grant of a patent, or not.”  
 
Article 43  
A heading above Article 96, and Article 96 are 
deleted.  
 
Article 44  
In Article 97 paragraph (1), item 4 is amended to 
read: 
“4. offering or delivering a product which 
constitutes the essential element of the protected 
invention to persons not entitled to use such 
invention (Article 58, paragraph (3), and Article 
59). 
In paragraph (2), number “8,000” is replaced by number “10 000.00”.  
After paragraph (3), a new paragraph (4) is added 
to read:  
“(4) A natural per son – a craftsman or other self -
employed person, respectively, shall be punished 
for the misdemeanor, referred to in paragraph (1) 
of this Article, by a fine amounting from HRK 5 000.00 to 50 000.00, where the misdemeanor has 
been committed in the performa nce of her/his 
activities as a craftsman or other self -employed 
person, respectively.”   Patent Act and  
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May 2018     49  In the former paragraph (4), which becomes 
paragraph (5), numbers “1, 2 and 3” are replaced 
by numbers “1, 2, 3 and 4”.  
 
Article 45  
Title “XII. EUROPEAN PATENT APPLICA TION AND 
EUROPEAN PATENT” is amended to read: “XII. 
EXTENDED EUROPEAN PATENT”.  
 
Article 46  
A heading above Article 103 “EFFECTS OF 
EUROPEAN PATENTS” is amended to read: 
“EFFECTS OF EXTENDED EUROPEAN PATENTS”.  
In Article 103, paragraph (2) is amended to read:   
“(2) Within three months from the date on which 
the mention of the grant of the European patent 
has been published, the owner of the patent shall 
communicate to the Office a request for the entry 
of the e xtended European patent into the Register 
of Patents, a specification of the European patent 
as published in the Official Journal of EPO, a 
translation of such patent specification in the 
Croatian language, and shall pay the prescribed 
administrative fee a nd procedural charges for 
publication and printing of the translation of the specification of the European patent in the Croatian 
language, in accordance with special regulation.”  
 
Article 47  
After Article 108, a Title “XII.a EUROPEAN 
PATENT”, as well as h eadings and Articles 108a to 
108o are added to read:  
“EFFECT OF EUROPEAN PATENTS IN THE 
REPUBLIC OF CROATIA”  
Article 108a  
(1) A European patent application and a European 
patent shall, subject to the provisions of this 
Chapter, have the effect of and be su bject to the 
same conditions as a national patent application 
and a national patent under this Act.  
(2) Pursuant to this Act:  
1. European patent application means an 
application for a European patent filed under the 
European Patent Convention (hereinafter:  EPC), as 
well as an international patent application filed 
under the Patent Cooperation Treaty (hereinafter: 
PCT) for which the European Patent Office 
(hereinafter: EPO) acts as the designated or 
elected Office and in which the Republic of Croatia 
is designated;  
2. European patent means a European patent granted by the EPO on a European patent 
application in accordance with EPC, and designating 
the Republic of Croatia;  3. national patent application means a patent 
application filed with the Office under th is Act;  
4. national patent means a patent granted on the 
basis of a national patent application.  
 
FILING OF THE EUROPEAN PATENT APPLICATION  
Article 108b  
(1) A European patent application may be filed:  
(a) with the European Patent Office or  
(b) with the Office  
(2) A European patent application filed with the 
Office shall have the same effect as if it has been 
filed on the same date with the European Patent 
Office, provided that it has been transmitted by the 
Office to the EPO in due time.  
(3) A European d ivisional patent application shall be 
filed directly with the EPO.  
(4) If the Office finds at first sight that a possible 
confidential invention of interest for the Republic of 
Croatia is concerned, it shall not transmit the 
European patent application to  the EPO in 
accordance with paragraph (2) of this Article, but shall act in accordance with special regulations on 
confidential inventions.  
(5) The European patent application, which is to be filed with the Office in accordance with the 
provisions of this Article, may be filed in any of the 
languages referred to in Article 14, paragraphs 1 
and 2 EPC.  
 
FEES AND PROCEDURAL CHARGES FOR EUROPEAN 
PATENT APPLICATIONS  
Article 108c  
The fees and procedural charges payable in respect 
of European patent applications shall be paid in 
accordance with the provisions of the EPC and 
regulations to the EPC.  
 
EFFECTS OF EUROPEAN PATENT APPLICATIONS  
Article 108d  
A European patent application which has been 
accorded a filing date and designating the Republic 
of Croatia shall b e equivalent to a regular national 
patent application, where appropriate, with the 
priority claimed for the European patent 
application, whatever its outcome may be.  
A published European patent application shall provisionally confer protection as conferred  by a 
published national patent application under Article 
60 of this Act, from the date on which the applicant 
has communicated a translation of the claims of a 
published European patent application into the 
Croatian language to the person using the 
invent ion in the Republic of Croatia.  Patent Act and  
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May 2018     50  The European patent application shall be deemed 
not to have had ab initio the effects referred to in 
paragraph (2) of this Article, if it has been 
withdrawn, deemed to be withdrawn, finally 
refused or if the designation of t he Republic of 
Croatia has been withdrawn or is deemed 
withdrawn.  
 
EFFECTS OF EUROPEAN PATENTS  
Article 108e  
(1)  A European patent designating the Republic 
of Croatia shall, subject to the conditions laid down 
in this Article, confer from the date of publication of 
the mention of its grant by the EPO the same rights 
as would be conferred by a national patent granted under this Act.  
(2)  Within three months from the date on 
which the mention of the grant of the European 
patent has been published, the owner o f the patent 
shall furnish the Office with a request for entry of 
the European patent into the Register of Patents, a 
specification of the European patent as published in 
the Official Journal of EPO, a translation of such 
specification in the Croatian lang uage and shall pay 
the administrative fee and procedural charges for 
publication and printing of the translation of the 
specification of the European patent in the Croatian 
language, in accordance with special regulation.  
(3) The Office shall issue a decision on the entry of a European patent in the Register of Patents 
referred to in Article 49 of this Act.  
(4)  If, as a result of an opposition filed with the 
EPO, the European patent is maintained with the amended claims, or as a result of a request for 
limitation referred to in Article 105a EPC the 
European patent is limited by the amendment of 
the claims, the owner of the patent shall furnish the 
Office with a translation of the amended claims in 
the Croatian language, and shall pay the prescribed 
administ rative fee and procedural charges for 
publication in the official gazette of the Office, 
within three months from the date of publication of 
the EPO decision concerned.  
(5) Where the text of claims contains reference 
signs used in the drawings, such drawin gs shall be 
attached to the translation referred to in 
paragraphs (2) and (4) of this Article.  
(6)  The Office shall publish as soon as possible 
the mention of any translation duly filed under paragraph (2) or (4) of this Article in its official 
gazette. T he content of the publication shall be 
prescribed by the Ordinance.  
(7)  If the translation referred to in paragraph 
(2) or (4) of this Article is not filed in the prescribed 
time-limit or the prescribed administrative fee and 
procedural charges for public ation are not paid within the period referred to in paragraph (2) or (4) 
of this Article, the European patent shall be 
deemed to be void ab initio for the Republic of 
Croatia. Article 122 EPC relating to the restitutio in 
integrum shall apply mutatis mutan dis. 
(8)  A European patent and the European 
patent application on which it is based shall be 
deemed not to have had ab initio the effects 
specified in paragraph (1) of this Article and Article 
108d, paragraph (2) of this Act, to the extent that 
the patent  has been revoked in the opposition 
proceedings, or revoked or limited in the procedure concerning the request referred to in Article 105a 
EPC before the EPO.  
 
AUTHENTIC TEXT OF EUROPEAN PATENT 
APPLICATIONS OR EUROPEAN PATENTS  
Article 108f  
(1)  The text of  a European patent application 
or a European patent established in the language of 
the proceedings before the EPO shall be the 
authentic text in any proceedings in the Republic of 
Croatia.  
(2)  Where the translation in the Croatian 
language confers protect ion narrower than that 
conferred by a European patent application or a European patent, such translation shall be regarded as authentic, except in the procedures concerning 
the declaration of a patent null and void.  
(3)  An applicant for or the owner of a 
European patent may file a corrected translation at 
any time. The corrected translation of the claims of a published European patent application shall not 
have any legal effects in the Republic of Croatia 
until it has been communicated to the person using 
the invention in the Republic of Croatia. The 
corrected translation of the specification of a 
European patent designating the Republic of 
Croatia shall not have any legal effect, until the 
Office has published the mention of the correction, 
as soon as possible after payment of the 
administrative fee and procedural charges 
prescribed for the publication.     
(4)  Any person who, in good faith, uses or has 
made effective and serious preparations for using an invention, the use of which would not constitute 
infringement of a European patent application or a 
European patent in the original translation may, 
after the corrected translation takes effect, continue such use in the course of his business or 
for the needs thereof without payment.  
 
RIGHTS OF EARLIER DATE  
Article 108g  
(1) In the Republic of Croatia, a European patent 
application and a European patent designating the Patent Act and  
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May 2018     51  Republic of Croatia shall have, with regard to a 
national patent application and a national patent, 
the same state of the art effect as a national patent 
application and a national patent.  
(2) In the Republic of Croatia, a national patent 
application and a national patent shall have, with 
regard to a European patent designating the 
Republic of Croatia, the same state of the art effect 
as the y have with regard to a national patent.  
 
SIMULTANEOUS PROTECTION  
Article 108h  
Where a European patent designating the Republic 
of Croatia and a national patent having the same 
filing date or, where priority has been claimed, the 
same priority date, has be en granted to the same 
person or his successor in title, the national patent 
shall have no effect to the extent that it covers the 
same invention as the European patent designating 
the Republic of Croatia from the date on which the 
time limit for filing an  opposition to the European 
patent has expired without an opposition having been filed, or from the date on which the 
opposition procedure has resulted in a final decision 
maintaining the European patent.  
 
CONVERSION INTO A NATIONAL PATENT 
APPLICATION  
Article 108i  
(1) The Office shall carry out a procedure for the 
grant of a national patent upon the request of an 
applicant for or the owner of a European patent in the following cases:  
(a) where the European patent application is deemed to be withdrawn under Article 77, 
paragraph 3 EPC, or  
(b) where the translation of a European patent 
application has not been filed in due time in 
accordance with the provision of Article 14, 
paragraph 2 EPC and Article 90, paragraph 3 EPC.  
(2) In the case referred to in paragr aph (1) item 
(a) of this Article, a request for conversion shall be 
filed with the Office. The Office shall, subject to the 
provisions on national security, transmit the request directly to the central industrial property offices of 
the Contracting States specified therein.  
(3) In the cases referred to in paragraph (1) item (b) of this Article, a request for conversion shall be 
filed with the EPO, which shall transmit it to the 
Office, if the Republic of Croatia is specified therein.  
(4) The request shall b e deemed as filed after the 
conversion fee and procedural charges have been 
paid. The effects of the European patent 
application referred to in Article 66 EPC shall lapse 
if the request for conversion is not filed in due time.  (5) Within two months from fi ling of the request for 
conversion of a European patent application to a 
national patent application, the applicant shall pay 
the prescribed administrative fee and procedural 
charges for conversion and publication in 
accordance with special regulations, an d shall file 
with the Office the translation of the original text of the European patent application into the Croatian language. Mention of the conversion shall be 
published in the official gazette of the Office. If the 
administrative fee and procedural ch arges have not 
been paid in due time, or if the translation of the original text of the European patent application into 
the Croatian language is not filed in due time, the 
request for conversion shall be deemed not to be filed, concerning which the Office  shall issue a 
corresponding decision.  
 
RENEWAL FEES FOR EUROPEAN PATENTS  
Article 108j  
(1) Renewal fees for European patents shall be 
paid to the Office for the years following the year in 
which the mention of the grant of the European 
patent was published  in accordance with special 
regulations.  
(2) Article 141, paragraph 2 EPC shall apply mutatis 
mutandis.  
 
DISPOSITIONS OF EUROPEAN PATENT 
APPLICATIONS AND EUROPEAN PATENTS  
Article 108k  
The provisions of this Act on the transfer, licence, 
right in rem, execu tion, bankruptcy and compulsory 
licences shall apply to European patent applications 
and European patents with effect in the territory of 
the Republic of Croatia.  
 
PROTECTION AGAINST INFRINGEMENT  
Article 108l  
The provisions of this Act on the protection of  
patents in the case of infringement shall apply to 
European patent applications and European patents 
designating the Republic of Croatia.  
 
DECLARATION OF NULLITY OF THE EUROPAN 
PATENT  
Article 108m  
(1) Subject to the provisions of Article 139 EPC, 
and Arti cles 78 and 79 of this Act, respectively, a 
European patent may be declared null and void in 
the procedure before the Office in accordance with 
the provisions of this Act, with the effect for the 
Republic of Croatia.  Patent Act and  
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May 2018     52  (2) If a request for the declaration of  nullity of a 
European patent is filed with the Office after the 
initiation of the opposition procedure before the 
EPO referred to in Article 99 EPC or the procedure 
concerning a request for limitation or revocation 
referred to in Article 105a EPC, the Off ice shall stay 
the procedure concerning a request for the declaration of nullity up to the termination of the mentioned procedures before the EPO.  
 
APPLICATION OF EPC  
Article 108n  
EPC shall apply to the European patent applications 
and European patents, wh ich have, in accordance 
with the provisions of EPC and this Act, effect in 
the Republic of Croatia.  
 
TRANSLATIONS IN ACCORDANCE WITH THE 
AGREEMENT ON THE APPLICATION OF ARTICLE 65 
EPC 
Article 108o  
(1) The provisions of Article 108e, paragraphs (2), and (4)  of this Act, providing for that the owner of 
a European patent shall furnish the Office with a 
translation of a patent specification and amended 
claims into the Croatian language, shall apply up to 
the entry into force of the Agreement on the 
application of Article 65 EPC of 17 October 2000.  
(2) After the entry into force of the Agreement referred to in paragraph (1) of this Article, the 
owner of a patent shall furnish the Office with:  
1. a patent specification in the English language, or 
a translation of such specification into the English 
language, if the patent has been granted in the 
language of the proceedings other than the English 
language, and a translation of the claims into the 
Croatian language filed in due time and subject to 
payment of the pres cribed administrative fee and 
procedural charges for publication laid down in 
Article 108e, paragraph (2) of this Act;  
2. a translation of the amended claims into the English and Croatian languages, if the European 
patent has been maintained with amended claims, 
filed in due time and subject to payment of the 
prescribed administrative fee and procedural 
charges for publication laid down in Article 108e, 
paragraph (3) of this Act.  
(3) In the case of a dispute relating to a European patent, the patent owner, at his own expense, shall 
furnish, at the request of a person allegedly 
infringing a patent, or at the request of the 
competent court or quasi -judicial authority 
condicting a legal proceedings a full translation of a patent specification into the Croatian language.  (4) The translation referred to in paragraph (3) of 
this Act shall be considered as authentic text in any 
proceedings in the Republic of Croatia, except in 
the nullity proceedings, if the translation in the 
Croatian language confers protection na rrower than 
that conferred by the European patent in the 
language of the proceedings.”  
 
TRANSITIONAL AND FINAL 
PROVISIONS  
 
Article 48  
(1) The administrative disputes instituted before 
the Administrative Court before 1 June 2008 shall 
be completed before t he Administrative court in 
accordance with the provisions, which were in force 
up to that date.  
(2) A party, which instituted a legal action before the Administrative Court before 1 June 2008, in 
accordance with the provisions which were in force up to that date, may require from the 
Administrative Court to stay the proceedings, 
provided that it has filed within 30 days from that 
date an appeal based on the same grounds and 
with the same statement of reasons as are those 
contained in the legal action, wh ere an appeal 
against such administrative decision is admissible 
pursuant to the provisions of this Act. The 
administrative decision issued on such appeal in the 
second instance, may be subject to an 
administrative dispute pursuant to the provisions of 
the Act on Administrative Disputes.”  
 
SPECIAL PROTECTION CONFERRED 
BY A PATENT OR A SUPPLEMENTARY 
PROTECTION CERTIFICATE IN A 
MEMBER STATE OF THE EUROPEAN 
UNION  
 
Article 49  
(1) If, before the day of the accession of the Republic of Croatia into the full membe rship of the 
European Union, a patent or a Supplementary Protection Certificate for a medicinal product intended for humans or animals has been acquired 
in any of the Member States of the European 
Union, at the time when a patent or a 
Supplementary Protect ion Certificate could not be 
acquired for such medicinal product in the Republic 
of Croatia, the owner of such a patent or a 
Supplementary Protection Certificate may prohibit 
export from the Republic of Croatia for the purpose 
of offering for sale, selling , using, or stocking for 
such purposes, of the product carried out according to such a patent, to the Member States of the Patent Act and  
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May 2018     53  European Union in which the patent or the 
Supplementary Protection Certificate concerned is 
in force, even if such a product is manuf actured or 
placed on the market for the first time in the 
territory of the Republic of Croatia by the owner of 
the patent or the holder of the Supplementary 
Protection Certificate acquired in the Member State 
of the European Union concerned before the accession of the Republic of Croatia to the 
European Union, or with his/her express authorization.  
(2) The manner of information of the competent customs authorities concerning the intended export 
referred to in paragraph (1) of this Article shall be 
regulated  by special regulation.  
 
DEFERRED APPLICATION OF THE 
PROVISIONS ON A SUPPLEMENTARY 
PROTECTION CERTIFICATE AND 
SPECIAL RIGHTS IN THE 
TRANSITIONAL PERIOD  
 
Article 50  
The owner of the basic patent in the Republic of 
Croatia, granted for a medicinal product in tended 
for humans or animals or a plant protection product, respectively, for which the authorization to place it on the market is granted by a competent 
authority in any of the States of the European 
Union, on the day of the accession of the Republic 
of Croatia into the full membership of the European 
Union, or, in the Republic of Croatia, after 1 
January 2008, may apply for a Supplementary 
Protection Certificate in the Republic of Croatia, 
within 6 months as of the day of the accession of 
the Republic of Croatia into the full membership of 
the European Union.   
 
Article 51  
On the date of the entry into force of Article 47 of 
this Act, the provisions of Articles 99 to 108 of the 
Patent Act (Official Gazette 173/2003 and 87/2005) 
shall cease to have effect. All the procedures 
instituted in accordance with such provisions shall 
be completed in accordance with them.  
 
Article 52  
(1) The procedures concerning the protection of a patent in the case of infringement, pending on the day of the entry into force of thi s Act, shall be 
completed in accordance with the provisions, which 
were in force up to the entry into force of this Act.  
(2) The provisions of Articles 10 to 14 of this Act 
shall not apply to any procedures relating to the 
grant of a patent, declaration of  a patent null and 
void, and revocation of the decision on the grant of a patent, which have been instituted and not 
completed up to the entry into force of this Act.  
 
Article 53  
(1) The Ordinance referred to in Article 115 of the 
Patent Act (Official Gaz ette 173/2003 and 87/2005) 
shall be aligned with the provisions of this Act, on a proposal given by the Director General of the 
Office, by the Minister responsible for the work of 
the Office, not later than within 3 months from the 
entry into force of this  Act. 
(2) The Ordinance referred to in Article 36 of this Act shall be enacted, on a proposal given by the 
Director General of the Office, by the Minister 
responsible for the work of the Office, not later than up to 1 June 2008.  
(3) The Rules of Procedure referred to in Article 36 
of this Act shall be enacted not later than up to 1 
June 2008.  
 
Article 54  
The Legislation Committee of the Croatian 
Parliament shall hereby be authorized to prepare 
and publish a revised version of the Patent Act.  
 
Article 55  
This Act shall enter into force on the eight day 
following the day of its publication in the Official 
Gazette, with the exception of Article 4, and Articles 
32 to 39 thereof, which shall enter into force on 1 
June 2008, Articles 31 and 49 thereof, which shall 
enter into force on the day of the acceptance of the 
Republic of Croatia into the European Union, and 
Article 47 thereof, which shall enter into force on 
the day of the entry into force of the EPC in the 
Republic of Croatia.  Patent Act and  
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May 2018     54  THE ACT   
ON AMENDMENTS TO THE PATENT ACT *** 
 
Article 1  
In the Patent Act (OG Nos. 173/03, 87/05 and 
76/07), in Article 4, paragraph (1) is amended to 
read: 
(1) A legal or a natural person not having a 
principle place of business, a domicile or a habitual 
residence in the territory of the Republic of Croatia, 
must be represented in the proceedings before the State Intellectual Property Office (hereinafter: the 
Office) by an authorized patent representative, 
pursuant to the provisions of this Act and special 
regulations.  
 
Article 2  
In Article 29, paragraph (1), item 5, the Croatian 
words translated as: “a patent representative 
entered in the Register of Representatives kept by the Office” are replaced by the Croatian words 
translated as: “an authorized patent 
representative”.  
 
 
Article  3 
In Article 57, paragraph (5), after item 8, item 9 is added to read:  
“9. filing of the appeal referred to in Article 88 of this Act and taking other actions in the procedure 
before the Board of Appeal”.  
 
Article 4  
In Article 57a, paragraph (4), a new it em 4 is 
added to read:  
“4. For filing the appeal referred to in Article 88 of 
this Act and taking other actions in the procedure 
before the Board of Appeal”.  
The former item 4 becomes item 5.  
 
Article 5  
In Article 65, paragraph (1), after the words: “of 
the Republic of Croatia” a comma is inserted and is 
followed by the words: “or upon the accession of 
the Republic of Croatia to the European Union 
respectively, on the market of any of the States of 
the European Union, or States Parties to the 
Agreement Cr eating the European Economic Area”.  
 
Article 6  
In Article 69a, paragraph (2), the words: “by 
exerting a pharmacological, immunological or 
metabolic action” are deleted.   
Article 7  
In Article 69b, paragraph (6), the Croatian words 
translated as: “those coun tries have issued”, are 
replaced by the Croatian words translated as: “this country has issued”.  
 
Article 8  
In Article 69f, paragraph (1), the Croatian word 
translated as: “re -import”, is replaced by the 
Croatian word translated as: “re -export”.  
 
Article 9  
In article 87a, paragraph (1), item d), after the 
words: “is the first authorisation to place”, the words “a product as” are inserted.  
In paragraph (2), item i), a spelling error of the Croatian word translated as “grant” is corrected.  
In item j), the wor ds: “plant protection products” 
are replaced by the words: “the products as plant protection products”.  
 
Article 10  
In Article 87b, paragraph (1) is amended to read:  
“(1) The Certificate may be granted in accordance 
with the provisions of this Act in the c ases where a 
basic patent has been granted for a product which 
is a component part of a medicinal product 
intended for humans or animals, or for a plant 
protection product, the placing on the market of 
which requires prior authorisation by the competent 
State authority.”  
Paragraph (3) is amended to read:  
“(3) The rights conferred by the Certificate shall run 
for a period equal to the period which elapsed 
between the date of filing of the application for a 
basic patent and the date of the first authorisation  
to place the product protected by auch a patent on 
the market, reduced by a period of five years.”  
 
Article 11  
Article 87c is amended to read:  
“The Certificate shall be granted upon a request of 
the owner of the basic patent, if the following conditions are met on the date of filing of the 
application for the Certificate:  
1. that the product is protected by a basic patent in 
force,  
2. that an authorisation to place the product on the 
market as a medicinal product intended for humans 
or animals, or a plant  protection product 
respectively, which is in force, has been granted in accordance with special regulations,  Patent Act and  
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May 2018     55  3. that the product has not already been the 
subject of the Certificate,  
4. that the authorisation referred to in item 2 of 
this Article, is the f irst authorisation to place the 
product on the market as a medicinal product intended for humans or animals, or a plant 
protection product, respectively.”  
 
Article 12  
Article 87d is amended to read:  
“The application for the Certificate shall be filed with the Office within six months from the date of 
the grant of the authorisation, referred to in Article 87c, item 2 of this Act, and if the authorisation has 
been granted before the grant of the basic patent, 
within six months from the date of publication of 
the mention of the grant of the patent, referred to 
in Article 51 of this Act.”  
 
Article 13  
In Article 87f, paragraph (4), the word: “decision” 
is replaced by the word: “conclusion”.  
 
Article 14  
In Article 87j, paragraph (1) is amended to read:  
“(1) Within  the limits of the protection conferred by 
the basic patent, the protection conferred by the 
Certificate shall extend only to the product covered 
by the authorisation to place on the market a 
medicinal product intended for humans or animals, 
or a plant pro tection product respectively, as well 
as for any use of the product as a medicinal 
product intended for humans or animals, or a plant 
protection product, respectively, that has been 
authorized before the expiry of the Certificate.  
 
Article 15  
In Article 10 8o, paragraph (1), the words: “and 4”, 
are replaced by the words: “to 5”.  
In paragraph (2), item 1, twice repeated words in 
the Croatian version of the text are deleted with no 
relevance to the English translation.  
 
  
 
 
 
 
 
 
 TRANSITIONAL AND FINAL PROVISIONS  
SPECIAL RIGHTS IN TRANSITIONAL PERIOD  
 
Article 16  
The owner of the basic patent in the Republic of 
Croatia, granted for the product as a medicinal 
product intended for humans or animals, or the 
product as a plant protection product, respectively, 
for which the authorization to place it on the 
market is granted by a competent authority in any 
of the Member States of the European Union, on 
the day of the accession of the Republic of Croatia 
to the European Union, or, in the Republic of 
Croatia, after 1 January 2003, may apply for a 
Supplementary Protection Certificate in the Republic of Croatia, within 6 months as of the day 
of the accession of the Republic of Croatia to the 
European Union.  
 
Article 17  
The Agreement on the application of  Article 65 EPC 
(London Agreement) shall apply to all European 
patents and extended European patents granted 
after 1 May 2008, irrespective of whether they have 
been granted after the first instance procedure or 
opposition procedure or appeal procedure, an d the 
mention of the grant or amendment of which have 
been published by the EPO.  
 
Article 18  
In the Act on Amendments to the Patent Act (OG 
76/07), Article 50 and the heading above it shall 
cease to have effect.  
 
Article 19  
This Act shall enter into force on the eighth day 
following the day of its publication in the “Official 
Gazette”.  
 
 Patent Act and  
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May 2018     56  THE ACT  
ON AMENDMENTS TO THE PATENT ACT****  
 
Article 1  
In the Patent Act (Official Gazette 173/03, 87/05, 
76/07 and 30/09), in Article 87a, paragraph (1), 
item (e) is add ed to read:  
(e) “request for an extension of the duration” 
means a request for an extension of the duration of 
the Certificate granted for the protection of 
medicinal products for paediatric use.”  
 
Article 2  
In Article 87.b a new paragraph (5) is added to  
read: 
“(5) The duration of the Certificate according to 
paragraphs (3) and (4) shall be extended by six 
months in the cases where a patent has been 
granted for a medicinal product for paedriatic use, 
if the medicinal product has been granted the 
authoriza tion for placing it on the market in all the 
Member States of the European Union. In such a case the duration of the period referred to in 
paragraph (3) of this Article may be extended only 
once. An extension of the duration of the Certificate 
shall not be  granted for a medicinal product to 
which a one -year extension of a ten -year period of 
protection applies in accordance with Article 15a paragraph (3) of the Medicinal Products Act, and 
for orphan medicinal products within the meaning 
of the Medicinal Prod ucts Act.”  
The former paragraph (5) becomes paragraph (6).  
 
Article 3  
In Article 87d paragraphs (2) and (3) are added to 
read: 
“(2) The request for an extension of the duration of 
the Certificate referred to in Article 87a paragraph 
(1) item (e) of this Ac t may be filed when filing the 
application for the Certificate or when the application for the Certificate is pending and the 
appropriate conditions referred to in Article 87e 
paragraphs (4) and (5) of this Act are met.  
(3) The request for an extension of the duration of 
a Certificate already granted shall be filed not later than two years before the expiry of the Certificate.”  
 
Article 4  
In Article 87e paragraph (1) item 1a, after the word 
“Certificate”, the words “or an extension of the 
duration of the Ce rtificate, respectively, are added.”  
In item 5, after the word “Certificate”, a full stop is 
replaced by a comma and is followed by the words 
“and an extension of the duration of the 
Certificate.”   
After paragraph (3), a new paragraph (4) and 
paragraphs (5 ) and (6) are added to read:  
“(4) Where the application for a Certificate includes 
a request for an extension of the duration, it shall 
be accompanied by:  
1. a copy of the statement indicating compliance with an agreed completed paedriatic investigation 
plan, as prescribed by a special regulation,  
2. where necessary, in addition to the copy of the authorization to place the product on the market as 
referred to in Article 87c paragraph (1) item 1 of 
this Act, a proof of possession of authorizations to 
place the product on the market of all Member 
States, as prescribed by a special regulation.  
(5) Where an application for a Certificate is 
pending, a request for an expended duration in 
accordance with 87d paragraph (2) of this Act shall 
include the particulars referred to in paragraph (4) 
of this Article and a reference to the application for 
a Certificate already filed.  
(6) The application for an extension of the duration of a Certificate already granted shall contain the 
particulars referred to in paragraph ( 4) of this 
Article and a copy of the Certificate already granted.  
The former paragraph (4) becomes paragraph (7).  
 
Article 5  
In Article 87f, paragraph (6) is added to read:  
“(6) The provisions of this Article shall apply 
mutatis mutandis  to a request for an extension of 
the duration of the Certificate.”   
 
Article 6  
In Article 87g, paragraph (4) is added to read:  
“(4) The provisions of this Article shall apply 
mutatis mutandis  to a request for an extension of 
the duration of the Certifica te.”   
 
Article 7  
In Article 87k paragraph (1), after the words “termination of the Certificate”, a full stop is 
replaced by a comma and is followed by the words 
“as well as the indication of the fact that an 
extension of the duration of the Certificate ha s 
been granted or the fact that a request for an 
extension has been refused.”  
 
Article 8  
In Article 87m, paragraph (2) is amended to read:  
“(2) An extension of the duration of the Certificate 
may be revoked if it was granted contrary to the 
provision of A rticle 87b paragraph (5).  Patent Act and  
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May 2018     57  After paragraph (2), paragraph (3) is added to 
read: 
“(3) The provisions of this Act relating to the 
procedure concerning a proposal for the declaration 
of a patent null and void shall apply mutatis 
mutandis to the procedure for t he declaration of 
invalidity of the Certificate or the procedure for the 
revocation of an extension of its duration, 
respectively.”  
 
Article 9  
This Act shall enter into force on the eight day following the day of its publication in the Official 
Gazette.  
 Patent Act and  
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May 2018     58  ACT ON AMENDMENTS TO  
THE PATENT ACT*****  
 
Article 1  
In the Patent Act (“Official Gazette” Nos. 173/03, 
87/05, 76/07, and 128/10), in Article 4, paragraphs 
(4) and (5) are amended to read:  
„ (4) If a foreign legal or natural person fails to 
appoint a repre sentative, or to communicate the 
address for correspondence to the Office, in 
accordance with the provision set out in paragraph 
(3) of this Article, the Office shall order it by a 
conclusion to appoint a representative or to 
communicate the address for co rrespondence 
within a period of three months.  
(5) If a foreign legal or natural person fails to comply with the conclusion of the Office referred to 
in paragraph (4) of this Article, the Office shall 
reject its communication and shall provide for the 
legal service to be made by public announcement).  
 
Article 2  
In Article 15 paragraph (2), the words 
“administrative decisions” are replaced by the word 
“decisions”  
Paragraph (3) is deleted.  
In the former paragraph (4), which becomes paragraph (3), the words “administrative decisions” 
are replaced by the word “decisions”  
 
Article 3  
In Article 16, paragraph (1) is amended to read:  
“(1) The procedures provided for by this Act and 
the filing of an appeal shall be subject to payment 
of the fees and procedural char ges in accordance 
with special regulations.”  
Paragraphs (2) and (3) are deleted.  
 
Article 4  
In Article 17, a new paragraph (2) is added to read:  
“(2) A patent application may be filed directly in 
writing, by post, or by electronic means.”  
The former paragraph (2) becomes paragraph (3).  
 
Article 5  
In Article 23, paragraph (1), the words “In 
accordance with the provisions of Article 4 of the 
Paris Convention for the Protection of Industrial 
Property (hereinafter: the Paris Convention”) are 
deleted, and the w ord “any” begins with a capital 
letter.   
Article 6  
In Article 24, paragraph (2), after the words “of this Act expired” the words “but within a period of two 
months from the date of expiration of the priority 
right,” are added.  
Paragraph 5 is amended to rea d: 
“(5) The Office shall previously notify the applicant of the reasons for which it intends to refuse a 
request for the restoration of the priority right, and 
shall invite him to file observations on such reasons 
within a period of two months from the day  of 
receipt of the notification. On the reasoned request of the applicant, the Office may extend the time 
limit for filing observations for one month”  
 
Article 7  
In Article 24.a paragraph (2), the Croatian word 
translated as “by a decision” is replaced by another 
Croatian words translated “by a decision”.  
 
Article 8  
Article 29 is amended to read:  
“(1) Upon receipt of a patent application, the Office 
shall examine whether:  
1. the application complies with the requirements for the accordance of the 
filing date referred to in Article 21  of this 
Act, 
2. the administrative fee and procedural 
charges for filing the application have been 
paid in compliance with Article 16 of this Act, 
3. the translation of the application in the 
Croatian language is filed, if the application 
has been drafted in a foreign language,  
4. the drawings referred to in Article 20, 
paragraph (1), item 4, of this Act have 
been filed,  
5.  the applicant, referred  to in Article 4 of this 
Act, who is a natural or a legal person not 
having a principal place of business, a 
domicile or a habitual residence in the 
territory of the Republic of Croatia is represented by an authorized patent 
representative.  
(2) If the appl ication does not comply with the 
requirements for the accordance of the filing date 
referred to in Article 21 of this Act, the Office shall 
order the applicant by a conclusion to correct the 
deficiencies expressly indicated in it, within a period 
of two months from the day of receipt of the 
conclusion.  Patent Act and  
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May 2018     59  (3) If the applicant does not comply with the 
conclusion of the Office within the time limit 
referred to in paragraph (2) of this Article, the 
patent application shall be rejected by a decision.  
(4) If the ap plicant corrects the deficiencies within 
the time limit referred to in paragraph (2) of this 
Article, the Office shall inform him that the date of 
receipt of the required corrections shall be 
accorded as the filing date of the patent 
application.  
(5) Where  a patent application refers to drawings 
not included in the application, the Office shall 
order the applicant by a conclusion to file the 
drawings within a period of two months from the 
day of receipt of the conclusion, and if the applicant complies with the conclusion of the 
Office, it shall be considered that the filing date of the application is the date of receipt of the 
drawings by the Office. If the drawings are not 
filed, it shall be considered that the applicant did not refer to them.  
(6) The Offic e shall order by a written conclusion 
the applicant who has not paid the administrative 
fee and procedural charges or has not filed the 
translation of the patent application into the 
Croatian language, to correct the respective 
deficiencies within a period  of two months from the 
day of receipt of the conclusion.  
(7) At a reasoned request of the applicant, the Office may extend the time limits set out in this 
Article for a period considered to be justified, but 
not exceeding three months.  
(8) It the applican t does not comply with the 
conclusion of the Office referred to in paragraph (6) 
of this Article, the patent application having been 
accorded the filing date shall be considered 
withdrawn, and the Office shall issue a decision on 
the suspension of the pate nt granting procedure.  
 
Article 9  
In Article 30 paragraph (1), the Croatian word 
translated as “by a decision” are deleted.  
 
Article 10  
In Article 34, paragraph (2) is amended to read:  
“(2) If such examination establishes that the 
requirements referred to in paragraph (1) of this 
Article are not complied with, the Office shall order 
the applicant by a conclusion to correct the deficiencies, expressly indicated in it, within an 
appropriate time limit. This time limit shall not be 
less than two months and not  more than three 
months from the day of receipt of the conclusion.”  In paragraph (4), the Croatian word translated as 
“a decision” is replaced by another Croatian word 
translated as “a decision”.  
 
In paragraph (5), the words “with the invitation” 
are repl aced by the words “with the conclusion”  
 
Article 11  
In Article 36 paragraph (2), the Croatian word 
translated as “a decision” is replaced by another 
Croatian word translated as “a decision”.  
 
Article 12  
In Article 42 paragraph (1), number “3” is replaced 
by number “2”.  
 
Article 13  
In Article 43, paragraph (3) is amended to read:  
“(3) An opposition to the grant of a consensual 
patent shall contain:  
1. an express indication of an opposition to 
the grant of a consensual patent,  
2. indications concerning the p erson filling the 
opposition, namely his family name, given 
name and domicile, if a natural person is 
concerned, or a company name and its 
principle place of business, if a legal person 
is concerned,  
3. the number of the consensual patent application,  
4. reasons for the opposition,  
5. indications concerning the applicant for a consensual patent,  
6. the title of the invention,  
7. indications concerning a representative, 
namely his family name, given name and 
domicile, if a natural person is concerned, 
or a c ompany name and its principle place 
of business, if a legal person is concerned, 
if the opposition is filed through a 
representative, and a dully filed power of 
attorney,  
8. the signature of the person filing the opposition or of a representative.”.  
 
Article 14 
In Article 45 paragraph 2, the Croatian word 
translated as “by a decision” are replaced by 
another Croatian word translated as “by a decision”.  
 Patent Act and  
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May 2018     60  Article 15  
In Article 47, paragraph (1) is amended to read:  
“(1) If it has been established that a patent  
application:  
1. does not comply with all the requirements 
for the grant of a patent referred to in 
Article 37, paragraph (1) of this Act, or  
2. does not comply with the requirements for 
the grant of a consensual patent referred 
to in Article 41 of this Ac t, 
the Office shall, prior to issuing a decision on the refusal of a patent, notify the applicant in writing of 
the reasons for which the patent shall not be 
granted, and shall invite him to comment in writing 
on the specified reasons within a time limit w hich 
shall not be less than two months or more than 
four months from the day of receipt of the 
notification.”.  
In paragraph (3) the word “invitation” is replaced by the word “notification”.  
 
Article 16  
In Article 48, paragraph (2) is amended to read:  
“(2) The Office shall notify the applicant of the 
content of the patent application on the basis of 
which it intends to grant a patent, and shall invite 
him to submit a written approval of the text 
provided within a period of two months from the 
day of receipt of the notification.”.  
Paragraph (3) is amended to read:  
“(3) If the applicant fails to comply with paragraph 
(2) of this Article, the Office shall issue a decision 
on the grant of a patent, as though the approval 
had been submitted.”.  
 
Article 17  
Article 56 is amended to read:   
“(1) Mistakes made in names or numbers, typing 
errors, linguistic errors and other obvious mistakes 
in documents, registers or publications shall be 
corrected at a request of the applicant or patent 
owner or ex officio.  
(2) A reque st for the correction of the mistakes 
referred to in paragraph (1) of this Article shall be subject to payment of the administrative fee and 
procedural charges in cases where a mistake is not 
attributable to the Office.  
(3) If a patent application has been  published, all 
the amendments referred to in paragraph (1) shall 
be published in the official gazette of the Office.  
(4) The manner of filing a request for the correction of mistakes shall be defined by the 
Regulations.”.  
 Article 18  
Article 57 shall be a mended to read:  
“(1) If the applicant or the owner of a patent has, 
despite due care required by the circumstances, 
failed to perform an act in the course of the 
procedure before the Office within the time limit 
prescribed by this Act or the regulation ena cted by 
virtue of this Act, the direct result of which is a loss 
of rights conferred by the patent application or the 
patent, the Office shall authorize the restitutio in 
integrum, provided that the applicant:  
1. files a proposal for the restitutio in integrum and completes the omitted acts 
within the prescribed time limit;  
2. indicates the circumstances that prevented him from performing the omitted act in 
time; 
3. pays the administrative fee and procedural charges in compliance with Article 16 of 
this Act . 
(2) A proposal for the restitutio in integrum shall be 
filed within three months from the day on which 
the reason of failure ceased to exist. The proposal 
shall not be filed after the expiration of a period of 
one year from the date of failing to comply with a 
time limit.  
(3) After the expiration of a period of one year from 
the date of failing to comply with the time limit, the 
proposal referred to in paragraph (1) of this Article 
shall not be filed. In the case of failing to comply 
with a time limit for  payment of a renewal fee for 
the maintenance of a patent, the time limit laid 
down in Article 74, paragraph (3) of this Act shall 
be included in the one -year period.  
(4) If a proposal for the restitutio in integrum does not meet the conditions referred to  in paragraph 
(1) of this Article, the Office shall order the 
applicant by a conclusion to rectify the proposal 
within a period of two months from the receipt of 
the conclusion. If the applicant fails to comply with 
the conclusion within the prescribed tim e limit, and 
if a proposal for the restitutio in integrum is not filed in the prescribed time limit, the Office shall 
issue a decision on the rejection of the request for 
the restitutio in integrum.  
(5) The Office shall, prior to issuing a decision on the proposal for the restitutio in integrum, notify 
the person filing the proposal of the reasons for which it intends to refuse the proposal, entirely or 
in part, and shall invite him to comment on those 
reasons within two months from the day of receipt 
of the notification.  
(6) A proposal for the restitutio in integrum shall not be filed in connection with the failure to  comply 
with a time limit for the following acts:  Patent Act and  
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May 2018     61  1. filing of the proposal referred to in 
paragraph (1) of this Article,  
2. filing of the re quest for the extension of a 
time limit,  
3. filing of the request referred to in Articles 24 
and 24a of this Act,  
4. filing of one of the requests referred to in 
Article 36 of this Act,  
5. filing of the opposition referred to in Article 
43, paragraph (1) of this Act,  
6. filing of the request referred to in Article 57a 
of this Act,  
7. furnishing of the translation referred to in 
Article 29, paragraph (1), item 3 and Article 
103, paragraphs (2) and (3) of this Act, and Article 108e, paragraphs (2) and (4) of  
this Act  
8. all the acts in the procedures before the 
Office, involving several parties,  
9. filing of the appeal referred to in Article 88 
of this Act, and performing of other acts in 
the procedure before the Board of Appeal.  
(7) Any person who has in goo d faith exploited an 
invention or has made real and serious 
preparations for exploiting the invention which is 
the subject -matter of a published application may, 
in the period between the loss of rights referred to 
in paragraph (1) of this Article, and the  publication 
of the fact concerning the acceptance of the 
proposal for the reinstatement of rights, continue 
such exploitation, without compensation for 
damages, for the purposes of his own business and needs related to it.  
(8) The contents of the publicat ion of indications 
concerning the restitutio in integrum shall be 
specified by the Regulations.”.  
 
Article 19  
In Article 57a, paragraph (3) is amended to read:  
“(3) If the omitted acts have not been performed within the time limit referred to in paragraph (2) of 
this Article, the Office shall issue a decision on the 
rejection of a request for the continued 
processing.”.  
Paragraph (5) is amended to read:  
“(5) If the Office complied with the request referred 
to in paragraph (1) of this Article, the provisions of 
Article 57, paragraphs (7) and (8) of this Act shall 
apply mutatis mutandis.”.  
 
Article 20  
In Article 81, paragraph (1), the words “the Office 
shall invite the applicant to correct the deficiencies 
within 30 days from the day of receipt of the invitation.” shall be replaced by the words “the 
Office shall order the applicant by a conclusion to 
correct such deficiencies within a period of two 
months from the day of receipt of the conclusion.”.  
In paragraph (2), the Croatian word translated as “by a decisi on” is replaced by another Croatian 
word translated as “by a decision”.  
In paragraph (6), the words “shall invite the owner of the patent to…within a period of 60 days from 
the receipt of the invitation” are replaced by the 
words “shall order the owner of  the patent by a 
conclusion to…within a period of two months from 
the receipt of the conclusion”.  
 
Article 21  
In Article 87f, paragraph (3), the words “shall invite 
the applicant to remedy the deficiencies indicated 
in the invitation within a period of 30 days from the 
receipt of the invitation.” are replaced by the words 
“shall order the applicant by a conclusion to remedy 
the indicated deficiencies within a period of two 
months from the receipt of the conclusion.”.  
In paragraph (4), the Croatian word translated as “a decision” is replaced by another Croatian word 
translated as “a decision”.  
 
Article 22  
In Article 88, the Croatian word translated as “a 
decision” in the appropriate grammatical number 
and case is replaced by another Croatian word 
translated as “a decision” in the appropriate 
grammatical number and case.  
 
Article 23  
In Article 91, after paragraph (9), paragraph (10) is 
added to read:  
“(10) The chosen parts of the decisions issued by 
the Boards of Appeal shall be published on the web 
site of th e Boards of Appeal.”.  
 
Article 24  
The Minister responsible for the work of the Office shall, on a proposal given by the Director General 
of the Office, harmonize the Regulations referred to in Article 115 of the Patent Act (“Official Gazette” 
Nos. 173/03,  87/05, 76/07 and 128/10) with the 
provisions of this Act not later than within a period of two months from the day of the entry into force 
of this Act.  
 
Article 25  
This Act shall enter into force on the eight day 
following the day of the publication there of in the 
“Official Gazette”.  Patent Act and  
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May 2018     62  
 ACT ON AMENDMENTS TO  
THE PATENT ACT****** 
 
Article 1  
In the Patent Act (“Official Gazette” Nos. 173/2003, 
87/2005, 76/2007, 30/2009, 128/10 and 49/2011), 
after Article 1, Articles 1.a and 1.b are added to 
read: 
“Article 1.a  
This Act establishes a competent body and the tasks thereof relating to the implementation of the 
Regulation (EC) No. 469/09 of the European 
Parliament and of the Council of 6 May 2009, 
concerning the supplementary protection certificate 
for medicinal products intended for humans or 
animals, as amended (OJ L 152, 16 .6.2009, 
containing all the amendment s – hereinafter: the 
Regulation (EC) no. 469/2009), the Regulation (EC) 
No. 1610/96 of the European Parliament and of the 
Council of 23 July 1996, concerning the creation of 
a supplementary protection certificate for pl ant 
protection products, as amended ( OJ L 198, 
8.8.1996, containing all the amendments – 
hereinafter:  the Regulation (EC) No. 1610/1996), 
as well as the Regulation (EC) No. 816/2006 of the 
European Parliament and of the Council of 17 May 
2006, on compulsory licensing of patents relating to 
the manufacture of pharmaceutical products for 
export to cou ntries  with public health problems, as 
amended (OJ L 157, 9.6.2006, containing all the 
amendments – hereinafter: the Regulation (EC) No. 
816/2006.”.  
 
Article 1.b  
The expressions used in this Act, having a gender 
meaning, irrespective of whether they are used in 
the male or female gender, shall include equally the 
male and female gender.”.  
 
Article 2  
In Article 8, after paragraph (4), paragraph (5) is added to read:  
“(5) The provisions laid down in paragraphs (1) to (3) of this Article shall not exclude the possibility 
for patent protection of a substance or a 
composition as referred to in paragraph (4) of this 
Article, for a special use in the processes referred 
to in Article 6 paragraph (3) of this  Act, provided 
that such use thereof does not form part of the 
state of the art.”.  
 
Article 3  
Article 69.a is amended to read:  
 “Article 69.a  
(1) The court referred to in Article 67a paragraph 1 
of this Act may grant, to any person instituting a legal action claiming the grant of a compulsory 
license in accordance with the provisions of the 
Regulation (EC) No. 816/2006, a compulsory 
license for a patent or a Supplementary Protection 
Certificate, required for the manufacture and sale 
of a pharmaceutical prod uct, where such a product 
is intended for export to importing countries with public health problems.   
(2) In relation to compulsory licenses relating to 
the manufacture of pharmaceutical products for 
export to countries with public health problems, the 
terms within the meaning of this Act shall have the 
same meaning as those used in the Regulation (EC) 
No. 816/2006.  
(3) With an application for the grant of a compulsory license referred to in paragraph (1) of 
this Article, the applicant shall communicate th e 
number of the granted patent or the 
Supplementary Protection Certificate for the 
invention which is the subject matter of the 
compulsory license, and the website address 
referred to in Article 10.6 of the Regulation (EC) 
No. 816/2006.  
(4) The provisions of this Act relating to compulsory 
licenses and the provisions of the Act on Civil 
Proceedings shall apply mutatis mutandis to 
particular matters relating to the procedure for the 
grant of a compulsory license, not regulated by the 
Regulation (EC) No. 816 /2006.”.  
 
Article 4  
The heading above Article 69b and Article 69b are 
amended to read:  
“Adoption of an Application for the 
Grant of a Compulsory License  
 
Article 69b  
(1) If in the examination procedure concerning an 
application for the grant of a compulsor y license it 
has been established that the application complies with all the requirements prescribed by the Regulation (EC) No. 816/2006, and the 
requirements prescribed by this Act and the Act on 
Civil Proceedings, the court shall issue a decision on 
the adoption of the application.  
(2) In its decision, the court shall indicate in detail 
specific conditions set out in Article 10 paragraphs 
2 to 9 of the Regulation (EC) No. 818/2006, to be 
fulfilled by the licensee.  
(3) Indication of the grant of a compuls ory license 
shall be entered in the Register of Patents or the Patent Act and  
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May 2018     63  Register of Supplementary Protection Certificates 
and published in the official gazette of the Office.  
(4) The court shall notify the Council for TRIPS 
through the intermediary of the Office of  its final 
decisions relating to the grant of a compulsory license, the conditions under which it was granted, 
as well as of its termination and review, indicating 
the data prescribed by Article 12 of the Regulation 
(EC) No. 816/2006. A copy of this notifi cation shall 
be communicated by the Office to customs authorities and to the authority competent for 
medicines and medicinal products in the Republic of 
Croatia.”.  
 
Article 5  
Article 69c is amended to read:  
 
“Article 69c  
The court referred to in Article 67a paragraph (1) 
of this Act shall refuse an application for the grant 
of a compulsory license by a decision, if it fails to 
comply with the requirements set out in the 
Regulation (EC) No. 816/2006, and the 
requirements prescribed by this Act.”.  
 
Article 6  
The headings above Articles 69e to 69g and Articles 
69e to 69h are deleted.   
 
Article 7  
The heading above Article 87a and Article 87a are amended to read:  
“Common Provisions on the Procedure 
for the Grant of a Supplementary 
Protection Certificate  
 
Article 87a  
(1) If a basic patent has been granted for a product 
which is a component part of a medicine intended 
for humans or animals, the Office may grant a 
Supplementary Protection Certificate in accordance 
with the Regulation (EC) No. 469/2009.  
(2) If a basic patent has been granted for a product 
which is a component part of a plant protection 
product, the Office may grant a Supplementary 
Protection Certificate in accordance with the 
Regulation (EC) No. 1610/1996.  
(3)  In relation to Supplementary Protection Certificates, the terms within the meaning of this 
Act shall have the same meaning as those used in 
the Regulations (EC) No. 469/2009 and 1610/1996.  
(4) The provisions of this Act, with the exception of Articles 57 and 57a in the case of failing to comply 
with the time limits provided for in Article 7 of the Regulation (EC) No. 469/2009 and Article 7 of the Regulation (EC) No. 1610/1996, shall apply mutatis 
mutandis to particular matters of the procedure 
relating to Supplementary Protection Certifica tes, 
not regulated by the Regulations (EC) No. 
469/2009 and No. 1610/1996.  
 
Article 8  
The heading above Article 87b and Article 87b are 
amended to read:  
“A Register  
 
Article 87b  
(1) The Office shall keep a Register of Applications 
for Supplementary Protect ion Certificates, which 
shall also include requests for an extension of the 
duration of Certificates and the Register of 
Supplementary Protection Certificates.  
(2) The content and the manner of keeping the Registers referred to in paragraph (1) of this Article 
shall be defined in more detail by the Ordinance 
(Regulations).  
(3) The provisions of this Act relating to the 
Register of Patents and the Register of Patent 
Applications shall apply mutatis mutandis to the 
Registers referred to in paragraph (1) of  this 
Article.”.  
 
Article 9  
The heading above Article 87c and Article 87c are 
amended to read:  
“An Application for a Supplementary 
Protection Certificate  
 
Article 87c  
(1) An application for a Supplementary Protection 
Certificate shall be filed with the Off ice in 
accordance with the provisions of Article 7 
paragraphs (1) and (2) of the Regulation (EC) No. 
469/2009 and Article 7 of the Regulation (EC) No. 
1610/96.  
(2) In addition to the content prescribed by Article 8 paragraph (1) of the Regulation (EC) No. 
469/2009 and Article 8 paragraph (1) of the 
Regulation (EC) No. 1610/96, an application for a 
Supplementary Protection Certificate shall also 
contain the name of the product for which the 
grant of the Certificate has been applied for.  
(3) With an applicati on for a Supplementary 
Protection Certificate the applicant shall file 
evidence as to payment of the administrative fee 
and procedural charges for the grant of the 
Certificate.  Patent Act and  
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May 2018     64  (4) The application referred to in paragraph (1) of 
this Article shall be filed  on the form, the content of 
which shall be defined in more detail by the 
Ordinance.         
 
Article 10  
The heading above Article 87d and Article 87d are amended to read:  
“Content of an Application for a 
Supplementary Protection Certificate 
Required for t he Accordance of the 
Filing Date  
 
Article 87d  
(1) The accordance of the filing date of the application for a Supplementary Protection 
Certificate shall require that on that date the 
application contains at least:  
1. an express indication of the fact that t he 
Certificate is applied for;  
2. data on the identity of the applicant;  
3. the number of the basic patent and the title 
of the invention;  
4. the number and date of the first 
authorization to place the product on the 
market, in accordance with Article 3 it em 
(b) of the Regulation (EC) No. 469/2009 
and Article 3 item 1(b) of the Regulation 
(EC) No. 1610/96, and indication of the 
number and date of the first authorization, 
if the authorization as filed is not the first 
authorization to place the product on th e 
market.  
(2) The application which is accorded a filing date shall be entered in the Register of Applications for 
Supplementary Protection Certificates and shall be 
available to the public.”.  
 
Article 11  
The heading above Article 87e and Article 87e are 
amended to read:  
“Examination of the Application for the 
Supplementary Protection Certificate 
upon Its Receipt  
 
Article 87e  
(1) In the examination procedure carried out upon the application for a Certificate the Office shall 
establish:  
1. whether the application complies with the 
requirements for the accordance of the 
filing date referred to in Article 87d of this 
Act; 2. whether the administrative fee and 
procedural charges for filing the application 
have been paid.  
(2) If the application fails to com ply with the 
requirements referred to in Article 87d of this Act, 
the Office shall order the applicant by a conclusion 
to correct the deficiencies as indicated in it, within 
a period of two months from the day of receipt of 
the conclusion.  
(3) If the applicant fails to comply with the conclusion of the Office within the time limit 
referred to in paragraph (2) of this Article, the 
application shall be rejected by a decision.  
(4) If the applicant corrects the deficiencies within the time limit referred to in paragraph (2) of this Article, the Office shall inform him that the date of 
receipt of the required corrections shall be 
accorded as the filing date of the correct 
application for a Certificate.  
(5) The Office shall order by a written conclusion 
the applic ant who has not paid the administrative 
fee and procedural charges to do this within a 
period of two months from the day of receipt of the 
conclusion. If the applicant fails to pay the fees and 
procedural charges within a prescribed time limit, 
the applica tion shall be rejected by a decision.  
(6) Upon a reasoned request of the applicant, the 
Office may extend the time limits prescribed by this 
Article for a period which it considers to be 
justified, but not exceeding three months.  
(7) The application for a Certificate which complies 
with the requirements referred to in paragraph (1) of this Article shall be published in the official 
gazette of the Office in accordance with the 
provisions of Article 9 paragraph (2) of the 
Regulation (EC) No. 469/2009 and Arti cle 9 
paragraph (2) of the Regulation (EC) No. 
1610/96.”.  
 
Article 12  
The heading above Article 87f and Article 87f are amended to read:  
“A Decision on an Application for a 
Supplementary Protection Certificate  
 
Article 87f  
(1) If, in the further course of the examination 
procedure, it has been established that the 
application complies with all the requirements 
prescribed by the Regulations (EC) No. 469/2009 
and No. 1610/96, and the requirements prescribed 
by this Act, the Office shall issue a decision on th e 
grant of a Certificate, also specifying the duration of the Certificate.  
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May 2018     65  (2) The Office shall issue the decision referred to in 
paragraph (2) of this Article provided that the 
administrative fees and procedural charges for the 
maintenance, printing and publication of a 
Certificate have been paid.  
(3) If in the examination procedure it has been established that the application fails to comply with 
the requirements referred to in paragraph (1) of 
this Article, the Office shall issue a decision on the 
refusal of the application for a Certificate.  
 (4) Prior to issuing a decision on the refusal of the application for a Certificate, the Office shall inform 
the applicant of the reasons for which it shall not 
grant the Certificate, and shall invite him to file 
observations on such reasons in writing wi thin two 
months from the day of receipt of the information.  
(5) Upon a reasoned request of the applicant, the Office may extend the time limit referred to in 
paragraph (2) of this Article for a period which it 
considers to be justified, but not exceeding t hree 
months.  
(6) The indications contained in a decision on the grant of a certificate shall be entered in the 
Register of Supplementary Protection Certificates 
and published in the official gazette of the Office in 
accordance with the provisions of Articl e 9 of the 
Regulation (EC) No. 469/2009 and Article 9 of the 
Regulation (EC) No. 1610/96.  
(7) The indications concerning the grant of a Supplementary Protection Certificate as well as 
indications concerning its refusal shall be published 
in the official ga zette of the Office in accordance 
with the provisions of Article 11 of the Regulation 
(EC) No. 469/2009 and Article 11 of the Regulation 
(EC) No. 1610/96.”.  
 
Article 13  
The heading above Article 87g and Article 87g are 
amended to read:  
“Content of the Cert ificate  
 
Article 87g  
The Certificate shall contain the following 
indications:  
1. the number of the Certificate,  
2. the name and address of the holder of the 
Certificate ,  
3. the name of the product for which the 
Certificate is granted  
4. the number of the basic patent  
5. the title of the invention  
6. the number and date of the first 
authorization to place the product on the market in accordance with Article 3 item (b) of the Regulation (EC) No. 469/2009 
and Article 3 item 1(b) of the Regulation 
(EC) No. 16 10/96,  
7. the number and date of the first 
authorization, if the authorization as filed is 
not the first authorization to place the 
product on the market,  
8. the duration of the Certificate.”.  
 
Article 14  
The heading above Article 87h and Article 87h are amended to read:  
“A Request for an Extension of the 
Duration of a Supplementary 
Protection Certificate  
 
Article 87h  
(1)  A request for an extension of the duration of a Supplementary Protection Certificate shall be filed 
with the Office in accordance with the provisions of 
Article 7 paragraphs (3) to (5) of the Regulation 
(EC) No. 469/2009.  
(2) With the request referred to in paragraph (1) of this Article the applicant shall file evidence as to 
payment of the administrative fee and procedural 
charges for th e extension of the duration of the 
Certificate. If the applicant fails to pay the fees and 
procedural charges, the request shall be rejected 
by a decision.  
(3) The request referred to in paragraph (1) of this Article shall be filed on the form the content of 
which shall be defined in more detail by the 
Ordinance.  
 
Article 15  
The heading above Article 87i and Article 87i are amended to read:  
“Examination of a Request for an 
Extension of the Duration of a 
Certificate  
 
(1) If , in the course of the examination 
procedure concerning a request for an 
extension of the duration of a Certificate it has 
been established that the request complies 
with all the requirements prescribed by the 
Regulation (EC) No. 469/2009 and the  
requirements prescribed by this Act, the Off ice shall 
issue a decision on the extension of the Certificate 
in accordance with the provision of Article 13 
paragraph (3) of the Regulation (EC) No. 469/2009.  
(2) If the request fails to comply with the 
requirements referred to in paragraph (1) of this 
Article, the Office shall order the applicant by a Patent Act and  
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May 2018     66  conclusion to correct the deficiencies as indicated in 
it, within a period of two months from the day of 
receipt of the conclusion.  
(3) If the applicant fails to comply with the 
conclusion, the request shal l be rejected by a 
decision.  
(4) Upon a reasoned request of the applicant, the 
Office may extend the time limit referred to in paragraph (2) of this Article for a period which it 
considers to be justified, but not exceeding three 
months.  
(5) If a request f or an extension of a Certificate has 
been filed simultaneously with an application for a 
Supplementary Protection Certificate or in the 
course of the Certificate granting procedure, the 
Office shall decide on the request for an extension 
by a decision conc erning an application for a 
Supplementary Protection Certificate.  
(6) If a request for an extension of an already 
granted Certificate has been filed, and the procedure for the declaration of invalidity of the 
Certificate or for the lapse thereof have been 
initiated, the Office shall stay the procedure until a 
decision on the proposal for the declaration of 
invalidity of a Supplementary Protection Certificate, 
or a decision on the lapse thereof becomes final, 
respectively. In the case where the mentioned decisions become final, the request for an 
extension of a Certificate shall be considered withdrawn.  
(7) The data on the extension of a Certificate shall be entered in the Register of Supplementary Protection Certificates.  
(8) The data on the extension of a Supplementary Protection Certificate as well as the data on the 
refusal thereof shall be published in the official 
gazette of the Office in accordance with the 
provisions of Article 11 of the Regulation (EC) No. 
469/2009 and Article 11 of the Regulation (E C) No. 
1610/96.”.  
 
Article 16  
The heading above Article 87j and Article 87j are 
amended to read:  
“Publication  
 
Article 87j  
The content of the publication of data relating to 
the granting procedure and the duration of a Supplementary Protection Certificate,  as prescribed 
by the Regulations (EC) Nos. 469/2009 and 1610/96 shall be defined in more detail by the 
Ordinance.”.  
 Article 17  
The heading above Article 87k and Article 87k are 
amended to read:  
“Maintenance of a Supplementary 
Protection Certificate  
 
Article 87k  
(1) The annual fee for the maintenance of the 
Certificate shall be paid to the Office for each year 
of its duration.  
(2) The annual fee referred to in paragraph (1) of 
this Article shall cover a 12 month period, starting 
to run on the date of expiration of the basic patent 
and shall be paid for each year separately.  
(3) If the last period of the duration of the 
Certific ate is shorter than twelve months, the 
annual fee shall be paid in advance in the amount which is proportionate to the duration of the 
Certificate, together with the payment of the total 
amount of the annual fee for the last complete year.   
(4) If the hol der of the Certificate fails to pay the 
annual fee in accordance with paragraphs (2) and 
(3) of this Article, he may pay it in the grace period 
of six months, provided that he also pays 
administrative and procedural surcharges.  
(5) The Office shall inform the holder of the failure 
to pay the annual fee for the maintenance of the 
Certificate and of the consequences of the failure to 
pay them, as well as of the payment possibility 
referred to in paragraph (4) of this Article.  
 
Article 18  
The heading above Art icle 87l and Article 87l are 
amended to read:  
“Relation to a Consensual Patent  
 
Article 87l  
The provisions of Articles 87a to 87k shall not apply 
to a consensual patent.”.  
 
Article 19  
The headings above Articles 87m and 87n and Articles 87m and 87n are del eted. 
 
Article 20  
In Article 91 paragraph (5) is amended to read:    
(5) Clerical and other administrative tasks for the Boards of Appeal shall be carried out by the Office.  
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May 2018     67  Article 21  
In Article 92 paragraph (1) the word “the 
Government” is replaced by the words “the Minister 
competent for the work of the Office.”.  
TRANSITIONAL  AND FINAL 
PROVISIONS  
 
Article 22  
The Minister competent for the work of the Office 
shall, on a proposal given by the Director General 
of the Office, harmonize the Ordinance referr ed to 
in Article 115 of the Patent Act (Official Gazette 
Nos. 173/2003, 87/2005, 76/2007, 30/2009, 
128/10 and 49/2011) with the provisions of this 
Act, within a period of eight days from the date of its entry into force.  
 
Article 23  
“This Act shall enter into force on the eight day of 
its publication in the “Official Gazette”, with the 
exception of the provisions of Articles 1, 4, 5 to 20 
and Article 2 3, which shall enter into force on the 
day of the acc ession  of the Republic of Croatia to 
the European Unio n.” 
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May 2018     68  ACT ON AMENDMENTS TO  
THE PATENT ACT*******  
 
Article 1  
In the Patent Act (»Official Gazette«, No. 173/03, 
54/05, 87/05, 76/07, 30/09, 128/10, 49/11 and 
76/13), in Article 15 paragraphs (2) and (3) shall 
be amended to read:  
»(2) The decisions issued by the Office cannot be 
appealed, but an administrative dispute can be 
instituted before the Administrative Court in 
Zagreb.  
(3) The procedure referred to in paragraph (2) of this Article is urgent.«.  
 
Article 2  
After the words: »by the Act« in Article 16,  the 
words: »and the filing of an appeal« shall be deleted.  
 
Article 3  
In Article 57 paragraph (6), point 9 shall be 
deleted.  
 
Article 4  
In Article 57a paragraph (4), point 4 shall be deleted.  
Former point 5 shall become point 4.  
 
Article 5  
The heading of Title XI: »Appeal«, subheadings and headings above Articles and Articles 88 to 94 shall be deleted.  
 
Article 6  
After the words: »the Office« in Article 95m 
paragraph (3), the commas and the words: »or the 
Board of Appeal, respectively,« shall be deleted.  
 
 
TRANSITIONAL AND FINAL PROVISIONS  
 
Article 7  
The Minister responsible for supervision of the work 
of the State Intellectual Property Office shall 
harmonise the Patent Regulations (»Official 
Gazette«, No. 117/07, 3/11, 66/11, 145/12, 85/13 
and 43/17) with the provisions of this Act within 30 
days from the day of the entry into force of this 
Act. 
 
 Article 8  
(1) Administrative procedures instituted by the 
provisions of the Patent Act (»Official Gazette«, No. 173/03, 54/05, 87/05, 76/07, 30/09, 128/10, 49/11 
and 76/13) where the State Intellectual Property 
Office as the first instance authority issued the 
decision until the day of the entry into force of this 
Act shall be completed in accordance with the 
provisions of that Act and the regulations issued 
pursua nt to that Act.  
(2) Boards of Appeal in the field of industrial property rights established and appointed on the 
basis of the Patents Act (»Official Gazette«, No. 
173/03, 54/05, 87/05, 76/07, 30/09, 128/10, 49/11 
and 76/13) shall continue to operate in accordance with the provisions of that Act and the regulations 
issued pursuant to that Act until all the 
administrative procedures referred to in paragraph 
(1) of this Article are completed by reaching final 
decisions, after which they shall cease to operate.  
(3) If, because of dismissal of the president or 
members of the Boards of Appeal referred to in 
paragraph (2) of this Article, it is not possible to 
determine the Board of Appeal to decide on an 
appeal, the procedure of electing or appointing the 
presiden t or necessary number of members of the 
Boards of Appeal can exceptionally be conducted in 
accordance with the provisions of the Patents Act 
(»Official Gazette«, No. 173/03, 54/05, 87/05, 
76/07, 30/09, 128/10, 49/11 and 76/13), for the 
needs of resolving t he case referred to in 
paragraph (1) of this Article.  
 
Article 9  
This Act shall enter into force on the eighth day 
following the day of its publication in the »Official 
Gazette«.