WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/SVK/I/7 
16 December 2011 
 (11-6556) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
   
MAIN DEDICATED INT ELLECTUAL PROPERTY 
LAWS AND REGULATION S NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SLOVAK REPUBLIC 
 The present document reproduces the consolidated text1 of Act No. 517/2007 Coll. on Utility 
Models and on Amendment of Some Acts, amende d by Act No. 495/2008 Coll., as notified by the 
Slovak Republic on 18 June 2010 under Article 63. 2 of the Agreement (see document IP/N/1/SVK/4). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NO TIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE SLOVAQUE 
 Le présent document contient le texte consolidé1 de la Loi n° 517/2007 Coll. sur les modèles 
d'utilité et sur la modification de certaines lois, telles que modifiées par la Loi n°  495/2008 Coll., 
notifiée par la République slovaque le 18 juin 2010 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/SVK/4).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NO TIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA ESLOVACA 
 En el presente documento se reproduce el texto refundido1 de la Ley Nº 517/2007 
(recopilación) de modelos de utilidad y de modificación de algunas leyes,  modificadas por la Ley 
Nº 495/2008 (recopilación), que la República Eslovaca ha notificado el 18 de junio de 2010 en virtud 
del párrafo 2 del artículo 63 del Acue rdo (véase el documento IP/N/1/SVK/4). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  IP/N/1/SVK/I/7 
 Page 3 
 
 
   Act No. 517/2007 Coll. on Utility Models 
and on Amendment of Some Acts  
 
 
Amended by : Act No. 495/2008 Coll. 
 
 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.  
 IP/N/1/SVK/I/7 
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  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. 
 
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 contradiction with 
public order or good manners; prohibition of a technical 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 treatm ent 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 applicati ons filed in the Slovak 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 Office of th e Slovak Republic (hereinafter referred to as  IP/N/1/SVK/I/7 
 Page 5 
 
 
   "Journal") on the day from which the applicant enjoys  the priority right or after this day.  This 
shall also apply to international applica tions 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 for 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.  
 
(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 result 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 appl ications 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 indu strially 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 refe rred to as "co-authors") shall have the right to 
utility model protection within extent to which 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 employ er, 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 writing i mmediately and at the same time he shall submit 
any materials necessary for assessment of a technical solution.  
 IP/N/1/SVK/I/7 
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  (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 months  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. 
 (5) An author, against whom the right to utility m odel protection pursuant to paragraph 3 has been 
exercised, shall be entitled to an appropriate remuneration from an employer. Technical and 
economic importance of a technical solution 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 remunera tion. If remuneration fails evidently to correspond with the 
contribution achieved by later explo itation 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 conf erred by an application 
shall occur concurrently. Assignment 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 exploitation 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 u tility model to another pe rson 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 us ed 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/I/7 
 Page 7 
 
 
   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 inte rpretation of claims in case of any uncertainties. 
 
(2) Scope of protection confe rred by an application shall be prelim inarily determined by contents of 
claims for protection published pursuant to Article  38(4). Scope of preliminary protection shall 
be retroactively determined by claims for utility m odel protection; this shall not apply if there is 
conferred wider protection by utility m odel 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 mark et, or stores or imports for this purpose the 
product protected by utility model; 
b) utilises the process protected by utility mode l (hereinafter referred to as "protected 
process") or offers such protected pro cess for utilisation to another person; 
c) produces, utilises, offers or places on the mark et, or stores or imports for this purpose the 
product directly obtained by the protected pro cess; identical products shall be deemed to 
be produced by the protected pro cess, 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 protected by utility model, if a person knows 
or with regard to circumstances he should kn ow 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 prohibit 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 contracting party to the Agre ement 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 technical solution is being used.  
 IP/N/1/SVK/I/7 
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  Article 18  
 
(1) Rights of a utility model owner shall not be infringed if a technical solution is exploited 
 
a) on board vessels of other states which are contracting 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 aircrafts or land vehicles of states which are contracting 
parties to an international convention or parti es to the World Trade Organisation or in their 
components or other accessories of these aircraft s or land vehicles if they temporarily or 
accidentally enter the territory of the Slovak Republic; 
c) when conducting activities pursuant to an intern ational 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 solution 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, af ter co-owner's death or forfeiture of a co-
owner, his proportionate ownershi p shall be transferred to othe r utility model co-owners in a 
rate appropriate to their proportionate ownership.  
 
Article 20 
Assignment of utility model  
 
(1) A utility model shall be assigned to another pers on 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 ac quired 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/I/7 
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   (2) Transfer of a utility model shall have legal eff ects vis-à-vis third parties from the day of entry 
into the Register. Rights of third parties acquired 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 vi s-à-vis third parties from the day of entry into 
the Register. The granted licence shall be c onsidered 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 transf er of a company or its part, within which the 
utility model is being exploited on basis of a cont ractual licence, unless the agreement stipulates 
otherwise.  
 (5) In case of infringement or jeopardising of right s 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 co mpulsory licence to any person who proves a 
capability to exploit a technical solution protected 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 concluding  a licence agreement, where this offer has 
not been accepted by utility model 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 appropria te reason by a utility model owner whilst the 
subject of a utility model protection is not being supplied to the market in the Slovak IP/N/1/SVK/I/7 
Page 10  
 
  Republic sufficiently by the utility model owne r; 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) compulso ry licence may be granted in case of serious 
public interest menace. A utility model owne r 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 da y, 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 circumstanc es, 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 th e 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 gran ting 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 iden tical with the day of filing an application, the 
request for utility model validity extension shall be deemed not to be filed.  
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   (5) If request for utility model validity extension is not filed in accordance with paragraph 4, a 
utility model owner or a pledge creditor shall be en titled 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 for utility model validit y extension 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 exte nsion of the validity performed on the basis of 
the request for utility model validity 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 paragra ph 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 mode l 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 Register, 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 jeopardised, 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 sh all have right to adequate satisfaction, which 
can be in form of pecuniary consideration.  
 IP/N/1/SVK/I/7 
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  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 related to the origin of a produc t infringing rights pursuant to this Act and to 
circumstances of its placing on the market.  
 (2) Information pursuant to paragraph 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, pr ocesser, storekeeper, distributor, provider, 
dealer and other previous holders of a product; 
b)  indications on produced, processed, provide d or ordered quantity an d 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-pa ragraphs 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, materials 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 furthe r infringement or jeopa rdising of right;  
d)  destroyed in a suitable way.  
 (3)  Provisions pursuant to paragraph 2 shall be performed at expenses of a person who infringes or 
jeopardises rights protected by this Act, unless th e unusual 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 provide 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.   IP/N/1/SVK/I/7 
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   Article 31 
Precaution  
 
(1) In protection of rights in accordance with th is 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 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 impe diment 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 pecuniary or non-pecuniary injury 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 complie d 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 th e 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 sha ll be requested by an application filed with the 
Office.  
 
(2)  Only one technical solution or a group of techni cal 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 e xplained 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 model protection, if an applicant is not an author.  
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  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 determination 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; 
b) on priority date in accordance with an inte rnational 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 u tility with the identical subject-matter filed in a 
state or in relation to a state, which is a cont ractual party to an international convention or 
which is a member of the World Trade Organisa tion. 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 ri ght properly and in due time in accordance with 
paragraph 3, the Office shall grant priority righ t 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 document 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 prior ity right document together with a priority 
right document was filed within 30 days from de livery day of a priority right document to 
the applicant.  
 
(5) The Office may invite an applicant to submit a translation of a priority right document into 
official language.  
 (6) The Office shall not take into consideration an ap plication of priority right and proving priority 
right which fails to meet conditions in accordan ce with this provision. This fact shall be 
communicated to an applicant. 
 (7) The Office shall issue a document certifying prio rity right following the application on request 
of an applicant or a utility model holder.   IP/N/1/SVK/I/7 
 Page 15 
 
 
   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 fi ling an application request conferring the filing 
date, where appropriate also priority right from this patent applicati on or European patent 
application. The Office shall confer the filing date  for an application, where appropriate also the 
priority right from this patent application or Eur opean patent application, if an application is 
filed within two months from delivery of decision on this patent application or European patent 
application, at the latest within ten years from f iling 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, within the period of three months from filing the 
application; otherwise it shall not be taken into consideration.  
 
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 translation of a European patent a pplication into official 
language within three months on basis of invitation of the Office. 
 (3) In case that request for conversion is not filed within three months from the day, when a 
European patent application was withdrawn or wh en a notice that a European patent application 
is deemed to be withdrawn, or a decision on refu sal of a European patent application or decision 
on revocation of a European patent was deliver ed, an applicant shall lose priority rights 
conferred by European patent application as filed.  
 (4) If request for conversion has been filed in contradiction 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 tran sfer the Office shall continue in proceedings interrupted in 
accordance with paragraph 1.  
 IP/N/1/SVK/I/7 
Page 16  
 
  Article 38 
Examination and publication of application 
 
(1) If an application fails to meet conditions pursu ant 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 applica tion is not considered 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 shall enable the applicant to respond to reasons for 
refusal of the application.  
 (3) In case of doubts, the Office shall invite an applicant 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.  
 (4) If proceedings on an application have not been suspended pursuant to paragraph 1 or if an 
application has not been refused pursuant to para graph 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 appli cant, an application together with the research 
result shall be published and publication 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 appl ication 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 divisi onal 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 entr y 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 ev idence, submitted by the opponent. 
  IP/N/1/SVK/I/7 
 Page 17 
 
 
   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 opponent 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 op positions submitted pur suant to Article 40, 
proceedings on which have not been suspended pursu ant 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 ti me limit pursuant to 
paragraph 3, the Office shall suspe nd proceedings on an application.  
 
(5) If it is not possible to decide on basis of written submissions of an opponent and an applicant, 
the Office shall prescribe oral hearing. Herewith the Office shall deliver an applicant's response 
to oppositions to an opponent.  
 (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 
opponent and written execution of a decision pursu ant to paragraph 4 shall by delivered by the 
Office to an applicant and opponent.  
 
(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 opponent 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 pu rsuant to Articles 4 to 6 or whether an 
application meets the condition pursuant to Artic le 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 w ith oppositions in a relevant extent and the 
application shall be refused completely or partially; or 
b) conditions pursuant to Articles 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 opponent.  
 IP/N/1/SVK/I/7 
Page 18  
 
  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 Artic le 38(2), oppositions against entry of a utility 
model into the Register pursuant to Article 40 have not been filed or oppositions against entry 
of a utility model into the Register have been re fused pursuant to Article 42(2)b, or proceedings 
on oppositions have been suspende d, 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.  
 
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 (hereina fter 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 subj ect-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 failed  to meet condition pursuant to Article 32(3). 
 
(3) Cancellation shall have same effects as though a utility model has 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 Register completely or partially on request of its 
owner irrespective of existence of reasons pursu ant to paragraph 1; for partial cancellation on 
request of an owner of a utility model paragraph 5 shall be used mutatis mutandis.  
  IP/N/1/SVK/I/7 
 Page 19 
 
 
   Article 45 
 
(1) Request for cancellation shall contain legal and factual statement of reasons and concurrently 
evidence, submitted by a requester for cancella tion and on which the request for cancellation is 
based, have to be submitted or indicated. Exte nsion 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 statement 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 con sequences of proceedings suspension. 
 (3) The Office shall invite a utility model owner to respond to request for cancellation within a 
specified time limit.  
 
(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 can cellation to a requester for the cancellation.  
 (6) The Office shall continue with proceedings and deci de on merit also in case, if a party invited in 
due form shall not participate the oral hearing.  
 
Article 46 
 
The plaintiff is obliged to pay a deposit of 82,50 euro together with request for cancellation. If it is 
proved that request for cancellation has been justif ied, the Office shall return the deposit 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 model protection in accordance with Article 10(1), 
Article 10(3) or Article 11(1); 
b) request for transfer has been filed by a pers on who is pursuant to the valid decision of a 
court entitled to utility model protec tion or his successor in title; and 
c) request for a transfer has been delivered with in 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 pur suant 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 shall enable the requester to respond to detected reasons on basis of which 
request for transfer is to be refused.  
 IP/N/1/SVK/I/7 
Page 20  
 
  (4) If a person, to whom the right for utility mode l protection is granted in accordance with valid 
decision of the court, or his successor in title, fails  to file request for transfer within the time 
limit pursuant to paragraph 1(c), the Office sha ll 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, the Office shall refuse an application. 
 
Article 48 
Determination proceedings 
 
The Office shall determine on request whether the s ubject-matter described in request falls within the 
scope of protection of a certain utility model.   
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 registrati on of right") or court litigation into the Register 
fails to contain requirements stipulated in a gene rally binding regulation (Article 59), the Office 
shall invite a requester to correct irregularities w ithin 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 th e 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 right 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 va lid decision on its grant.  
 (4) On basis of request of a party to court proceedings, 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 extens ion 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 failed  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 th an two months from delivery of a decision of 
the Office issued as a consequence of failu re to comply with the time limit.  
 (3) Request shall be refused pursuant to paragr aphs 1 or 2 in case of time limit pursuant to 
Article 41(2).   IP/N/1/SVK/I/7 
 Page 21 
 
 
   (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 conditio ns pursuant to paragraphs 1 or  2 or shall be refused pursuant 
to paragraphs 3 or 4; before the request is refused the Office  shall enable the requester to 
respond to ascertained reasons on basis of which the request is to be refused.  
 (6) If the Office satisfies request for further pro ceedings, 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 pursuant to paragraph 1 within two months from the date 
of delivery, request shall be deemed to be satisfied.  
 
Article 52 
Restitutio in integrum 
 
(1) If a party to proceedings before the Office despite  of a due attention required by circumstances 
fails to comply with the legal time limit or th e 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 utility model validity at the latest within 12 months from expiry of non-complied additional 
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 impedi ment 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 st atement 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 paragraphs 1 and 2 or it is not possible to be satisfied pursuant to paragraph 4, or the 
requester fails to prove his statements pursuant 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. 
 IP/N/1/SVK/I/7 
Page 22  
 
  (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, wh ich 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 co mply 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 solution, is en titled to exploit a technical solution within the 
frame of his business activity without an obliga tion to pay for exploitation of the technical 
solution.  
 
(8) Assignment or transfer of right of entitled 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. 
 
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 a scertained from exercised evidence submitted or 
proposed by parties to proceedings. 
 
Article 53 
Appeal 
 
(1) An appeal against decision of the Office ma y 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 app eal 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 a pplication and data about priority right. 
 (3) On basis of request before publishing an appli cation pursuant to Article 38(4) the Office shall 
enable a utility model owner, a patent owner, an a pplicant or an applicant of a patent application  IP/N/1/SVK/I/7 
 Page 23 
 
 
   to inspect a file concerning an application, provide d that this application refers to a utility model 
or patent of this owner or to an applicati on or patent application of this applicant.  
 (4) After publishing an application pursuant to Artic le 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.  
 (8) From right to file inspection there are excluded 
 
a) parts of a file containing confident informa tion, publication of which is not necessary for 
securing right to information of third pa rties including parties to proceedings; 
b) parts of file containing business secret on writte n 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 from 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 applications and utility models as 
well as official notification and decision of a pr inciple character are published and notified.  
 IP/N/1/SVK/I/7 
Page 24  
 
  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 submit 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 conditi ons 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 te rritory 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 utility model owners; if a state in which 
parties have permanent residence or seat is not a member state of an international treaty or a member of the World Trade Organisation, rights  and obligations 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 Eur opean Economic Area, and legal 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 no tify 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 accord ance 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 pro ceedings. 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.  
  IP/N/1/SVK/I/7 
 Page 25 
 
 
   (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 electronic media. If such filing is not signed 
with an electronic signature, it shall be supplie d 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 for 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.  
 
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 Act.  Arising of these rights and relations as well 
as claims arising from them before this Act co mes 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 Annex 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 the Act of National Council 
of the Slovak Republic No. 90/1993 Coll. and Article III of the Act No. 435/2001 Coll.  
 IP/N/1/SVK/I/7 
Page 26  
 
  Title IV 
 
Entry into force 
 
This Act enters into force on 1 January 2008. 
Act No. 495/ 2008 Coll. entered into force on 1 February 2009 
  
Ivan Gašparovi č v.r. 
 
Pavol Paška v.r. 
 
Robert Fico v.r. 
 
 
__________