WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SVK/P/4 
20 November 2008 
 (08-5662) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SLOVAK REPUBLIC 
  The present document reproduces the consolidated text
1 of Act No. 517/2007 Coll. on Utility 
Models and on Amendment of Some Acts, as notif ied by the Slovak Republic under Article 63.2 of 
the Agreement (see document IP/N/1/SVK/3). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE SLOVAQUE 
  Le présent document contient le texte consolidé
1 de la Loi n° 517/2007 Coll. sur les modèles 
d'utilité et sur la modification de certaines lois , notifiée par la République slovaque au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/SVK/3). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA ESLOVACA 
 
 En el presente documento se reproduce el texto refundido
1 de la Ley Nº 517/2007 
(recopilación) de modelos de utilidad y de modifi cación de algunas leyes, que la República Eslovaca 
ha notificado en virtud del párrafo 2 del artícul o 63 del Acuerdo (véase el documento IP/N/1/SVK/3). 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SVK/P/4 
Page 2  
 
  Act No. 517/2007 Coll. on Utility Models 
and on Amendment of Some Acts 
 
The National Council of the Slovak Republic has adopted the following Act:  
 
  
Title I 
 
P A R T   I 
BASIC PROVISIONS 
 
Article 1 
 
This Act shall govern legal relations  arising in relation to creation, legal protection and utilisation of a 
technical solution which is a subject-matter of a utility model application or of a utility model.  
 
Article 2 
Definition of terms 
 
For purposes of this Act 
a) biological material shall mean any material  containing genetic information capable of 
reproducing itself or being reproduced in a biological system; 
b) essentially biological process for the production of plants or animals shall be a process 
consisting exclusively of natural phenomena , such as crossbreeding or selection; 
c) chemical substance shall mean any chemical element or any compound of chemical elements 
including any stabilisation additives and incl uding all impurities arisen in a manufacturing 
process;  
d) pharmaceutical substance shall mean any subs tance or composition of substances which 
indicates curative or prophylactic effects in rela tion to human or animal affections, as well as 
any substance or composition of substances whic h can be administered to a human or animal 
to determine a diagnose  or to  regenerate, improve or modify  physiological functions of a 
human or animal;  
e) medical utilisation of a substance or compos ition of substances shall mean methods of 
surgical or therapeutic treatment of the hum an or animal body and diagnostic methods and 
methods of diseases prevention used on a human or animal body;  
f) international application shall be an applica tion filed pursuant to the Patent Co-operation 
Treaty;  
g) utility model owner shall be a legal or a natura l person entered as an owner into the Utility 
Model Register (hereinafter referred to as “Register”). 
 
Article 3 
 
The Industrial Property Office of the Slovak Republic  (hereinafter referred to as “Office”) shall 
enter utility models into the Register.  
 
T e r m s   o f     P r o t e c t i o n 
Article 4 
 
Technical solution, which is new, is a result of an  inventive activity, and is industrially applicable, 
shall be protected as a utility model. 
  IP/N/1/SVK/P/4 
 Page 3 
 
 
  Article 5 
 
(1) According to this Act the following shall not  be deemed to be a technical solution: 
a) discoveries, scientific theories and mathematical methods; 
b) aesthetic creations; 
c) plans, rules and methods for performing ment al acts, playing games or trade activities; 
d) computer programmes; 
e) presentation of information. 
 (2) Subject-matters or activities stated in para graph 1 shall be excluded from utility model 
protection only to extent to which an applicati on of a utility model (hereinafter referred to as 
“application”) relates to these subject-matters or activities as such.  
 
Article 6 
Exceptions to protection 
 
The following cannot be protected by utility model: a) technical solutions commercial exploitation of which would be in cont radiction with public 
order or good manners; prohibition of a techni cal solution exploitation as such shall not be 
considered to be in contradiction  with public  order or good manners within the meaning of 
this provision; 
b) plant and animal varieties; 
c) essentially biological processes for production of plants or animals; 
d) methods of surgical or therapeutic treatment of  human or animal body and diagnostic methods 
and methods of diseases prevention used on a human or animal body;  
e) technical solutions concerning products consis ting of biological material or containing 
biological material or a process by means of which  the biological material is produced, 
processed or used; 
f) methods for production of chemical substances; 
g) methods for production of pharmaceutical substances; and 
h) medical use of substances and compositions of substances.  
 
Article 7 
Novelty 
 (1) A technical solution shall be considered to be new if it does not form a part of state of the art 
in accordance with paragraphs 2 to 4.  
 
(2) State of the art for purposes of this Act shall be  everything made available to the public by 
any means of disclosure before the day from which an applicant for a utility model (hereinafter referred to as “applicant”) enjoys priority right pursuant to Article 34(1).  
 
(3) The content of applications and patent appli cations filed in the Sl ovak Republic with an 
earlier priority right shall be also considered as  state of the art, if they are published in the 
Official Journal of the Industrial Property Offi ce of the Slovak Republic (hereinafter referred 
to as “Journal”) on the day from which the applicant en joys the priority right or after this day.  
This shall also apply to international appli cations with designation for the Slovak Republic; 
publication of an international application sha ll be the publication in the Journal, and for 
European patent applications with designation fo r the Slovak Republic (hereinafter referred to 
as “European patent application”); publication of  a European patent application shall be the 
publication pursuant to Article 93 or Article  153 of the European Patent Convention. 
Confidential patent application sh all be deemed to be published after the expiry of 18 months 
from the day of rise of priority right.  IP/N/1/SVK/P/4 
Page 4  
 
  (4) Disclosure of results of an applicant’s work or his legal predecessor shall not be considered as 
state of the art provided that such disclosure occurred no earlier than six months preceding the filing the application.  
 
Article 8 
Inventive activity 
 
(1) Technical solution shall be considered as a resu lt of an inventive activity if it is not for a 
person skilled in the art obvious from state of the art. 
 
(2) Contents of applications, patent applications, international applications  and European patent 
applications which have not been published by the day from which an applicant enjoys the 
priority right shall not be taken into considera tion in determination of an inventive activity.  
  
Article 9 
Industrial application 
 
Technical solution shall be considered to be indus trially applicable if its subject-matter can be 
produced or used in any branch, particularly in any branch of industry and agriculture.   
R i g h t   t o    u t i l i t y   m o d e l   p r o t e c t i o n    
 
Article 10  
 
(1) An author of a technical solution (hereinafter re ferred to as “author”) shall have the right to 
utility model protection. 
 (2) An author is a person who has created a tec hnical solution by his own creative activity.  
 
(3) Co-authors of a technical solution (hereinafter referred to as “co-authors”) shall have the right 
to utility model protection within extent to whic h they participated in creating of a technical 
solution.  
 
Article 11 
 
(1) If an author has created a technical solution w ithin the framework of fulfilling tasks from an 
employment relationship, similar employment re lationship or member relationship, right to 
utility model protection shall pass to an employer , until parties of this relationship agreed 
otherwise. The right of being an author shall remain unaffected.  
 (2) An author who has created a technical solution pursuant to paragraph 1 shall be obliged to 
inform an employer about this fact in writi ng immediately and at the same time he shall 
submit any materials necessary for assessment of a technical solution.  
 
(3) An employer shall be entitled to exercise right to the utility model protection vis-à-vis an 
author in writing, within the period of three m onths from notification pursuant to paragraph 2. 
 
(4) If an employer fails to exercise right to utility model protection within the period pursuant to 
paragraph 3, this right shall pass back to the au thor. An employer as well as an author shall be 
obliged to preserve confidentiality about a technical solution vis-à-vis third parties. 
  IP/N/1/SVK/P/4 
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  (5) An author, against whom the right to utility model protection pursuant to paragraph 3 has 
been exercised, shall be entitled to an appropr iate remuneration from an employer. Technical 
and economic importance of a technical solu tion and a contribution achievable by its 
exploitation or other application, as well as extent  and contents of a workload of an author 
shall be decisive for determining amount of re muneration. If remuneration fails evidently to 
correspond with the contribution achieved by la ter exploitation or other application of a 
technical solution, an author shall have the right to supplementary compensation.  
 
(6) Rights and obligations pursuant to paragraphs  1 to 5 shall remain unaffected after legal 
relationship between author and employer has ceased.  
 
Article 12 
 
(1) Right to utility model protection except right to the authorship shall belong to legal successors 
of persons stated in Article 10 (1) and (3) and Article 11(1).  
 
(2) An agreement on assignment of right to utility model protection shall be made in writing, 
otherwise it is invalid.  
 
(3) Right to utility model protection shall be tran sferred to another person in cases specified by 
special regulations.   
 
(4) Together with assignment or transfer of right  to utility model protection, which shall be 
executed after filing an application, assignment or transfer of rights conferred by an application shall occur concurrently. Assignme nt or transfer of rights conferred by an 
application shall come into effect vis-à-vis third parties on the day of its entry into the 
Register.  
 
 
P A R T II 
EFFECTS OF UTILITY MODEL  
 
Article 13 
Rights conferred by registration 
 
(1) A utility model owner shall have an exclusive right to exploit a technical solution protected by 
utility model, to prevent third parties from exploita tion of a technical solution protected by utility 
model without his consent, to provide his consent with exploitation of a technical solution 
protected by utility model, to assign a utility mode l to another person or to establish a lien to a 
utility model.  
 
(2) A utility model shall be effective from the day on which an announcement of entry of a utility 
model is published in the Journal.  
 
(3) A reasonable compensation from a person, who has u sed a subject-matter of an application after 
publication of an application, shall belong to an applicant.  Right to reasonable compensation shall be executed only from the day on wh ich effects of a utility model begin.  
 IP/N/1/SVK/P/4 
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  Article 14 
Scope of protection 
 
(1) Scope of protection conferred by utility model sh all be determined by contents of claims. 
Description or drawings shall be used for interpretation of claims in case of any 
uncertainties. 
 (2) Scope of protection conferred by an appli cation shall be preliminarily determined by 
contents of claims for protection published pursu ant to Article 38(4). Scope of preliminary 
protection shall be retroactively determined by claims for utility model protection; this shall 
not apply if there is conferred wider prot ection by utility model than by a published 
application.  
 
Article 15 
Exploitation of utility model 
 
The user of the utility model is a person, who: a) produces, utilises, offers or places on the market , or stores or imports for this purpose the 
product protected by utility model; 
b) utilises the process protected by utility model (her einafter referred to as “protected process”) 
or offers such protected process for utilisation to another person; 
c) produces, utilises, offers or places on the market , or stores or imports for this purpose the 
product directly obtained by the protected process;  identical products shall be deemed to be 
produced by the protected process, until it is proved otherwise; 
d) supplies or offers to supply to a person not  entitled to exploit a utility model any means 
enabling him to carry out a technical solution pr otected by utility model, if a person knows or 
with regard to circumstances he should know that these means are intended or suitable to 
realise a technical solution; this shall not apply if these means are being available on the 
market and the supplier did not instigate the person not entitled to exploit a utility model to 
act contrary to sub-paragraphs a) to c).  
 
Article 16 
Exhaustion of rights  
 
A utility model owner shall not be entitled to pr ohibit third parties to dispose of a product 
protected by utility model after placing the product on the market in the member state of European Union or in the state which is a cont racting party to the Agreement on the European 
Economic Area  by the utility model owner or with his explicit consent. 
 
L i m i t a t i o n   t o   e f f e c t s   o f 
u t i l i t y   m o d e l 
 
Article 17 
 
(1) Right of a utility model owner shall not be exer cised vis-à-vis person who before the right of 
priority has exploited a technical solution protected by utility model or has made appropriate arrangements immediately aiming at exploitation of a technical solution protected by utility 
model independently from an author or owner of a utility model (hereinafter referred to as 
“prior user”) in the territory of the Slovak Republic.  
 (2) Assignment or transfer of right of a prior user for exploitation of a technical solution pursuant 
to paragraph 1 shall be possible exclusively as a part of assignment or transfer of a company 
or its part, within which a tec hnical solution is being used.   IP/N/1/SVK/P/4 
 Page 7 
 
 
  Article 18  
 
(1) Rights of a utility model owner shall not be in fringed if a technical solution is exploited 
a) on board vessels of other states which are contrac ting parties to an international convention or 
parties to the World Trade Organisation, in a body of a vessel, machinery, tackle and other 
accessories, if these vessels temporarily or accidentally enter the territory of the Slovak 
Republic provided that a technical solution is used exclusively for needs of a vessel; 
b) in construction or operation of ai rcrafts or land vehicles of states which are contracting parties 
to an international convention or parties to  the World Trade Organisation or in their 
components or other accessories of these aircrafts or land vehicles if they temporarily or 
accidentally enter the territory of the Slovak Republic; 
c) when conducting activities pursuant to an interna tional convention, if these activities relate to 
an aircraft of a state benefiting from advantages of this convention; 
d) in individual preparation of a medicine in a pharmacy according to a medical prescription or 
in activity related to a medicine prepared in this way; 
e) in an activity conducted privately and for non-commercial purposes; 
f) in an activity conducted for experimental purposes. 
 (2) Persons using a technical solution pursuant to paragraph 1(d) to (f) shall not be considered to 
be persons using a technical so lution pursuant to Article 15(d). 
 
Article 19 
Co-ownership of utility model 
 
(1) Provisions of a special regulation shall apply mutatis mutandis  to regulation of relationships 
among utility model co-owners, unless this Act provides otherwise.  
 
(2) Each of utility model co-owners shall have a right to exploit a utility model unless co-owners 
have agreed otherwise.  
 
(3) The consent of all utility model co-owners sha ll be required to conclude a licence contract 
validly, unless it is agreed otherwise.  
 
(4) If a utility model co-owner has no legal successor,  after co-owner’s death or forfeiture of a 
co-owner, his proportionate ownership shall be transferred to other utility model co-owners in 
a rate appropriate to thei r proportionate ownership.  
 
Article 20 
Assignment of utility model  
 
(1) A utility model shall be assigned to another person by an agreement made in writing, 
otherwise it is invalid.  
 
(2) An assignment of a utility model shall have legal effects vis-à-vis third parties from the day 
of entry into the Register. Rights of third parties acquired before the day of entry of utility model assignment into the Register shall remain unaffected.  
 
Article 21 
Transfer of utility model 
 
(1) A utility model shall be transferred to a new owne r in cases stipulated by special regulations.  
 IP/N/1/SVK/P/4 
Page 8  
 
  (2) Transfer of a utility model shall have legal effects vis-à-vis third parties from the day of entry 
into the Register. Rights of third parties acquire d before the day of the utility model transfer 
shall remain unaffected.  
 
Article 22 
Right of lien 
 
(1) The right of lien on a utility model may be established.  
 (2) Provisions of a special regulation shall be applied mutatis mutandis  to the right of lien and to 
relations between pledge cr editor and pledge debtor.  
 
(3) An agreement on establishing the right of lien shall be made in writing, otherwise it is invalid.  
 
(4) The contractual right of lien shall begin on the day of entry into the Register.  
 
Article 23 
Licence agreement 
 
(1) The licence agreement (hereinafter referred to  as “contractual licence”) shall grant a consent 
with exploitation of a technical solution protected by utility model.  
 
(2) The rise, lapse and enforcement of a right fro m the contractual licence shall be governed by 
provisions of a special regulation.   
 
(3) The contractual licence shall have legal effects vis-à-vis third parties from the day of entry 
into the Register. The granted licence sha ll be considered non-exclusive, unless the 
contractual licence stipulates otherwise. 
 
(4) The assignment or transfer of a right of a contractual licence holder shall be possible 
exclusively as a part of an assignment or transfer of a company or its part, within which the utility model is being exploited on basis of  a contractual licence, unless the agreement 
stipulates otherwise.  
 
(5) In case of infringement or jeopa rdising of rights protected by this Act, the contractual licence 
holder shall have same rights as a utility model owner. 
 
C o m p u l s o r y   l i c e n c e 
 
Article 24 
 
(1) On request the court is entitled to grant a compulsory licence to any person who proves a 
capability to exploit a technical solution protect ed by utility model in the territory of the 
Slovak Republic, provided that 
a) four years have expired from the day of filing an application or three years from enter 
of a utility model into the Register, where the time limit, which expires later, shall apply; 
b) person who requests granting the compulsory licence before filing request has made 
to utility model owner a proper offer for c oncluding a licence agreement, where this 
offer has not been accepted by utility mode l owner within three months from filing 
the offer; 
c) technical solution is not being exploited or  is being exploited insufficiently in the 
territory of the Slovak Republic without an appropriate reason by a utility model  IP/N/1/SVK/P/4 
 Page 9 
 
 
  owner whilst the subject of a utility model protection is not being supplied to the 
market in the Slovak Republic sufficiently by the utility model owner; non-existence 
of an appropriate reason shall be presupposed unless proved otherwise.  
 
(2) Compulsory licence may be granted only as a non-exclusive licence, whilst its duration and 
scope shall be limited to the purpose for which it  is granted provided that needs of domestic 
market are satisfied preferentially.  
 (3) Notwithstanding paragraph 1(a) and (b) com pulsory licence may be granted in case of 
serious public interest menace. A utility model owner shall be notified about this fact.  
 
(4) An assignment or transfer of right of a compulsory licence holder shall be possible 
exclusively as a part of an assignment or transfer of a company or its part within which a technical solution is being exploited on of a compulsory licence.  
 
(5) The compulsory licence holder is entitled to  waive rights from the compulsory licence by 
written notice delivered to the Office. The waiver  of rights shall come into effect from the 
day of delivery of a notice  to the Office or a later day, which is stated in the notice as a day 
from which a compulsory licence holder waives his rights.  
 
Article 25 
 
(1) By granting a compulsory licence the right  of a utility model holder to an adequate 
compensation shall not be affected.  
 
(2) In case of substantial change of circumstances, which led to granting of a compulsory licence, 
the court is entitled, on request of one of parties to the licence relation, to reverse a decision 
on granting the compulsory licence, provided that  the repeated rising of reasons for granting 
the compulsory licence is not presumable or ri ghts from the compulsory licence are not being 
enforced during one year.  
 
(3) The Office shall enter the legal decision on gr anting and revocation of a compulsory licence 
into the Register without delay.  
 
Article 26 
Validity and duration of utility model  
 
(1) A utility model shall be valid four years from the day of filing an application in accordance 
with Article 33.  
 (2) The Office may extend utility model validity on  request of a utility model owner or pledge 
creditor twice always for another three years up to total term of protection ten years from the 
day of filing the application.  
 
(3) If a utility model has been entered into the Register after the period in accordance of 
paragraph 1 expired, the Office shall extend u tility model validity without request of a utility 
model owner.  
 
(4) Extension of utility model validity can be requested  at the earliest during the last year of its 
validity. If request for utility model validity extension has not been filed during the last year of its validity at the latest on the day which is identical with the day of filing an application, 
the request for utility model validity extensi on shall be deemed not to be filed.  
 IP/N/1/SVK/P/4 
Page 10  
 
  (5) If request for utility model validit y extension is not filed in accordance with paragraph 4, a 
utility model owner or a pledge creditor shall be entitled to file the request within the 
additional period of six months from the day on  which the request was supposed to be filed 
in accordance with paragraph 4. If  request fo r utility model validity ex tension is not filed 
within this additional period, the utility model shall lapse on the day, when the request for 
utility model validity extension was supposed at the latest to be filed.  
 
(6) Rights of third parties, who, after the inefficient expiry of a period for filing the request, 
started to exploit the technical solution in a good faith or have made evident preparations for 
such exploitation, shall remain unaffected by the extension of the validity performed on the 
basis of the request for utility model validit y extension filed in an additional period.  
 
(7) The Office shall extent the utility model validit y also on request of a party to the court 
proceedings, subject-matter of which is a right to  utility model protection, provided that the 
fact, that the court proceedings on the right to utility model protection is in the course 
pursuant to Article 49(4), has been entered into the Register.  
 
Article 27 
Lapse of utility model 
 
(1) A utility model shall lapse 
a) by expiry of a utility model term; 
b) from the day of effectiveness of abandonment of a utility model.  
 
(2) Abandonment of a utility model pursuant to paragraph 1(b) shall come into effect from the 
day of delivery the notice on abandonment to the Office or from the day, which is stated in 
the notice as the day, on which a utility model owner abandons a utility model. Partial 
abandonment of a utility model is not admissible.  
 (3) Abandonment of a utility model which affects third parties rights entered into the Register 
shall come into effect only when the written consent of a party, whose rights and justified 
interests could be affected by lapse of a utility model, is submitted. The same shall apply in 
case of existence of a litigation entered into the Re gister, the subject-matter of which is a right 
to utility model protection.  
 
Article 28 
Infringement of rights 
 
(1) In case of infringement of rights protected by this Act or jeopardising of these rights, a 
person, whose right has been infringed or jeopard ised, shall be entitled to claim prohibition of 
infringement or jeopardising of rights and to eliminate consequences of infringement.  
 (2) If a damage has been caused by infringement of  rights pursuant to paragraph 1, the aggrieved 
party shall have the right to compensation of  actual damage including profit lost. If a non-
pecuniary injury has been caused by infringement of rights pursuant to paragraph 1 or by jeopardising of these rights, the aggrieved party shall have right to adequate satisfaction, 
which can be in form of pecuniary consideration.  
 
Article 29 
Right to information 
 
(1) A utility model holder may request in case of infringement or jeopardising of his rights 
protected by this Act that a person infringing or jeopardising his rights provided him information  IP/N/1/SVK/P/4 
 Page 11 
 
 
  related to the origin of a product infringing rights pursuant to this Act and to circumstances of its 
placing on the market.   (2)  Information pursuant to para graph 1 shall contain particularly 
       a) name and surname or business name or name and place of permanent residence or place of 
business, or place of business of a producer, processer, storekeeper, distributor, provider, dealer 
and other previous holders of a product;        b) indications on produced, processed, pr ovided or ordered quantity and price of relevant 
products.  
(3) To provide information pursuant to paragraphs  1 and 2 shall be obliged also a person who 
a) has in possession products infringi ng rights pursuant to this Act; 
b) exploits services infringing rights pursuant to this Act; 
c) provides services exploited in activities relate d to infringement of rights pursuant to 
this Act; or  
d) was indicated by a person mentioned in sub-paragraphs a) to c) as a person 
participating in a production, processing or  distribution of pr oducts or providing 
services infringing rights pursuant to this Act.  
 
Article 30 
Protection of rights 
 
(1) Disputes on rights pursuant to this Act shall be  heard and ruled by courts unless this Act states 
otherwise.   (2) The court shall order on request that products, ma terials or instruments by means of which rights 
are infringed or jeopardised were particularly 
       a) withdrawn from a trade network;        b) definitely removed from a trade network;        c) secured in other way preventing further infringement or jeopardising of right;  
       d) destroyed in a suitable way.   
(3) Provisions pursuant to paragraph 2 shall be pe rformed at expenses of a person who infringes or 
jeopardises rights protected by this Act, unless the u nusual circumstances shall not substantiate other 
procedure.   (4) Request pursuant to paragraph 2(d) in the part related to process of destruction shall not be binding 
for the court.  
 (5) The court shall not confer the right to prov ide information pursuant to Article 29, if the 
seriousness of jeopardising or infringement of a right was inadequate to the seriousness of the 
consequences resulting from duty imposed in such way.   
Article 31 
Precaution  
 
(1) In protection of rights in accordance with this  Act the court may impose by precaution same 
obligations as in the decision on the merit if any delay could cause to entitled person a hardly 
reclaimable pecuniary or non-pecuniary injury.  
 (2) Within the decision on precaution the court may, also without request, impose a duty to a 
requester to pay a deposit of an adequate amount or  to implicate that the decision comes into force 
by execution of a duty. The court shall take into account, within its deciding on the amount of IP/N/1/SVK/P/4 
Page 12  
 
  warranty deposit, the seriousness of a pecuniary or  non-pecuniary injury which can occur to the 
adverse party as well as assets of the requester therewith that imposing the duty to pay a deposit shall not be the substantial impediment  of efficient application of law.  
 (3) The court, which ordered a precaution, may on request decide on giving the warranty deposit over 
to the adverse party as a compensation of pecuni ary or non-pecuniary in jury in finance caused 
directly by execution of precaution if this precaution expired or was discharged for some other reason than request on the merit was complied or because the right of a requester was met.  
 (4) If within the period of six months from detecti on of injury occurrence pursuant to paragraph 3 
compensation or satisfaction is not applied at the court or an agreement on using the warranty 
deposit between parties is not concluded, th e court shall refund the warranty deposit. 
 
P A R T   III 
PROCEEDINGS BEFORE THE OFFICE 
 
Article 32 
Application 
 
(1) Entry of a utility model into the Register shall be  requested by an application filed with the Office.  
 
(2) Only one technical solution or a group of tec hnical solutions which are interconnected to create a 
single technical concept may be a subject-matter of the application.   (3) A technical solution shall be described and explai ned in an application clearly and completely so 
that it can be carried out by a person skilled in the art.  
 
(4) Application shall contain        a) request for entry into the Register of utility models with stating the name of a utility model; 
      b) description of a technical solution, abstract and where appropriate drawings;       c) at least one claim for protection;       d) identification data of an applicant or co-applicant; 
      e) identification data of an author or co-authors; 
      f) document on acquiring the right to utility m odel protection, if an applicant is not an author.  
 
Article 33 
Filing date of application 
 
(1) Filing date of an application shall be a de livery day or a day of filing amendment which 
contains at least 
a) data indicating an apparent intention  of  an applicant to file an application; 
b) data allowing the identification of an ap plicant and contact with an applicant; 
c) part which appears to be a description. 
 
(2) Obligation of an applicant to execute the filing in an official language pursuant to Article 
58(8) shall not be applied for purpose of determ ination the filing day of an application in 
relation to the part of filing pursuant to paragraph 1(c).  
 
Article 34 
Priority right 
 
(1) Priority right for an applicant shall be established 
a) on filing date of an application;  IP/N/1/SVK/P/4 
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  b) on priority date in accordance with an international convention following from the 
first application, patent application, author’s certificate or certificate on utility with the identical subject-matter. 
 
(2) Priority right pursuant to paragraph 1(b) shall be applied from the first application, patent 
application, author’s certificate or certificate on utility with the identical subject-matter filed 
in a state or in relation to a state, which is a contractual party to an in ternational convention or 
which is a member of the World Trade Organi sation. Otherwise this right may be applied 
only under the condition of reciprocity.  
 
(3) An applicant shall apply the priority right pursu ant to paragraph 1(b) in an application and 
within the period of three months from the day of its filing he shall prove this right by a 
priority right document.  
 
(4) If an applicant fails to prove the priority righ t properly and in due time in accordance with 
paragraph 3, the Office shall grant priority right on basis of a reasoned request for an 
additional recognition of a priority right document, provided that 
a) request for issue of a priority right doc ument has been filed with a competent 
authority at the latest on the filing date of an application in the Slovak Republic pursuant to Article 33; 
b) request for an additional recognition of a priority right document together with a 
priority right document was filed within 30 days from delivery day of a priority right 
document to the applicant.  
 
(5) The Office may invite an applicant to submit a tr anslation of a priority right document into 
official language.  
 
(6) The Office shall not take into consideration an  application of priority right and proving 
priority right which fails to meet conditions in  accordance with this provision. This fact shall 
be communicated to an applicant. 
 
(7) The Office shall issue a document certifying priority right following the application on 
request of an applicant or a utility model holder.  
 
Article 35 
Deflection from patent application 
or from European patent application  
 
(1) If an applicant requested granting a patent in th e Slovak Republic prior to filing an application 
with the identical subject-matter, he may with  filing an application request conferring the 
filing date, where appropriate also priority ri ght from this patent application or European 
patent application. The Office shall confer the filing date for an application, where 
appropriate also the priority right from this pate nt application or European patent application, 
if an application is filed within two mont hs from delivery of decision on this patent 
application or European patent a pplication, at the latest within ten years from filing this patent 
application or European patent application.  
 (2) An applicant applying the right pursuant to pa ragraph 1 is obliged to submit an equivalent 
document of a patent application or European pate nt application, the filing date or eventually 
the priority right of which he is requesting, w ithin the period of three months from filing the 
application; otherwise it shall not be taken into consideration.  
 IP/N/1/SVK/P/4 
Page 14  
 
  Article 36 
Conversion of European patent application 
 
(1) The Office shall begin proceedings on an applica tion in accordance with the third part of this 
Act based on request of an applicant of Europ ean patent application for conversion to an 
application (hereinafter referred to as “conve rsion”) filed pursuant to Article 135 of the 
European Patent Convention.  
 (2) An applicant shall be obliged to submit transl ation of a European patent application into 
official language within three months on basis of invitation of the Office. 
 
(3) In case that request for conversion is not file d within three months from the day, when a 
European patent application was withdrawn or when a notice that a European patent 
application is deemed to be withdrawn, or  a decision on refusal of a European patent 
application or decision on revocation of a Europ ean patent was delivered, an applicant shall 
lose priority rights conferred by European patent application as filed.  
 
(4) If request for conversion has been filed in c ontradiction with Articles 135 and 137 of the 
European Patent Convention, the Office shall refuse request for conversion.  
  
Article 37 
Interruption of application proceedings 
 
(1) The Office shall interrupt the application proceedings, with exception of application 
publication, on request of a party to court pro ceedings, subject of which is a right to utility 
model protection, supported with an equivalent  document of submission to the court certified 
by the court. 
 (2) Time limits in accordance with this Act shall be stopped during interruption of proceedings. 
 
(3) When decision comes into effect, by which dispute on utility model protection has been 
decided, and after eventual transfer the Office shall continue in proceedings interrupted in 
accordance with paragraph 1.  
 
Article 38 
Examination and publication of application 
 
(1) If an application fails to meet conditions pursuan t to Article 32(2) and (4), the Office shall 
invite an applicant to correct irregularities in a specified time limit. If an applicant fails to 
correct irregularities, the Office shall suspend proceedings on an application.  
 (2) If a subject-matter of an application is not cons idered pursuant to Article 5 to be a technical 
solution or is pursuant to Article 6 excluded from the protection, eventually if a subject-matter 
of an application apparently fails to meet the c ondition pursuant to Article 9, or an application 
fails to meet the condition pursuant to Article 32(3), the Office shall refuse the application. 
Before the application is refused, the Office sha ll enable the applicant to respond to reasons 
for refusal of the application.  
 
(3) In case of doubts, the Office shall invite an app licant to prove utility of an application subject-
matter by its demonstration or in other suitable manner. If an applicant fails to prove utility or 
fails to comply with the invitation, the appli cation subject-matter shall be deemed not to be 
utilisable.   IP/N/1/SVK/P/4 
 Page 15 
 
 
  (4) If proceedings on an application have not been suspended pursuant to paragraph 1 or if an 
application has not been refused pursuant to pa ragraph 2, the Office shall perform a research 
on state of the art (hereinafter referred to as “research”) on an application subject-matter. The research result shall be communicated to an a pplicant, an application together with the 
research result shall be published and publica tion shall be announced in the Journal.  
 
(5) The Office shall delay an application publication on request of an applicant filed within the 
period of three months from the filing date of the application, at the latest up to 15 months from the filing date of an application.  
 
Article 39 
Amendment and division of application 
 
(1) An applicant shall be entitled to amend an a pplication in the course of proceedings on the 
application; amendments and changes shall not exceed the scope of the application as filed.  
 
(2) An applicant is entitled to divide an application pursuant to Article 43 up to the time of entry 
of a utility model into the Register. The Office  shall confer the filing date, eventually the 
priority right from the application as filed, to the divisional applications, if they shall not 
exceed its scope.  
 
O p p o s i t i o n   t o    e n t r y   i n t o  
t h e   R e g i s t e r  
 
Article 40 
 
(1) Any person is entitled to file opposition against en try of a utility model into the Register with 
the Office after publication of an application w ithin three months from this publication for a 
reason that a subject-matter of an application fa ils to meet conditions of protection pursuant to 
Articles 4 to 6 or that the application fails to meet a condition pursuant to Article 32(3).  
 (2) Oppositions shall contain legal and factual st atement of reasons as well as the evidence, 
eventually indication of the evidence, submitted by the opposer. 
 
Article 41 
 
(1) The Office shall examine whether oppositions ha ve been filed within the time limit in 
accordance to Article 40(1) and contain statement of reasons in accordance with Article 
40(2).  
 (2) If oppositions have not been filed pursuant to Article 40 or an opposer shall not submit 
indicated evidence within a specified time limit on an invitation of the Office, the Office shall 
suspend proceedings on oppositions.  
 
(3)  The Office shall inform an applicant about oppositions submitted pursuant to Article 40, 
proceedings on which have not been suspended pur suant to paragraph 2, and shall invite him 
to respond within a specified time limit.  
 
(4) If an applicant fails to respond to oppositions  within a specified time limit pursuant to 
paragraph 3, the Office shall suspe nd proceedings on an application.  
 IP/N/1/SVK/P/4 
Page 16  
 
  (5) If it is not possible to decide on basis of writte n submissions of an opposer and an applicant, 
the Office shall prescribe oral hearing. Herew ith the Office shall deliver an applicant’s 
response to oppositions to an opposer.  
 
(6) The Office is entitled to continue with proceed ings on oppositions and to decide on the merit 
also in case, when the invited party does not participate in the oral hearing.  
 
(7) Written execution of a decision pursuant to paragr aph 2 shall be delivered by the Office to an 
opposer and written execution of a decision pursuant to paragraph 4 shall by delivered by the Office to an applicant and opposer.  
 
(8) The Office shall suspend proceedings on oppositi ons, if a reason, for which an opposition was 
filed, has lapsed. The decision on suspension of  proceedings on oppositions shall be delivered 
to an applicant and an opposer by the Office.  
 
Article 42 
 
(1) The Office shall examine in extent of filed oppositions, whether the subject-matter of an 
application meets conditions of a protection pursuant to Articles 4 to 6 or whether an application meets the condition pursuant to Article  32(3), on basis of oppositions, to which an 
applicant have responded. 
 
(2) If the Office finds out in proceedings pursuant to paragraph 1 on basis of evidence exercised 
on request of a party that 
 
a) subject-matter of an application fails to meet conditions of protection pursuant to 
Articles 4 to 6 completely or partially or  an application fails to meet a condition 
pursuant to Article 32(3), the Office shall comply with oppositions in a relevant extent and the application shall be re fused completely or partially; or 
b) conditions pursuant to Articl es 4 to 6 and Article 32(3) are met, oppositions shall be 
refused. 
 
(3) The Office shall deliver the decision pursuant to paragraph 2 to an applicant and to an 
opposer.  
 
Article 43 
Entry of utility model into the Register 
 
(1) If proceedings on an application have not been  suspended pursuant to Article 38(1) or an 
application has not been refused pursuant to Article 38(2), oppositions against entry of a 
utility model into the Register pursuant to Article 40 have not b een filed or oppositions 
against entry of a utility model into the Regi ster have been refused pursuant to Article 
42(2)b, or proceedings on oppositions have been suspended, the Office shall enter the utility 
model into the Register and an applicant shall become a utility model owner.  
 (2) The Office shall issue a certificate on entry of a utility model into the Register to an owner 
and entry of a utility model shall be announced in the Journal.  
 
(3) If same applicant files several applications with  an identical subject-matter, only one utility 
model can be registered for this applicant.  
  IP/N/1/SVK/P/4 
 Page 17 
 
 
  C a n c e l l a t i o n   o f    u t i l i t y    m o d e l  
 
Article 44 
 
(1) The Office shall cancel a utility model (herei nafter referred to as “cancellation”) from the 
Register on request of a third party, if 
 
a) subject-matter of a utility model is not suitable for protection pursuant to Articles 4 to 
6; 
b) applicant was a person, who was not entitled to utility model protection pursuant to 
Article 10(1), Article 10(3) or Article 11(1); 
c) application fails to meet cond ition pursuant to Article 32(2); 
d) subject-matter of a utility model extends the content of an application as filed; 
e) several utility models with identical subject -matter have been registered for same 
applicant; 
f) conditions for entry of a utilit y model into the Register in accordance with regulations 
valid in the time of its registration have not been met. 
 
(2) The Office may cancel a utility model from the Register ex officio  pursuant to paragraph 1(c) 
to (e) or if a subject-matter of an application is not apparently suitable for protection pursuant 
to Articles 5, 6 and 9 or an application faile d to meet condition pursuant to Article 32(3). 
 
(3) Cancellation shall have same eff ects as though a utility model h as never been entered into the 
Register.  
 
(4) A utility model may be also cancelled after lapse of a utility model pursuant to Article 27, if a 
proposer proves legal interest.  
 
(5) If reasons for cancellation refer to a utility model partially, the utility model shall be cancelled 
from the Register only in the extent adequate to recognised reasons by amendment of claims for protection, eventually also of a description.  
 
(6) The Office may cancel a utility model from the Re gister completely or partially on request of 
its owner irrespective of existence of reasons pursuant to paragraph 1;  for partial cancellation 
on request of an owner of a utility model paragraph 5 shall be used mutatis mutandis.  
 
Article 45 
 
(1) Request for cancellation shall contain legal and factual statement of reasons and concurrently 
evidence, submitted by a requester for cance llation and on which the request for cancellation 
is based, have to be submitted or indicated. Ex tension or amendment of such request is not 
admissible; such extension or amendment shall not be taken into consideration by the Office 
within proceedings and deciding on merit.  
 
(2) 
If request for cancellation shall not contain statem ent of reasons pursuant  to paragraph 1 or a 
requester shall not submit indicated evidence on an  invitation of the Office within a specified 
time limit, the Office shall suspend proceedings  on request for cancellation. The requester 
shall be notified in the invitation of consequences of proceedings suspension. 
 
(3) The Office shall invite a utility model owner to  respond to request for cancellation within a 
specified time limit.  
 IP/N/1/SVK/P/4 
Page 18  
 
  (4) If a utility model owner fails to respond within a specified time limit, the Office shall cancel 
the utility model from the Register.  
 
(5) If it is not possible to decide on basis of written filing of a requester for cancellation and a 
utility model owner, the Office shall appoint a date of the oral hearing. The Office also 
delivers response of a utility model owner on request for cancellation to a requester for the 
cancellation.  
 
(6) The Office shall continue with proceedings and decide on merit also in case, if a party invited 
in due form shall not participate the oral hearing.  
 
Article 46 
 
It is necessary to pay a caution of SKK 2.500 together  with request for cancellation. If it is proved that 
request for cancellation has been eligible, th e Office shall refund the caution without delay. 
 
Article 47  
Transfer   
 
(1) The Office shall record an applicant as a utility model owner if 
a) it finds out from valid decision of a court that the person registered as a utility model 
owner has not been entitled to utility mode l protection in accordance with Article 
10(1), Article 10(3) or Article 11(1); 
b) request for transfer has been filed by a pe rson who is pursuant to the valid decision of 
a court entitled to utility model prot ection or his successor in title; and 
c) request for a transfer has been delivered within a period of three months from the 
validity date of the decision of the court.  
 
(2) Valid decision of a court in accordance with para graph 1(a) shall be attached to request.  
 (3) If request for transfer fails to meet conditions pursuant to paragraph 1(a) and (b) or paragraph 
2, the Office shall refuse request for transfer ; before the decision on refusing request for 
transfer is made, the Office sh all enable the requester to respond to detected reasons on basis 
of which request for transfer is to be refused.  
 
(4) If a person, to whom the right for utility model protection is granted in accordance with valid 
decision of the court, or his successor in title, fails  to file request for tr ansfer within the time 
limit pursuant to paragraph 1(c), the Office shall cancel the utility model from the Register ex 
officio .  
 
(5) Paragraphs 1 and 2 shall be applied mutatis mutandis  to forfeiture of rights from an 
application and their transfer to an entitled person . If no transfer of rights from an application 
pursuant to paragraph 4 is executed, th e Office shall refuse an application. 
 
Article 48 
Determination proceedings 
 
The Office shall determine on request whether the subject-matter described in request falls within 
the scope of protection of a certain utility model.  
  IP/N/1/SVK/P/4 
 Page 19 
 
 
  Article 49 
Registration of licence, right of lien, assignment or transfer  
of utility model and court litigation into the Register  
 
(1) If request for registration of licence, right of lien, assignment or transfer of utility model 
(hereinafter referred to as “request for regist ration of right”) or court litigation into the 
Register fails to contain requirements stipulat ed in a generally binding regulation (Article 59), 
the Office shall invite a requester to correct i rregularities within a specified time limit. If a 
requester fails to correct irregularities within a specified time limit, the Office shall suspend 
proceedings on request. The requester shall be notified about the consequence of proceedings 
suspension in the invitation.  
  (2) In case of any doubts, the Office is entitled to  require filing verified copy or eventually 
original of a document proving acquiring a ri ght or other document proving a change of a 
utility model owner.  
 
(3) Paragraphs 1 and 2 shall not apply to a compul sory licence entered into the Register by the 
Office ex officio  after delivery of a court’s valid decision on its grant.  
 
(4) On basis of request of a party to court proceedi ngs, subject-matter of which is a right to utility 
model protection, furnished with a counterpart of filing with the court authorised by the court, 
the Office shall enter into the Register the fact that the court proceedings on a right to utility 
model protection is pending.  
 
Article 50 
Further processing 
 
(1) On request of a party to proceedings on extension of a time limit for performing an act set by 
the Office, filed before expiry of such time li mit, the Office shall be entitled to extend the 
time limit.  
 (2) If a party to proceedings before the Office faile d to comply with the time limit for performing 
the act set by the Office, he shall be entitled to  ask the Office for further proceedings and at 
the same time to perform the omitted act no later than two months from delivery of a decision 
of the Office issued as a consequence of fa ilure to comply with the time limit.  
 
(3) Request shall be refused pursuant to paragraphs  1 or 2 in case of time limit pursuant to Article 
41(2).  
 
(4) Request shall be refused pursuant to paragraph 2 in case of failure to comply with time limits 
pursuant to Article 41(3) and Article 45(2) and (3). 
 
(5) The Office shall refuse request for extension of time limit or request for further proceedings 
which fails to comply with conditions pursuant to paragraphs 1 or 2 or shall be refused 
pursuant to paragraphs 3 or 4; before the re quest is refused the Office shall enable the 
requester to respond to ascertained reasons on basi s of which the request is to be refused.  
 
(6) If the Office satisfies request for further proceed ings, legal effects of a decision issued as a 
consequence of failure to comply with the time limit shall cease or shall not arise.  
 
(7) If the Office fails to decide on request pursuan t to paragraph 1 within two months from the 
date of delivery, request shall be deemed to be satisfied.  
 IP/N/1/SVK/P/4 
Page 20  
 
  Article 52 
Restitutio in integrum 
 
(1) If a party to proceedings before the Offi ce despite of a due attention required by 
circumstances fails to comply with the legal ti me limit or the time limit for performing an act 
set by the Office whereas the consequence of failure to perform this act is proceedings 
suspension or forfeiture of other right, he is entitled to ask the Office for restitutio in 
integrum  and at the same time to perform the omitted act within two months from the 
elimination of the impediment causing the failure of performing the act at the  latest within 
12 months from expiry of non-complied time limit and in case of failure to comply with the 
time limit for filing request for extension of u tility model validity at the latest within 12 
months from expiry of non-complied additi onal time limit pursuant to Article 26(5).  
 (2) Party to proceedings is obliged to sustain re quest pursuant to paragraph 1, to state facts 
preventing performing the act and date of impe diment elimination, which caused the failure 
of performing the act. The Office shall not take  into consideration statements submitted after 
time limits pursuant to paragraph 1 expired.  
 
(3) In case of reasonable doubts about veracity of a statement pursuant to paragraph 2, the Office 
is entitled to invite the requester to prove his statements.  
 
(4) Request for restitutio in integrum shall not be satisfied in case of failure to comply with time 
limits for 
a) filing request for further proceedings in acco rdance with Article 50(2) and request for 
restitutio in integrum  in accordance with paragraph 1; 
b) applying and establishing priority ri ght in accordance with Article 34; 
c) filing request for application publicati on delay in accordance with Article 38(5); 
d) lodging oppositions in accordance with Article 40(1); 
e) filing remedy in proceedings before the Office in accordance with Article 53(1); 
f) performing acts in accordance with Article 41( 2) and (3) and Article 45(2) and (3).  
 
(5) The Office shall refuse request for restitutio in integrum  which fails to comply with 
conditions pursuant to paragra phs 1 and 2 or it is not possible to be satisfied pursuant to 
paragraph 4, or the requester fa ils to prove his statements pur suant to paragraph 3; before 
decision on request is made the Office shall enable the requester to respond to ascertained 
reasons on basis of which request is to be refused. 
 
(6) If the Office satisfies request for restitutio in integrum , legal effects of a decision issued as a 
consequence of failure to comply with the time limit shall cease or shall not arise.  
 
(7) Third party who has exploited technical solution, which is subject-matter of an application or 
of a utility model, within the territory of the Slovak Republic in a good faith from validity of 
a decision issued as a consequence of failure to comply with a time limit after lapse of this 
decision legal effects pursuant to paragraph 6, or has made evident preparation directly 
focusing on exploitation of such technical solu tion, is entitled to exploit a technical solution 
within the frame of his business activity without an obligation to pay for exploitation of the 
technical solution.  
 
(8) Assignment or transfer of right of entitle d user pursuant to paragraph 7 is possible 
exclusively as a part of assignment or transfer of a company or its part, within which a technical solution is being used. 
  IP/N/1/SVK/P/4 
 Page 21 
 
 
  Article 52 
Grounds for decision 
 
(1) Party to proceedings before the Office shall be obliged to submit or propose evidence to 
support his statements.  
 
(2) The Office shall decide on basis of facts ascer tained from exercised evidence submitted or 
proposed by parties to proceedings. 
 
Article 53   
Appeal 
 
(1) An appeal against decision of  the Office may be lodged within 30 days from delivery of 
decision; an appeal lodged in due  time shall have deferring effect. 
 
(2) The Office shall be bound by scope of an appeal in deciding on it; this shall not apply 
a) for matters in which proceedings can be started ex officio ; 
b) for matters of joint rights or obligations c oncerning several parties to the proceedings 
on one side.  
 
(3) Filing an appeal shall not be admissible  against decision by which 
a) request for further proceedings or for restitutio in integrum  has been satisfied; 
b) proceedings have been suspended in accordance with Article 58(7).  
 
Article 54 
Inspection of file and data accessibility  
 
(1) Parties to proceedings shall be entitled to in spect files, to make extracts and copies. 
 (2) Before publishing an application pursuant to Artic le 38(4) the Office is entitled to notify third 
parties without consent of an applicant only data  who is an author, who is an applicant, a 
name of a utility model, file number of an application and data a bout priority right. 
 
(3) On basis of request before publishing an applica tion pursuant to Article 38(4) the Office shall 
enable a utility model owner, a patent owner,  an applicant or an applicant of a patent 
application to inspect a file concerning an appli cation, provided that this  application refers to 
a utility model or patent of this owner or to an application or patent application of this 
applicant.  
 
(4) After publishing an application pursuant to Article  38(4) the Office shall enable third party on 
request to inspect file relating the application or utility model.  
 
(5) Right to a file inspection shall include right for making photocopies on payment for costs 
material relating to making copies and their delivery.  
 
(6)
 On written request of an author stated in an application pursuant to Article 32(4) the Office 
shall not make accessible his identification data to third parties, particularly by publishing an 
application, by notice on utility model registration, by issuing a certificate on entry of a utility 
model into the Register and by file inspection.  
 
(7) On written request and by proving legal interest  the Office shall notify an applicant whether 
the person identified by him is or is not stated in the application as an author.  
 IP/N/1/SVK/P/4 
Page 22  
 
  (8) From right to file inspection there are excluded 
a) parts of a file containing confident inform ation, publication of which is not necessary 
for securing right to information of third parties including parties to proceedings; 
b) parts of file containing business secret on written request of a utility model applicant 
or a utility model owner; and  
c) minute books and parts of a file containing auxiliary notes or decision proposals, 
assessments or viewpoints.  
 
Article 55 
Register 
 
(1) The Office shall keep the Register in which deci sive data on applications  and utility models are 
entered. Any person is entitled to inspect the Register.  
 (2) Data entered into the Register shall be consider ed valid unless a decision of a relevant authority 
states otherwise.  
 
(3) Changes in data entered into the Register en suing from valid and enforceable decision of a 
relevant authority shall be entere d without delay into the Register by the Office after delivery of 
decision with a validity clause.  
 
(4) Entry of data and fact ensuing from law or fro m decision of a relevant authority pursuant to 
paragraph 3 shall not be considered a decision i ssued in proceedings in accordance with general 
regulation on administrative action.  
 
Article 56 
Official Journal 
 
The Office shall issue an Official Journal in which facts concerning applicati ons and utility models as 
well as official notification and decision of a pr inciple character are published and notified.  
 
Article 57 
International application 
 
(1) An applicant of an international application requ esting entry of a utility model into the Register 
in the Slovak Republic shall be obliged to subm it this international application to the Office 
within a period of 31 months from the priority date  and to file its translation into the official 
language.  
 (2) On request of an applicant provided that conditio ns pursuant to paragraph 1 have been met the 
Office is entitled to start proceedings on an inte rnational application ev en before expiry of 
periods laid down in paragraph 1.  
 
PART IV 
COMMON, AUTHORISING, TRANSITIONAL 
AND REVOCATION PROVISIONS 
 
Article 58 
Common provisions 
 
(1) Parties with permanent residence or seat in a territo ry of a member state of an international treaty 
or in a territory of a state which is a member to the World Trade Organisation shall have same 
rights and obligations as national applicants or u tility model owners; if a state in which parties  IP/N/1/SVK/P/4 
 Page 23 
 
 
  have permanent residence or seat is not a member state of an international treaty or a member of 
the World Trade Organisation, rights and oblig ations in accordance with this Act may be 
conferred only under condition of mutuality.  
 (2) Parties without permanent residence or seat in  the Slovak Republic shall be represented in 
proceedings before the Office by an authorised  representative with exception of acts prior and 
related to determination of the filing date in accordance with Article 33.  
 
(3) The provision of paragraph 2 shall not be app lied to parties to proceedings who are natural 
persons who are residents of a member state of the European Union or a state which is a 
contracting party to the Agreement on the Europ ean Economic Area, and le gal persons with their 
administration or seat of their business in a territory  of a member state of the European Union or 
a state which is a contracting party to the Agreement on the European Economic Area. Such 
party to proceedings shall be obliged to notif y the Office the address for service within the 
territory of the Slovak Republic.  
 
(4) General provisions for administrative proceedings shall be applied to pr oceedings before the 
Office in accordance with this Act unless this Act stipulates otherwise.  
 
(5) Provisions on interruption of proceedings, on stat utory declaration, on time limits for decision 
and on measures against inactiveness pursuant to general provisions for administrative 
proceedings shall not be applied to proceedings before the Office in accordance with this Act.  
 
(6) If a party to proceedings fails to comply with an invitation of the Office within the specified time 
limit, the Office is entitled to suspend proceedings. A party to proceedings shall be notified about 
consequences in the invitation.  
 
(7) The Office shall suspend proceedings on request  of a person who filed the proposal to its 
beginning. The proposal for its suspension shall not be withdrawn.  
 
(8) Unless this Act stipulates otherwise, filing with  the Office shall be made in writing and in an 
official language.  
 
(9) Filing with the Office can be made by means of el ectronic media. If such filing is not signed with 
an electronic signature, it shall be supplied in a written form within two weeks otherwise such 
filing shall be deemed legally ineffective.  
 
Article 59 
Authorising provision 
 
Generally binding provision issued by the Office shall stipulate details about a) requirements of an application; 
b) method and requirements of claiming and proving priority right; 
c) translation of an international application; 
d) requirements of a request for delay of an application publication; 
e) requirements of oppositions against entry of a utility model into the Register; 
f) requirements of a request for extending a utility model validity; 
g) requirements of  a proposal for cancellation, re quest for transfer, request for determination, 
request for further proceedings and request for restitutio in integrum ; 
h) method of filing and requirements of a request fo r entry of right, request for entry of a court 
litigation into the Register and  a request for entry of an assignment or transfer of rights from an application into the Register; 
i) data entered into the Register and published in the Journal.  IP/N/1/SVK/P/4 
Page 24  
 
  Article 60  
Transitional provisions 
 
(1) Proceedings on applications and proceedings on matters of utility models which have not been 
concluded lawfully before this Act comes into e ffect shall be concluded in accordance with this 
Act.  
 (2) Rights and relations from utility models entered in to the Register before this Act comes into 
effect shall be governed by provisions of this Ac t.  Arising of these rights and relations as well as 
claims arising from them before this Act comes into effect shall be assessed in accordance with 
provisions effective in time of their arising.  
 
Article 61 
 
Legal acts of European Communities and of the Eur opean Union stated in An nex shall be governed 
by this Act.  
 
Article 62 
Repealing provision 
 
The following shall be repealed: 
Act No. 478/1992 Coll. on Utility Models in the wordi ng of Article VI of th e Act of National Council 
of the Slovak Republic No. 90/1993 Coll. and Article III of the Act No. 435/2001 Coll.  
 
__________