WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SVK/P/3 
20 November 2008 
 (08-5656) 
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. 435/2001 Coll. on Patents, 
Supplementary Protection Certificates and on Amen dment of Some Acts as Amended (The Patent 
Act) as amended by Act No. 402/2002 Coll., Act No . 84/2007 Coll. and Act No. 517/2007 Coll., as 
notified by the Slovak Republic un der 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° 435/2001 Coll. sur les brevets, 
les certificats de protection complémentaires et la modification de certaines lois, telles qu'elles ont été modifiées (Loi sur les brevets), telle que modifiée pa r la Loi n° 402/2002 Coll., par la Loi n° 84/2007 
Coll. et par la Loi n° 517/2007 Coll., 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 435/2001 
(recopilación) de patentes y certificados de prot ección complementaria y de modificación de algunas 
leyes, modificada (Ley de patentes), modificada  por la Ley Nº 402/2002 (recopilación), la Ley 
Nº  84/2007 (recopilación) y la Ley Nº 517/ 2007 (recopilación), que la República Eslovaca ha 
notificado en virtud del párrafo 2 del artículo 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/3 
Page 2  
 
  Act No. 435/2001 Coll. on Patents,  
Supplementary Protection Certificates  
and on Amendment of Some Acts as Amended 
 (The Patent Act)  
 
Amended by :       Act No. 402/2002 Coll. 
Act No. 84/2007 Coll. Act No. 517/2007 Coll. 
 
The National Council of the Slovak Republic has adopted the following Act: 
 
Title I 
 
PART ONE 
BASIC PROVISIONS  
 
Article 1 
Subject-matter of regulation 
 
       This Act shall govern re lations arising in relation to creati on, legal protection and utilisation of 
inventions, which are subject-matter of a patent a pplication or granted pate nt or are subject-matter 
of supplementary protection certificates. 
 
Article 2 
Scope of the Act 
       This Act shall apply to 
a) patent application (hereinafter referred to as “application”), European patent application 
[Article 3(f) ], international application, 
b) patent, European patent [Article 3(f) ], 
c) rights and obligations of an inventor, applicant (h ereinafter referred to as ”applicant”) and to an 
owner of a patent, an applicant for a European Pa tent application and to an owner of a European 
patent, an applicant of an international application,  
d) legal status of the third party  who is a holder of other rights or obligations in relation to an 
application, European patent application, interna tional  application, patent or European patent,  
e) proceedings on subject-matters of  ri ght pursuant to points (a) to (d). 
 
Article 3 
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,  IP/N/1/SVK/P/3 
 Page 3 
 
 
  b) microbiological process shall mean any process using microbiological material or performed 
upon microbiological material or process result of which is microbiological material, 
c) essentially biological process for creation plants  or animals shall mean a process based 
exclusively on natural phenomena such as breeding or selection, 
d) reproduction shall mean a genera tive or vegetative reproduction, 
e) European patent application shall mean an appli cation for a European patent filed pursuant to the 
Convention on granting European patents signed in Munich on October 5, 1973 (hereinafter 
referred to as “European Patent Convention“), 
f) European patent shall mean a patent granted by  the European Patent Office pursuant to the 
European Patent Convention, 
g) international application shall mean an appli cation filed pursuant to the Patent Co-operation 
Treaty, 1) 
h) commercial exploitation of a patent or an inventi on shall mean any activity related to a patent as 
a subject-matter of right or in relation to an i nvention as a subject-matter of a patent, performed 
by an owner or any other authorised person with a purpose of making profit. 
 
 
PART TWO 
PATENTS FOR INVENTIONS 
 
Article 4 
 
The Industrial Property Office of the Slovak Republic  (hereinafter referred to as ”the Office”) 
shall grant patents for inventions, which m eet  conditions, specified by this Act. 
 
Article 5 
Patentability of inventions 
 
(1)  Patents shall be granted for inventions from all fields of technology, which are new, involve 
inventive activity and are industrially applicable. 
(2)  Patents pursuant to paragraph 1 shall be  also granted for biotechnological inventions 
concerning to a product consisting of  or containing biological material, or to a process by means of 
which biological material is produced, processed or utilised, including cases when  invention relates to 
a) biological material which is isolated from its na tural environment or is produced by means of a 
technical process, already occurred in a nature, 
b) a plant or an animal, if a technical feasibility of an invention is not reduced to a particular plant 
or animal variety, 2) 
c) a microbiological or other technical process or to a product obtained by such process, 
d) an element isolated from a human body or produc ed by other means of a technical process, 
including a sequence or partial sequence of a gene  also in the case when th e structure of such  
element is identical with a structur e of a naturally existing element. 
(3) The following shall not be regarded as inventions pursuant to paragraph 1: 
                                                      
 1) Communication of the Federal Ministry of Foreig n Affairs No 296/1991 Coll. on Deposition of the 
Document on Accession of the Czech and Slovak Federal Re public to the Patent Co- operation Treaty agreed in 
Washington on 17 June 1970 as amended.  
2) Act No 132/1989 Coll. on Protection of Rights to New Plant and Animal Variety as amended by the 
Act of the National Council of the Slovak Republic No 22/1996 Coll. IP/N/1/SVK/P/3 
Page 4  
 
  a) discoveries, scientific theories and mathematical methods, 
b) aesthetic creations, c) schemes, rules and methods for performi ng intellectual acts, games or business, 
d) computer programmes, 
e) presentation of information. 
(4) Subject-matters or activities stated in paragr aph 3 shall be excluded from patentability only to 
the extent to which a patent application re lates to these subject-matters or activities. 
 
Article 6 
Exceptions to patentability 
 
(1) Patents shall not be granted to 
a) plant and animal varieties, 
b) essentially biological processes for creation  plants or animals, 
c) methods of surgical or therapeutic treatment of human or animal body and diagnostic methods 
and methods of illness prevention practised on human or animal body. This provision shall not 
apply to products, in particular substances or compositions usable in any of  above-mentioned 
methods of treatment, diagnostics or illness prevention, 
d) inventions relating to human body in different stag es of its formation or development or relating 
only to discovery of some elements of human body, including sequences or partial sequence of a 
gene, with an exception pursuant to Article 5(2)(d), 
e) inventions commercial exploitation of which would be in contradi ction with public order or good 
manners. The sole prohibition ofexploitation of an in vention by law shall not be considered to be 
in  contradiction with public order or good manners pursuant to this provision.  
(2) Patents shall not be granted pursuant to paragraph 1(e) to  
a) processes of cloning human beings, 
b) processes of modifying  germ line genetic identity of  human beings, 
c) utilisation of human embryos for industrial or commercial purposes, 
d) processes of modifying  genetic identity of anim als which are likely to cause suffering to animals 
without having substantial medical benefit for pe ople or animals, neither on animals which are 
results of such processes. 
 
Article 7 
Novelty 
 
(1)  An invention shall be considered to be new if it does not form part of state of the art. 
 
(2)  State of the art shall be everything made av ailable to  public by any means of disclosure 
before the day from which an applicant enjoys priority right (Article 36). 
 
(3)  Contents of patent applications and utility model applications filed in the Slovak Republic 
with earlier priority right shall also be considered  as state of the art, if they are published in the 
Official Journal of the Industrial Property Office of the Slovak Republic (hereinafter referred to as 
“Journal”) on the day from which an applicant enjoys priority right or after this day. This shall also 
apply to international applications with desi gnation for the Slovak Republic; publication of an 
international application shall be publication in th e Journal (Article 41) , and to European patent 
applications with designation for the Slovak Republic  (hereinafter referred to as “European patent  IP/N/1/SVK/P/3 
 Page 5 
 
 
  application”); publication of a European patent app lication shall be publication pursuant to Article 93 
or Article 153 of the European Patent Convention.  Confidential patent appl ication (Article 59(10) 
shall be deemed for purposes of this provision to be  published after expiry of 18 months from the day 
of the rise of priority right.   
 
(4)  Disclosure of an invention to public shall not be considered as state of the art if it occurred 
not earlier than six months preceding filing a patent  application and which directly or indirectly 
follows from 
a) an evident abuse in relation to an applicant or his legal predecessor, 
b) the fact that an applicant or his legal predecesso r has displayed an invention at an official or 
officially recognised exhibition pursua nt to an international convention. 3) In this case when an 
applicant shall be in filing an patent applicati on obliged to indicate that an invention has been 
displayed and within four months from filing a patent application to file a certificate on 
displaying of an invention pursuant to an international convention. 3) 
 
(5)  Patentability of substances or compositions sha ll not be excluded pursuant to paragraphs 1 to 
3, which are 
a) comprised in state of the art, for their utilisation  in  methods referred to in the provision of the 
Article  6(1)(c), provided that such utilisation  is not comprised in state of the art, 
b) indicated in point (a) for their any specific utili sation  in  methods referred to in the Article 
6(1)(c), provided that such specific utilisation  is not comprised in state of the art.  
 
Article 8 
Inventive activity 
 
(1)  An invention 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, European patent a pplications and utility model applications which 
have not been published as by the day from which an applicant enjoys priority right shall not be taken 
into consideration in determina tion of an inventive activity. 
 
Article 9 
Industrial application 
 
An invention shall be considered to be industr ially applicable if its subject-matter can be 
produced or utilised in any branch of industry, particularly in any branch of industry and 
agriculture.   
Inventor 
Article 10 
 
(1)  An author of an invention (hereinafter referred to as “inventor”) shall have  right to a patent 
including right to file an application (hereina fter referred to as “right to a patent”).  
 
(2)  An inventor shall be a  person who has created  an invention by his own creative work. 
                                                      
 3) Convention on International Exhib itions signed in Paris on 22 Nove mber 1928 (Collection of acts 
and regulations of the Czechoslovak State No 46/1932), last revised in Paris on 30 November 1972.  IP/N/1/SVK/P/3 
Page 6  
 
  (3)  Co-inventors of an invention (hereinafter referr ed to as “co-inventors”) shall have right to a  
solution within extent to which they participated in creating an invention. Share of co-inventors in 
creating an invention shall be equal, unless co-i nventors agreed otherwise or unless a court decides 
otherwise.  
 
(4)  If an invention has been created by several pe rsons independently from each other, right to a 
solution shall belong to a person with an earlier prior ity right  (Article 36). This shall apply only in 
case, if a patent application has been publishe d pursuant to Article 41 or Article 60(2). 
 
Article 11 
 
(1)  If an inventor has created an invention within the framework fulfilling tasks from an 
employment, similar relationship or from membership  relation right to a solution shall pass to an 
employer, until parties to this relationship agreed ot herwise. Right of being an inventor shall remain 
unaffected.  
 
(2)  An inventor who has created an invention pursua nt to paragraph 1 shall be obliged to inform 
an employer about this fact immediately in writin g and at the same time he shall submit any materials 
necessary for assessment of an invention.   
 
(3)  An employer shall be entitled to exercise right to a solution vis-à-vis  the inventor in writing, 
within a time limit of three months from notification pursuant to paragraph 2. 
 
(4)   If an employer fails to  exercise right to a solution patent in writing within the time limit 
pursuant to paragraph 3, this right shall pass back to an inventor. An employ er as well as an inventor 
shall be obliged to preserve c onfidentiality about an invention vis-à-vis  third parties. 
 
(5)   An inventor, against whom right to a soluti on pursuant to paragraph 3 has been exercised, 
shall be entitled to an appropria te remuneration from an employer.   Technical and economic 
importance of an invention and contribution achieva ble by its exploitation or by other application 
shall be decisive for determining amount of remune ration, whereas material share of an employer in 
creating an invention as well as a sc ope and contents of workload of an inventor shall be taken into 
consideration. If remuneration fails evidently to  correspond with a contribution achieved by later 
exploitation or other application of an invention,  an inventor shall have right to supplementary 
compensation.  
 
(6)   Rights and obligations pursuant to paragra phs 1 to 5 shall remain unaffected after legal 
relationship between inventor and employer has ceased. 
 
Article 12 
 
(1)   Right to a solution shall also belong to legal successors in title of persons listed in 
Article 10(1) and (3) or in Article 11(1). 
  IP/N/1/SVK/P/3 
 Page 7 
 
 
  (2)  Right to a solution shall be transferred to  another person in cases specified by special 
regulations. 4) 
 
(3)  An agreement on the assignment of right to a so lution shall be made in  writing, otherwise it 
is invalid. 
 
(4)  Together with assignment or  transfer of right to a solution, which shall be executed after 
filing an application, assignment or transfer of rights conferred by an application shall occur concurrently. Transfer or assignment of rights conf erred by an application shall come into effect vis-à-
vis third parties on the day of its entry into the Regist er of patent applications (Article 57);This shall 
not apply vis-à-vis  third parties who have been informed about  assignment or transfer or according to 
circumstances should have known.   
 
Article 13 
Scope of protection 
 
(1)  Scope of protection conferred by a patent shall be determined by  contents of  patent claims. 
Description and drawings shall be used for interpretation of  patent claims. 
 
(2)  Scope of protection conferred by an application shall be preliminary determined  by contents 
of  patent claims published pursuant to Article 41. Granted patent or patent  partially revoked shall 
determine scope of this preliminary protection retroac tively; this shall not apply if there is conferred 
wider protection by a granted patent than by a published patent application.  
 
(3)  Protection conferred by a patent granted for a process shall also apply  to a product directly 
obtained by such process. 
 
(4)  Protection conferred by a patent granted for bi ological material with specific characteristics, 
which are result of an invention sh all also apply to any other biological material derived from original 
biological material by reproduction in identical or different form with same characteristics. 
 
(5)  Protection conferred by a patent granted fo r a process enabling production of a biological 
material with specific characteristics which are result  of an invention, shall also apply to biological 
material obtained directly by a protected process as well as to any other biological material derived from directly obtained biological material by reproduction in identical or different form with same characteristics same characteristics. 
 
(6)  Protection conferred by a patent granted for a product containing of or consisting in a genetic 
information shall apply to any material, in which a product is incorporated and in which a genetic 
information is contained and pe rforms its functions. This shall not apply in case pursuant to 
Article 6(1)(d). 
 
(7) A product, identical with a product protected pur suant to paragraphs 3 and 5 shall be deemed 
to be a product achieved by a protected process directly unless it is proved otherwise. 
 
                                                     
 
 4) For example Articles 69, 479 and 487 of the Commercial Code, Articles 460 and 469 of the Civil 
Code, Articles 12 to 17 of the Act No 111/1990 Coll. on State Enterprise as amended. IP/N/1/SVK/P/3 
Page 8  
 
  Article 14 
Exploitation of an invention 
 
(1)  An owner of a patent (Article 19) shall have ex clusive right to exploit an invention, to grant 
consent for exploitation of an invention, to assign a patent to another person or to establish right of 
lien to a patent. 
 
(2)  A patent shall be effective from the day when  announcement on grant of  a patent is published 
in the Journal. 
 
Article 15 
Prohibition of exploitation of an invention 
 
(1)  Without consent of a patent owner following shall be prohibited  
a) producing, exploitation, offering or placing on the market, or for this purpose storing or 
importing a product  which is a subject-matter of a patent, 
b) exploitation of a production process which is a subject -matter of a patent (hereinafter referred to 
as “protected process”) or offering such  protect ed process for exploitati on to another person, 
c) producing, exploitation, offering or placing on the market, or for this purpose storing or 
importing a product directly obtained by a protected process, 
d) supplying or offering for delivery to a person not entitled to exploit an invention any means 
enabling him to carry out an invention, if a person infringing right has been informed or with 
regard to  circumstances he should have been in formed that these means ar e intended or suitable 
to carry out an invention; this shall not apply if these means are currently available on the market 
and a supplier did not instigate the person not entitle d to perform acts in c ontradiction with points 
(a) to (c). 
 
(2)  Exclusive rights pursuant to paragraph 1 shall also belong to an applicant, starting from the 
day of publication of an  application in the Journa l, provided that a patent has been granted for an 
invention, which is a subject-matter of an application. However, claiming of these rights vis-à-vis  
third parties shall be possible only as from the day on which  effects of a patent begin. 
  
Article 16 
Exhaustion of rights 
 
(1)  A patent owner shall not be entitled to prohibit th ird parties to dispose of a product which is a 
subject-matter of a patent protection after this product has been placed on the market in the member 
state of the European Union or in the state whic h is a contracting party to the Agreement on the 
European Economic Area by a patent owner or with his explicit consent. This shall not apply if there 
are reasons for extension of rights to a patent for such treatment. 
 
(2)  Paragraph 1 shall also apply to a biological material obtained by reproduction of a protected 
biological material provided that such reproduc tion necessarily results from usinge for which the 
biological material has been placed on the market, if biological material obtained in this way is not subsequently utilised for its further reproduction. 
  IP/N/1/SVK/P/3 
 Page 9 
 
 
  (3)  Acquisition of protected plant reproduction ma terial by a farmer within the scope of a 
commercial relation with a patent owner or with hi s consent implies  right of a farmer to utilise a 
product of his work for reproduction of this product in his farm. Provisions of a special regulation 6a) 
shall apply mutatis mutandis for determination of a scope of right of a farmer pursuant to sentence one 
and condition of claiming such right.  
 
(4)  Acquisition of protected animal reproduction material by a farmer within the scope of a 
commercial relation with a patent owner or with hi s consent implies for right of a farmer to use a 
protected livestock for agricultural purposes including us ing of an animal reproductive material for his 
agricultural activity with exception of sale of animal reproduction mate rial form performing 
agricultural activities of a farmer with exception of a sale of an animal reproduction material in 
relation with business or for the purpose of business 5) in the form of a subsequent reproduction 
activity.  
 
Limitation to effects of a patent 
 
Article 17 
 
(1)  Right of a patent owner shall not be exercised vis-à-vis  a person who before priority right 
(Article 36) has exploited an invention in a g ood faith or has made appropriate arrangements 
immediately aiming at exploitation of an invention independently from an inventor or a patent owner 
(hereinafter referred to as “prior user“) within th e territory of the Slovak Republic. In case of doubts 
action of a prior user shall be considered acting in a good faith unless proved otherwise. 
 
(2)  Assignment or transfer of right of a prior u ser for exploitation of an invention pursuant to 
paragraph 1 shall be possible exclusively as a part  of assignment or transfer of ownership of a 
company or its part, within which an invention is being utilised. 
 
Article 18 
 
(1)  Rights of a patent owner shall not be infringed if an invention is exploited 
a) on board vessels of other states which are contr acting parties to an international convention 6) or 
parties to the World Trade Organisation 7) (hereinafter referred to as “Union countries“) to which 
the Slovak Republic is a contracting party, in a body of a vessel, machinery, tackle, gear and 
other accessories, if these vessels temporarily or accidentally enter the territory of the Slovak 
Republic provided an invention is u sed exclusively for needs of a vessel, 
b) in construction or operation of aircrafts or land vehicles of the Union countries, or in their 
components or other accessories when they temporar ily or accidentally enter the territory of the 
Slovak Republic, 
c) when conducting activities pursuant to  an international convention, 8) if these activities relate to 
an aircraft of a state benefiting  from advantages of this convention, 
                                                      
5) Article 2(1) of the Commercial Code. 
 6) Decree of the Minister of Foreign Affairs No 64/1975 Coll. on Paris Convention on Protection of 
Industrial Property of 20 March 1883 re vised in Brussels on 14 December 1 900, in Washington on 2 June 1911, 
in the Hague on 6 November 1925, in London on 2 June 1934, in Lisbon on 31 October 1958 and in Stockholm on 14 July 1967 as amended by Decree No 81/1958 Coll. 
 
7) Communication of the Ministry of Foreign Affairs of the Slovak Republic No 152/2000 Coll. on 
Conclusion of the Agreement establishing the World Trade Organisation.  
8) Article 27 of the Treaty on International Ci vil Aviation of 7 December 1944 (Decree No 147/1947 
Coll.). IP/N/1/SVK/P/3 
Page 10  
 
  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 activity conducted privately and for non-commercial purposes, 
f) in activity conducted for experimental purposes whic h shall also be studies,  exams necessary for 
registration proceedings pursuant to a special regulation. 8a). 
 
(2)  Persons using an invention pursu ant to paragraph 1(d) to (f) shall not be considered to be 
persons entitled to exploit an inven tion pursuant the Article 15(1)(d).  
 
Article19 
Patent owner 
 
       A legal entity or a natural person entered as an owner into the Patent Register of the Office 
(hereinafter referred to as “Register“) sh all be considered a patent owner.  
 
Article 20 
Co-ownership of a patent 
 
(1)  Provisions of a special regulation 
9) shall apply to regulation of  relationships among patent 
co-owners e mutatis mutandis , unless this Act provides otherwise.  
 
(2)  Proportionate ownership of a co-owner to a pate nt shall be derived from the scope of right to 
a solution belonging to a co-inventor (Article 10( 3)) as a patent owner or a co–inventor as a legal 
predecessor of a patent owner . 
 
(3)  Each of co-owners shall have right to explo it an invention, which is a subject–matter of a 
patent, except granting right for utilisation of an i nvention to a third party, unless co-owners have 
agreed otherwise. 
 
(4)  An agreement on abandonment of co-ownership  and on mutual settlement shall be made in 
writing, otherwise it is invalid.  
 
(5)  An agreement pursuant to paragr aph 4 shall have legal effects vis-à-vis  third parties from the 
day of entry into the Register. The Office shall be obliged to enter changes from the agreement into 
the Register no later than six months from its delivery to the Office or within this time limit to communicate a decision specifying reasons on  basi s of which it shall not possible to enter  
modifications into the Register.   
 
(6)  If a patent co-owner has no legal successor, afte r a patent co-owner’s death or forfeiture, his 
proportionate ownership shall be tran sferred to other patent co-owners in a rate appropriate to their 
proportionate co-ownerships.    
 
(7)  Provisions of paragraphs 1 to 5 shall apply mutatis mutandis  to relations between co-
applicants.     
 
                                                     
 
9) Articles 136 and 142 of the Civil Code.  IP/N/1/SVK/P/3 
 Page 11 
 
 
  Article 21 
Assignment of patent 
 
(1)  An agreement on assignment of a patent shall be  made in writing, otherwise it is invalid.  
 
(2)  Assignment shall have legal effects vis-à-vis  third parties from the day of entry into the 
Register. This shall not apply vis-à-vis  persons who knew about assign ment or should have known 
according to circumstances. The Office shall be oblig ed to enter this assignment into the Register no 
later than six months from delivery of an agreemen t on assignment to the Office or in this time limit 
to communicate a decision specifying reasons on basis of which it shall not be possible to enter 
assignment into the Register within.   
 
(3)  Rights of third parties acquired before the day of entry of  patent assignment into the Register 
shall remain unaffected.  
 
Article 22 
Transfer of patent 
 
(1)  A Patent shall be transferred to a new owner pursuant to Article 48 including  cases specified 
by special regulations. 4) 
 
(2)  Transfer of a patent shall have legal effects vis-à-vis  third parties from the day of entry into 
the Register. This shall not apply vis-à-vis  persons who knew about tran sfer or should have known 
according to circumstances . The Office shall be obliged  to enter this transfer into the Register no later 
than six months from its delivery to the Office or in this  time limit to communicate a decision specifying  reasons on  basis of which it shall not be possible to enter transfer into the Register .   
 
(3)  With exception pursuant to Article 48, rights of third parties acquired before the day of patent 
transfer shall remain unaffected. 
 
Article 23 
Right of lien 
 
(1)  Right of lien on a patent may be established.  
 
(2)  Provisions of a special regulation 
10) shall apply mutatis mutandis  to right of lien and to 
relations between pledge cr editor and pledge debtor. 
 
(3)  Agreement on establishing right of lien shall be made in writing, otherwise it is invalid. 
        (4) Contractual right of lien shall begin on the day of entry into the Register. The Office shall be 
obliged to enter right of lien in to the Register no later than within six months from delivery of an 
agreement on establishing right of lien to the Offi ce or within this  time limit to communicate a 
decision specifying reasons on basis of which it shall not be possible to enter right of lien  into the 
Register.   
 
                                                     
 
10) Article 151(a) to (j) and Article 552 of the Civil Code.  IP/N/1/SVK/P/3 
Page 12  
 
  (5) Special regulation 
11) and paragraphs 2 and 3 shall apply mutatis mutandis  to sub-lien right. . 
 
Article 24 
Licence agreement 
 
(1)  Rise, lapse and enforcement of right from a licence agreement shall be governed by 
provisions of a special regulation. 12) 
 
(2) .  Licence agreement shall have legal effects vis-à-vis  third parties from the day of entry into 
the Register. This shall not apply vis-à-vis  persons who knew about signing of licence agreement or 
should have known according to circumstances. The O ffice shall be obliged to  enter the licence into 
the Register no later than within six months from delivery of a licence agreement to the Office or 
within this time limit to communicate a decision specifying reasons on basis of which it shall not be possible to enter the licence into the Register.  
 
(3)  Granted licence shall be considered non-excl usive, unless a licence agreement stipulates 
otherwise. 
        (4) Assignment or transfer of right of a contractual licence holder shall be possible exclusively as 
part of assignment or transfer of a company or its part, within which an inve ntion is being exploited 
pursuant to a contractual licence, unless a licence agreement stipulates otherwise. 
 
Licence offer 
 
Article 25 
 
(1)  If a patent applicant or a patent owner  (her einafter referred to as “provider“) shall file a 
written statement with the Office that he shall gran t right to utilise an  invention to any person for 
appropriate compensation (hereinafter referred to as “licence offer“), the Offi ce shall enter a licence 
offer into the Register. 
 
(2) Licence offer may be withdrawn until a written statement about acceptance of a licence offer 
is delivered to the provider. 
 
(3)  If a licence offer is not withdrawn by a provide r, entry of an exclusive licence into the 
Register shall not be possible.  
 
(4)  Statement on a licence offer may not be validly filed if an exclusive licence has been entered 
into the Register. 
 
(5)  If a new patent owner or a patent applican t delivers a written request on maintenance of a 
licence offer to the Office within a time limit of 30 days from the day of validity of a decision on forfeiture of protection and transfer it shall apply on the day of entry of a decision on forfeiture of a 
patent protection and transfer pursuant to Article 48 into the Register, that  a licence offer has been 
withdrawn., . 
                                                     
 
11) Article 151(k) to (m) of the Civil Code. 
12) Articles 508 to 515 of the Commercial Code.  IP/N/1/SVK/P/3 
 Page 13 
 
 
  Article 26 
 
(1)  Person, who accepts a licence offer and communicates  it to a provider and at the same time to 
the Office in writing, shall obtain right to exploit an invention. 
 
(2)  A licence obtained pursuant to paragraph 1 shall be considered contractual, non-exclusive, 
concluded for indefinite time and valid w ithin the territory of the Slovak Republic. 
 
(3)  If no agreement on compensation for granted licence has been concluded among parties to 
licence relation, notwithstanding negotiations relati ng thereto, amount of an adequate compensation as 
well as terms of payment shall be determined by a court on proposal of one of parties to licence 
relation taking into consideration importance of an invention and usual licence prices in  particular 
field. In case of a substantial change of circ umstances decisive for determining an adequate 
compensation, the court shall be entitled on proposal of  one of parties to licence relation to change 
amount of a compensation or terms of payment orig inally negotiated or settled by a court, if no 
agreement has been concluded among  parties, notwithstanding negotiations relating thereto.  
 
Compulsory licence 
 
Article 27 
 
(1)  On request the court shall be entitled to grant a compulsory licence to any person who can 
prove the capability to exploit an invention, which is  a subject-matter of a granted patent, within the 
territory of the Slovak Republic, provided that 
a)  4 years have expired since  filing of an app lication or 3 years have expired from granting a 
patent, where the time limit, which expires later, shall apply,  
b) person requesting  granting of a compulsory licen ce has offered before filing a request  to a 
patent owner a proper conclusion of a licence ag reement, whilst this offer was not accepted by a 
patent owner within three months from its filing, and 
c) invention has not been exploited within the territory of the Slovak Republic without an 
appropriate reason by a patent owner, or it h as been exploited insufficiently, while a subject-
matter of a patented invention as a product has not been supplied to the market of the Slovak 
Republic in a sufficient quantity. 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  purpose for which it has been granted provided that domestic market needs 
shall be satisfied preferentially. 
 
(3)  If a subject-matter of a patent is a techno logy of semiconductor products, compulsory licence 
may be granted only for  public non-commercial e xploitation or to prevent a patent owner from 
further action, which pursuant to a decision of a competent body can be considered as an action 
abusing or restricting economic competition, 13) or in case of serious public interest menace.  
 
                                                      
 13) Act No 136/2001 Coll. on Protection of Economy Competition and on Amendment of the Act of the 
National Council of the Slovak Republic No 347/1990 Coll. on Organisation of Ministries and Other Central 
State Administration Authorities of the Slovak Republic as amended. IP/N/1/SVK/P/3 
Page 14  
 
  (4)  Notwithstanding paragraph 1(a) and (b) co mpulsory licence may be granted in case of 
serious public interest menace.  
 
(5)  Notwithstanding presuppositions pursuant to  paragraph 1 and conditions pursuant to 
paragraph 2, a court shall be entitled to grant a co mpulsory non-exclusive licence for utilisation of a 
biotechnological invention on request, if a cultivator sh all not be able to exploit or acquire right to a 
plant variety   without infringing earlier right to a patent, if the plaintiff proves that  
a) before filing a request he has offered to a patent owner a proper conclusion of a licence 
agreement, whilst this offer was not been accepte d by a patent owner within three months from 
its filing , and 
b) plant variety represents an important technical  progress of a considerable economic importance 
comparable with an invention which is a subject -matter of a request for granting a compulsory 
licence.  
 
(6)  In case of granting a compulsory licence pursuant to paragraph 5, a patent owner shall have 
right for granting a cross compulsory licence for u tilisation of a plant variety pursuant to a special 
regulation.2) 
 
(7)  If a patent owner has granted a compulsory li cence for utilisation of a plant variety pursuant 
to a special regulation, 13b) an owner of a cultivat or certificate shall have right for granting a cross 
compulsory licence for utilisation of a biotechnological invention.    
 
(8)  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 of its part , within which an invention is being used on a basis of a compulsory licence.  
 
(9)  A holder of a compulsory licence shall be entitle d to waive rights from a compulsory licence 
by a written notice delivered to the Office. Waiver of right shall come into effect from the day of 
delivery of a notice to the Office or on a later day which is stated in a notice as a day from which a 
compulsory licence rights holder waives his rights. 
  
Article 28 
 
(1)  By granting a compulsory licence, right of a patent owner to adequate compensation shall 
remain unaffected; Article 26(3) shall apply mutatis mutandis  to purposes of determining 
compensation for exploitation of an invention, wh ich is a subject-matter of a compulsory licence. 
 
(2)  In case of substantial change of circumstanc es, which led to granting a compulsory licence, 
the court shall be entitled on a request of one of parties to licence relation to cancel a decision on 
granting a compulsory licence, provided that re-o ccurrence of reasons for granting a compulsory 
licence is improbable or compulsory licence rights have not been used during one year. 
 
(3)  The Office shall enter valid decision on gran ting and cancelling compulsory licence into the 
Register.  
  IP/N/1/SVK/P/3 
 Page 15 
 
 
  Article 29 
Validity of a patent 
 
The term of validity of a patent shall be 20 years from the filing a patent application 
(Article 35).  
 
Article 30 
Abandonment of a patent 
 
(1)   Patent owner shall be entitled to abandon a patent by a written notice delivered to the Office. 
Partial abandonment of a patent shall not be admissible. 
 
(2)  If a patent co-owner waives his proportionate owne rship, it shall be transferred to the rest of 
co-owners in a rate appropriate to  their proportionate co-ownerships. 
 
(3)  Abandonment of a patent shall come into effect on the day of delivery of a notice pursuant to 
paragraph 1 to the Office, or on a later day, whic h is stated in a notice as a day on which an owner 
shall abandon a patent.  
 
(4)  Abandonment of a patent affecting third party rights, which are entered into the Register, 
shall come into effect only after submission of a wr itten consent of a party whose rights and justified 
interests may be affected by lapse of a patent. The same shall apply in a case of existence of a 
litigation entered into the Register subject-matter of wh ich is right to a solution up to the expiration of 
six months from the day of validity of a court decision. 
 
Article 31 
Lapse of the patent 
 
(1)  Patent shall lapse: 
a) by expiry of its term, 
b) by expiry of a time limit set for payment of  administrative fees for  maintenance of  validity of a 
patent 12) (hereinafter referred to as “maintenance fees“)(Article 79(9)), 
c) from the day of effectiveness of abandonment  of a patent pursuant to Article 30(3). 
 
(2) From the day of  delivery of a request for  entry of a litigation on right to a patent into the 
Register (Article 50(4)), running of a time limit for payment of maintenance fees shall be interrupted 
to  expiry of a time limit of six months  from the validity day of a court decision. 
 
(3) Cancelled from January 1, 2008.  
 
(4) Cancelled form January 1, 2008.  
 
Article 32 
Infringement of rights 
 
(1)  In case of infringement of rights protected by this Act or jeopardising of these rights, a 
person, whose rights have been infringed or jeopa rdised, shall be entitled to claim prohibition of 
infringement or jeopardising of right and to eliminate consequences of infringement.  IP/N/1/SVK/P/3 
Page 16  
 
    (2) If a damage has been caused by infringement of rights pursuant to paragraph 1, the aggrieved 
party shall have right to compensation of actua l 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 adequa te satisfaction, which can be in form of pecuniary 
consideration.  
 
 (3) Also an aggrieved party, whose pecuniary or non-pecuniary injury has been caused directly by 
performing a preliminary injunction imposed by a c ourt on proposal filed without adequate reason, 
shall also have right to compensation of actual da mage as well as right to satisfaction pursuant to 
paragraph 2. .  
 
Article 32a 
Right to information 
 
     (1) A patent 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 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 paragra phs 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.  
 
Disputes hearing 
 
Article 33 
 
(1)  Disputes about rights pursuant to this Act sha ll 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 
right is directly  infringed or jeopardised, were 
a) withdrawn from a trade network; b) definitely removed from a trade network;  c) secured in other way by preventing furt her infringement or jeopardising of right; 
d) destroyed in a suitable way. 
 
     (3) Provisions pursuant to paragraph 2 sha ll be executed at expenses of a person infringing or 
jeopardising rights protected by this Act, unless speci al circumstances give reason for other process.   IP/N/1/SVK/P/3 
 Page 17 
 
 
      (4) Request pursuant to paragraph 2(d) in the part related to process of destruction of objects shall 
not be binding for the court.       (5) The court shall not confer right to provide  information pursuant to Article 32a, if seriousness of 
jeopardising or infringement of right were inade quate to seriousness of consequences resulting from 
fulfilment of obligation imposed in such way.  
 
Article 34 
 
(1)  In protection of rights pursuant to this Ac t, a court shall be entitled by a preliminary 
injunction 
14) to impose same obligations as in the decisi on on the merit if any delay could cause to 
entitled person a hardly reclaimable pecuniary or  non-pecuniary injury. 
 
(2)  Within a decision on the preliminary injunction the court may, also ex officio,  impose to a 
plaintiff an obligation to deposit of an adequate amount or to implicate th at a decision comes into 
force by execution of an imposed obligation. The co urt shall take into account, within its deciding on 
the amount of a warranty deposit, the seriousness of  a pecuniary or non-pecuniary injury, which can 
occur to the adverse party, as well as assets of the pl aintiff, therewith that imposing an obligation to 
pay a deposit shall not be a substantial impedi ment of efficient application of right. 
 
(3)  The court may on request to decide on giving a warranty deposit over to the adverse party as 
a compensation of pecuniary or non-pecuniary inju ry in finance caused directly by execution of 
preliminary injunction issued without an adequate reason.  
 
(4)  If within the period of six months from de tection of injury o ccurrence pursuant to 
paragraph 3, compensation or satisfaction is not ap plied at the court or an agreement on using the 
warranty deposit between parties is not conclude d, the court shall refund the warranty deposit. 
 
PART THREE 
PROCEEDINGS BEFORE THE OFFICE 
 
Article 35 
Filing date of patent application 
 
(1)  Proceedings on application shall start by filing an application with the Office. 
 
(2)  Unless stated otherwise below, filing date of an application shall be a day of delivery or 
amendment of filing  containing at least 
a) data indicating an apparent intention of  an applicant to file an application,  
b) data enabling identification of an ap plicant and contact with an applicant, 
c) part of appearing as a description.  
(3)  Obligation of an applicant pursuant to Article 798) shall not apply for purposes of 
determination of filing date of an application in  relation to data pursua nt to paragraph 2(c). 
                                                     
 
14) Articles 74 to 77 and Article 102 of The Rules of Civil Procedure. IP/N/1/SVK/P/3 
Page 18  
 
  (4)  If the Office ascertains that an applicati on fails to meet requirements pursuant to 
paragraph 2(c) or is not complete, the Office shall invite an applicant to amend an application.   
 
(5)  In case pursuant to paragraph 4 day of amen dment of missing part of filing shall be 
considered as filing date of an application. 
 
(6)  Determination of filing date of  an application pursuant to para graph 5 shall not apply if an 
applicant withdraws his filing in the part ame nded in after amendment of filing for reason of 
incompleteness pursuant to paragraph 4. 
 
Article 35a 
 
     (1) An applicant shall be entitled to substitute  a part of filing pursuant to Article 35 (2)(c) with a 
reference to earlier application if he applied priority right pursuant to Article 36(2) in the application.  
 
     (2) Reference to an earlier applica tion pursuant to paragraph 1 shall contain  
a) an explicit manifestation of will of an applican t that a part of filing pursuant to Article 35(2)(c) 
shall be substituted by a referen ce to an earlier application, 
b) filing number of an earlier application,  c) filing date of an earlier application, d) a state where an earlier application has been file d, eventually an authority with which an earlier 
application has been filed. 
      (3) An applicant shall be obliged to submit on invitation of the Office within two months a copy of 
an earlier application; if an earlier application is not in an official language, an applicant shall be 
obliged to submit on invitation of the Office within  two months also a translation into the official 
language.  
      (4) If a reference to an earlier application pursuant to paragraph 1 fails to contain requirements 
pursuant to paragraph 2 or an applicant fails to co mply with an invitation of the Office pursuant to 
paragraph 3, an application shall be  deemed not to have been filed. If an application is deemed not to 
have been filed, the Office shall inform an applicant about this fact.  
 
Article 36 
Priority right 
 
(1)  Priority right for an applicant shall be established   
a) on filing date of an application or 
b) on priority date in accordance with an international convention 
6) following from the first 
application, utility model application or author’s certificate or utility certificate. 
 
(2)  Priority right, which follows from an international convention6), shall be claimed by an 
applicant in an application.  
 
(3)  Priority right pursuant to paragraph 2 may be clai med if the first application is filed in a state 
or in relation to a State which is a contr acting party to an international convention 6) or which is a  IP/N/1/SVK/P/3 
 Page 19 
 
 
  member state of the World Trade Organisation. 7) Otherwise this right may be claimed only under the 
condition of reciprocity. 
 
(4)  If an applicant who has filed an application with in a time limit of 12 months from the date of 
rise of  priority right, fails to claim priority ri ght pursuant to paragraph 2, the Office shall grant 
priority right on  basis of a request for subsequent  granting of priority right filed within 16 months 
from the date of rise of  priority right, but no later than  
a) within a time limit of four months from the filing date of an application, 
b) on the day of filing a request for an earlier pub lication of an application (Article 41(2)). 
 
(5)  If an applicant files an application after  expiry of 12 months from the day of rise of priority 
right despite of reasonable care required by circumstances, the Office shall grant priority right on  basis of a request for subsequent granting of priority right, provided that 
a) an application as well as a request for subsequent gr anting of priority right have been filed within 
the time limit of 14 months from the date of rise of priority right, 
b) an applicant shall adequately substantiate in his request  delayed filing  an application and 
particularly state facts preventing him fro m filing an application in due time, . 
 
(6)  The Office may invite an applicant to prove  claimed priority right by a priority right 
document (hereinafter referred to as “priority docume nt“) within a time limit specified by the Office, 
but not earlier than 16 months from the day of rise priority right.  
 
(7)  If an applicant fails to prove  priority right properly and in due time pur suant to paragraph 6, 
the Office shall grant  priority right on  basis of a reasoned request for subsequent recognition of a priority document, provided that 
a) request for  issue of a priority document has been filed with a co mpetent authority at the latest 
within  one month  from the day of delivery of  request to the Office pursuant to paragraph 6 , 
b) request for subsequent recognition of priority doc ument together with a priority document has 
been filed within one month from the day of deliv ery of a priority document to an applicant. 
 
(8)  If examination of patentability of an inventi on depends on granting priority right, the Office 
may invite an applicant to submit a translation of a priority document into the Slovak language or into 
one of official languages of the European Patent Office in accordance with a choice of an applicant. 
 
(9)  In case of reasonable doubts about veracity of reasoning pursuant to paragraphs 5 and 7, the 
Office may invite an applican t to prove his statements.  
 
(10) An applicant shall be obliged to pay an ad ministrative fee Article 79(9) for request pursuant 
to paragraphs 4, 5, and 7.  
 (11) Claiming and proving priority right which fails  to meet conditions pursuant to this provision 
and pursuant to generally binding re gulation, shall not be taken into  consideration by the Office in 
proceedings. The Office shall notify an applicant on this fact. 
 
       (12) The Office shall issue a priority  document certifying priority right following from 
application, international application or European patent application filed w ith the Office on request 
of an applicant or a patent owner after paym ent of administrative fee (Article 79(8))..  IP/N/1/SVK/P/3 
Page 20  
 
  Article 36a 
 
(1) If an applicant, before filing an application, has filed a utility model application with identical 
subject-matter in the Slovak Republic, he may request, with filing an application, granting a date of 
filing or also priority right from this utility model a pplication. The Office shall grant a date of filing to 
an application or also priority right from this utility model application, if an application is filed within 
a time limit of 36 months form filing a utility m odel application; if proceedings on utility model 
application have been suspended or a utility model a pplication has been refused, an application shall 
be filed within a time limit of 2 months form delivery of this decision, at latest within 36 months from 
filing a utility model application.  
 
(2) An applicant claiming priority right pursuant to paragraph 1 shall be obliged within a time limit 
of 3 months from filing an application to submit orig inal of a utility model application, date of filing 
or priority right of which he has been claiming, ot herwise it shall not be taken into consideration.  
 
Article 37 
Application 
 
(1)  A patent application may be filed by a pe rson or persons who have right to a solution 
pursuant to Article 10(1) and (3), Article 11(1) or Article 12(1). 
 
(2)  If right to a solution belongs to several persons , an application may be filed by one or some 
of these persons in his name or their names. On basis of a request supported by a written agreement 
concluded between an applicant or applicants and a person, who has right to file an application 
pursuant to paragraph 1, the Office shall enter su ch person into the Register as a co-applicant. 
 
(3)  Application may contain only one invention or  a group of inventions, which are mutually 
related in such a manner, that they  create a single inventive concept.  
 
(4)  An invention shall be described and explained in an application clearly and completely so 
that it can be carried out by a person skilled in the art. 
 
(5)  Application shall contain: 
a) request for granting a patent, 
b) description of an invention, abst ract and drawings, if any,  
c) at least one applied patent claim , 
d) identification data of an applicant or co-applicant, 
e) identification data of an inventor or co-inventors, 
f) document on acquiring right to a patent, if an applicant is not an inventor. 
 
(6)  An applicant shall be obliged to pay an administrative fee for filing an application 
(Article 79(8)).  
  IP/N/1/SVK/P/3 
 Page 21 
 
 
  Article 38 
Special provision on application of biotechnological invention 
 
(1)  If a subject-matter of an invention is biological  material or utilisation of biological material, 
which is not available to public a nd which cannot be described in an application in a manner that it 
can  be carried out by a person skilled in the art,  description shall be deemed sufficient only provided 
that 
a) biological material has been deposited in a recognised depository institution no later than 
by the filing date of an application, 
b) application as filed contains information on   characteristics of  deposited biological 
material, which has been av ailable to an applicant, 
c) application states name and seat of a r ecognised depository institution, as well as a 
deposit number of deposited sample. 
 
(2)  Deposited biological material shall be ava ilable by providing a sample on request from the 
publication day of an application up to granting a patent. An applicant shall be entitled on request 
filed with the Office before publi cation of an application to limit  an access to deposited biological 
material only for independent experts.   
 
(3)  After granting a patent irrespective of its cancel lation or lapse, deposited biological material 
shall be available by providing a sample on request 
 
(4)  Deposited sample may be provided only if a requesting person or independent expert 
pursuant to paragraph 2, second sentence, shall bou nd himself that during the term of a patent 
a) he shall provide neither sample nor mate rial derived from it to third party,  
b) he shall utilise sample and material deri ved from it only for experimental purposes, 
unless an applicant or a patent owner exp licitly repeals this obligation for him.  
 (5) Applicant shall be entitled on request filed with  the Office before publication of an application to 
limit an access to deposited biological material for time limit of 20 years from the day of filing an application only for independent experts for case that  an application would be refused or proceedings 
on application would be suspe nded; paragraph 4 shall apply mutatis mutandis.  
 
(6) In case of doubts about accessibility of biological   material to public or about sufficiency of 
description pursuant to paragraph 1,  
 
Article 39 
Interruption of application proceedings 
 
(1)  The Office shall interrupt application proceed ings after the court litigation for right to a 
solution has started., .  
 
(2) Time limits pursuant to this Act, with exception of a time limit pursuant to Article 41(1), shall 
be stopped. During the interruption of the proceedings the running, the  
 
(3) When a decision, by which a proposal for forfeiture  of application rights and transfer of them 
(Article 48(3)) has been satisfied, comes into ef fect, the Office shall continue in proceedings 
interrupted pursuant to paragraph 1. IP/N/1/SVK/P/3 
Page 22  
 
  Preliminary examination of application 
 
Article 40 
 
(1)  Within preliminary examination the Office shall ascertain whether 
a) conditions to determine filing date  of an application pursuant to Article 35 have been met, 
b) conditions to confer  priority right pur suant to Article 36 have been met, 
c) application meets conditions pursuant to Articles 37, 38 and 59, 
d) application meets conditions pursuant to  a generally binding regulation (Article 80), 
e) applicant has paid an appropriate admini strative fee pursuant to Article 79(9),  
f) applicant is being represented by an author ised representative pursuant to Article 79(1), 
g) application does not contain a subject-matter which clearly fails to meet conditions pursuant to 
Article 5(1) or is not being considered to be an invention pursuant to Article 5(3), or which is a 
subject to exclusion from patentability pursuant to Article  6. 
 
(2)  In case of doubts the Office may invite an app licant to prove utility of a subject-matter of an 
application by its demonstrating or in another suita ble manner. If an applicant fails to prove utility or 
fails to comply with an invitation, subject-matte r of an application shall be deemed not to be 
utilisable.  
 
(3)  In case that irregularities have been ascerta ined pursuant to paragraph 1(e) and (f) or 
Article 35(2), or Article 37(3) and (5), or Artic le 799), or pursuant to implementing regulation  
(Article (80)), the Office shall invite an applican t to correct these irregularities within the prescribed 
time limit or to respond to the invitation. If an appli cant fails to comply with the invitation within the 
prescribed time limit or his response fails to rebut validity of the invitation , the Office shall suspend 
application proceedings. An appli cant shall be notified in an inv itation about this consequence.  
 
(4)  If an application fails to meet conditions pursu ant to Article 37(1) and (4) or Article 38(1) 
to (3) or a subject-matter of an application evidentl y fails to meet conditions pursuant to Article 5(1), 
or it is not being considered to be  an invention pursuant to Article 5( 3), or is subject to exclusion from 
patentability pursuant to Article 6, or an assumption pursuant to paragraph 2 applies, the Office shall 
refuse an application. Before an application is refu sed, the Office shall enable an applicant to respond 
to ascertained reasons for refusal of an application. 
 
(5)  If conditions for claiming priority right pursuant to Article 36(2) to (9) and pursuant to 
generally binding regulation (Article  80) have not been met, the Office shall grant to an applicant 
priority right pursuant to Article 36(1)(a). 
 
Article 41 
 
(1)  The Office shall publish an application after e xpiry of 18 months from rise of priority right 
without delay and shall communicate this publication in the Journal. 
 
(2)  An application may be published before expiry of the time limit prescribed in paragraph 1, if 
an applicant requests it no later than within 12 months from rise of priority right and if he pays 
administrative fee (Article 79(9)). The Office shall publish an application before expiry of the time 
limit prescribed in paragraph 1, if a patent has al ready been granted for an invention; the Office shall  IP/N/1/SVK/P/3 
 Page 23 
 
 
  not publish an application before expiry of 12 mont hs from  rise of  priority right without consent of 
an applicant.  
 
(3)  The Office may publish, together with an application, a search report on a state of the art 
related to an invention applied in an application.  
 
Article 42 
 
(1)  Any person may file oppositions on patentability of a subject-matter of an application with 
the Office after publication of an application; the Office shall take them into consideration during 
substantive examination of an application. 
(2)  Persons who have filed oppositio ns pursuant to paragraph 1 shall not become parties to 
application proceedings. However, an applicant sh all be notified about oppo sitions and shall have 
right to respond to them. 
 
Substantive examination of an application 
 
Article 43 
 
(1)  On request of an applicant, third party or ex officio , the Office shall conduct without delay 
substantive examination of an application, in wh ich it shall ascertain whether an application meets 
conditions for granting a patent prescribed by this Act.  
 
(2)  Request for conducting substantive examination has to be filed no later than within 36 
months from filing an application (Article 35) and it cannot be withdrawn. Re questing person shall be 
obliged to pay administrative fee (Ar ticle 79(9)) together with a request.  
 
(3)  If a request for conducting substantive examina tion has not been filed properly within the 
time limit prescribed in paragraph 2, or if within  the same time limit the Office failed to start 
substantive examination of an application ex officio , the Office shall suspend application proceedings.  
 
(4)  The Office shall notify an applicant without delay about starting of substantive examination 
on request of a third party or ex officio . 
 
Article 44 
 
(1)  If conditions stipulated for granting patent are not met (Articles 5, 7, 8 and 9), the Office 
shall refuse an application. Before an application is refused, the Office sha ll enable an applicant to 
respond to ascertained reasons on basis of which an application shall be refused.  
 
(2)  If the Office additionally ascertains irregulariti es in an application or failure to meet 
conditions, which are subject-matter of preliminary examination of an application, it shall proceed 
according to Article 40(2) to (5). 
 
(3)  If several applications with an identical subject -matter have been filed, only one patent shall 
be granted to one applicant. .  
 IP/N/1/SVK/P/3 
Page 24  
 
  (4)  If a subject-matter of an application meets sti pulated conditions and an applicants pays an 
appropriate administrative fee (Article 79(9)), the O ffice shall grant a patent to an applicant and an 
applicant shall become an owner of a patent. The Office shall issue a patent document to an owner 
and granting of a patent shall be published in the Journal. 
 
(5)  Owner of a patent shall be obliged to pay admi nistrative fee for maintenance (Article 79(9)).  
 
Article 45 
Amendment and division of application 
 
(1)  The applicant shall be entitled to amend an application in the course of proceedings on 
application; amendments and changes shall not exceed the scope of an application as filed.  
 
(2)  An applicant shall be entitled to divide an a pplication up to time of granting a patent pursuant 
to Article 44(4). The Office shall confer the fili ng date and eventually priority right from the 
application as filed to divisional applicati ons if they shall not exceed its scope.  
  (3) If an application had been divided after substan tive examination started pursuant to Article 43, 
divisional application shall be considered as an application in which a request for substantive 
examination was filed.  
 
Revocation and partial revocation of a patent 
 
Article 46 
 
(1)  The Office shall revoke a patent if during  proceedings started on third party request or ex 
officio  it is proved that 
a) requirements for its granting  pursuant to Articles 5 to 9 have not been met, 
b) invention has not been disclosed and described in a patent so clearly and fu lly so that it could be 
carried out by a person skilled in the art, 
c) subject-matter of a patent exceeds content of an a pplication as filed. This shall also apply in case 
if subject-matter of a patent granted on  basis of  a divisional application exceeds contents of an 
application as filed,  
d) scope of protection following from  patent was exceeded, 
e) ownershall not be entitled to a solution  pursuant to Article 10(1) and (3), Article 11(1) or 
Article 12(1). 
f) requirements for its granting  pursuant to regulati ons valid in time of its granting have not been 
met.  
 
(2)  If reasons for revocation are concerning a patent  partially, a patent shall be revoked only to 
extent adequate to ascertained reasons, by amendmen t of patent claims, description or drawings.  
 
(3)  If a patent has been revoked, it shall apply th at it has never been granted within the scope 
affected by revocation. 
 
(4)
  The Office shall be entitled to revoke a patent  also after its lapse, if a requesting person 
proves his legal interest.   IP/N/1/SVK/P/3 
 Page 25 
 
 
  (5)  The Office shall be entitled to revoke a patent partially pursuant to paragraph 2 and also on 
request of its owner notwithstanding existe nce of grounds pursuant to paragraph 1. 
 
(6)  The Office shall notify a decision on revocation or partial revocation of a patent in the 
Journal.  
 
(7)  Requesting person shall be obliged to pay an administrative fee (Article 79(9)) with filing a 
request pursuant to paragraphs 1 and 5.    
 
Article 47 
 
(1)  If a request for revocation or partial revocati on of a patent (hereinafter referred to as 
“revocation request”) fails to contain requirement s stipulated by a generally binding regulation 
(Article 80) or if a person requesting revocatio n is not being represented by an authorised 
representative pursuant to Article 79(1) or if an admi nistrative fee has not been paid (Article 79(9)), 
the Office shall invite a requesting person to correct  ascertained irregularities w ithin a prescribed time 
limit. If a requesting person fails to comply with an invitation within a prescribed time limit, the 
Office shall suspend proceedings on revocation request . Requesting person shall be notified about this 
consequence in an invitation.  
 
(2)  If proceedings have not been suspended pursu ant to paragraph 1, the Office shall deliver 
revocation request to a patent owner and shall invite him at the same time to respond to request within 
a prescribed time limit and also to indicate proofs and supplement documents. 
 
(3)  If a patent owner fails to respond within the time limit specified in an invitation, the Office 
shall continue in proceedings and shall be entitled to make a decision on  basis of  contents of a file. 
 
(4)  The Office shall proceed pursuant to paragraph 3 also in the case if a patent owner is not 
being represented by an authorised representative pursuant to Article 79(1). If an owner fails to 
comply with an invitation to submit an authorisa tion within a prescribed time limit, he shall be 
deemed not to have respon ded to a revocation request. 
 
(5)  If it is impossible to decide on a basis of written filings of parties, the Office shall determine 
a date for oral proceedings. The Office shall at the same time deliver to a requesting person a 
statement of an owner to his request.  
 
(6)  The Office may continue in proceedings and decide on the merit also in case if a duly 
summoned party fails to participate in the oral proceedings.  
 
(7)  Extension or supplementing a revocation re quest, as well as extension or supplementing a 
statement of a patent owner in proceedings pursuan t to Article 46(1) shall be inadmissible; such 
extension or supplementing shall not  be taken into consideration by the Office within  proceedings 
and deciding.  
 
(8)  At the time of proceedings on patent revocati on pursuant to Article 46(1), proceedings on a 
request of an owner pursuant to Article 46(5) shall be interrupted. IP/N/1/SVK/P/3 
Page 26  
 
  Article 48 
Forfeiture of patent and transfer 
 
(1)  The Office shall, on request, forfeit a patent from a patent owner entered into the Register 
and a requesting person shall be entered as a patent owner if 
a) it has been determined by a valid decision of a c ourt that a person originally entered as an owner 
was not entitled to a right to a solution pursuan t to Article 10(1) and (3), Article 11(1) or 
Article 12(1), 
b)  request has been filed by a person who, according to a valid decision of a court, has  right to a 
solution, or by his legal successor in title, 
c) request has been delivered within three months from the day of validity of a court decision. 
 
(2)  Provided that requirement pursuant to paragraph 1(a) has been met, if a request pursuant to 
paragraph 1 has not been filed or it  has not been filed by an authori sed person or within the prescribed 
time limit, the Office shall revoke a patent ex officio  due to a reason pursuant to Article 46(1)(e). 
 
(3)  Paragraph 1 shall apply mutatis mutandis  to forfeiture of rights from an application and their 
transfer to an entitled person. . If rights from an appl ication have not been transferred due to reasons 
pursuant to paragraph 2, the Office shall refu se an application pursuant to Article 40(4). 
 
(4) Article 47(1) to (6) shall apply mutatis mutandis  to proceedings pursuant to paragraphs 1 
to 3.. 
 
(5)  Together with filing a request pursuant to pa ragraphs 1 and 3 a requesting person shall be 
obliged to pay an administrative fee (Article 79(9)).  
 
Article 49 
Determination proceedings 
 
(1)   The Office shall determine on request whethe r a subject-matter stated and described in a 
request falls within the scope of protection of a certain patent (hereinafter referred to as 
“determination request”). 
 
(2) On basis of an explicit proposal of a proposing person, also a person, whose rights and 
obligations may be affected by a decision on determin ation, shall be party to proceedings pursuant to 
paragraph 1.  
 
(3) In case that a determination request has been filed in relation with  pending court proceedings 
subject-matter of which is right protected by this Act, all parties to court proceedings, whose rights 
and obligations may be affected by determination proceedings and deciding on determination, shall be 
parties to determination proceedings. 
 
(4)  Provision of Article 47(1), (5) the firs t sentence, and paragraph 6 shall apply mutatis 
mutandis  to proceedings to which a proposing person sh all be an exclusive party, otherwise for 
determination proceedings provisions of  Article 47(1) to (6) shall apply 
mutatis mutandis . 
  IP/N/1/SVK/P/3 
 Page 27 
 
 
  (5)  Proposing person shall be obliged to pay an administrative fee pursuant to Article 79(9) 
together with determination request. 
 
Article 50 
Entry of licence, right of lien, assignment or transfer  
of a patent and court litigation into the Register 
 
(1)  Article 47(1) shall apply mutatis mutandis  to proceedings on request for entry of licence, 
right of lien, assignment or transfer of a patent (her einafter referred to as “re quest for entry of right”) 
and a court litigation into the Register. .  
 
(2)  In case of doubts the Office may ask for submission of a certified copy or of an original of a 
patent document proving acquisition of right or other supplementary data. 
 
(3)  Provisions of paragraphs 1 and 2 shall not apply to compulsory licence, which shall be 
entered into the Register by the Office ex officio  after delivery of a valid court decision on its 
granting.  
 
(4)  On request of a party to court proceedings, subj ect-matter of which is right protected by this 
Act, supplied with a copy of filing with a court certified by a court, the Office shall enter into the 
Register the fact that court proceedings are pending as well as a subject-matter of proceedings, with 
effect from the day of delivery of a request to the Office. 
 
(5)  An applicant shall be obliged to pay administra tive fee (Article 79(9) together with a request 
pursuant to paragraphs 1 and 4.  . 
 
Article 51 
Further processing 
 
(1)  On request of a party to proceedings on extens ion of the time limit for performing an act set 
by the Office, filed before the expiry of such time limit, the Office shall be entitled to extend the time 
limit. 
 
(2)  If a party to proceedings before the Office has failed to comply with the time limit for 
performing an act set by the Office, he shall be entitled to ask the Office for further processing and at 
the same time to perform the omitted act no late r than two months from delivery of the official 
decision issued as a consequence of failu re to comply with the time limit.  
 
(3)  An applicant shall be obliged to pay an admini strative fee (Article 79(9)) together with filing 
a request pursuant to paragraphs 1 or 2.  .  
 
(4)  A request pursuant to paragraph 2 shall be  refused in case of a time limit pursuant to 
Article 47 (1) and (2).   
 
(5) The Office shall refuse a request for extension of  a time limit or for further shall be refused 
pursuant to paragraph 4 ; before decision on refu sing request the Office shall enable a requesting 
person to respond to ascertained reasons on b asis of which the request shall be refused. 
 IP/N/1/SVK/P/3 
Page 28  
 
  (6)  If the Office accords a request for further pro cessing legal effects of a decision issued as a 
consequence of failure to comply with a time limit shall cease or shall not occur.  
 
(7)  If the Office fails to decide about refusing a request pursuant to paragraph 1 within two 
months from its delivery and administrative fee has been paid duly and in time pursuant to 
paragraph 3, the request shall be deemed to be satisfied.  
 
Article 52 
Restitutio in integrum 
 
(1)  If a party to  proceedings before the Office uni ntentionally fails to comply with legal time 
limit or time limit for performing an act set by the Office whereas the consequence of failure to perform this act is proceedings suspension or forfeitu re 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 
removal of impediment causing the failure of perform ing an act, no later than within 12 months from  
expiry of  non-complied time limit. 
 
(2)  Requesting person shall be obliged to pay an ad ministrative fee (Article 79(9)) together with 
filing a request pursuant to paragraph 1..  
 
(3)  Party to proceedings shall be obliged to su stain request pursuant to paragraph 1 and state 
facts preventing performing an act and a date of ce asing of impediment preventing performing an act. 
The Office shall not take into consideration stat ements submitted after time limits pursuant to 
paragraph 1 expired in deciding about request.   
 
(4)  In case of reasonable doubts about veracity of a statement pursuant to paragraph 3 the Office 
is entitled to invite requesting person to prove his statements. 
 
(5)  Request for restitutio in integrum  shall not be satisfied in case of failure to comply with time 
limits for 
a) filing a request for further processing pursuant to Article 51(2) and request for restitutio in 
integrum  pursuant to paragraph (1), 
b) additional conferring and prov ing priority right pursuant to Article 36 (4), (5) and (7),  
c) filing a remedy in proceedings before the Office pursuant to Article 55(1),  d) performing acts pursuant to Article 47(1) and (2).  
(6)  The Office shall refuse request for restitutio in integrum  which fails to comply with 
conditions pursuant to paragraphs 1 and 3, or which is not possible to be satisfied pursuant to 
paragraph 5, or requesting person fa ils to prove his statements pursua nt to paragraph 4; before the 
request is refused the Office shall enable reques ting person to respond to ascertained reasons on basis 
of which request is to be refused. 
 
(7)  If the Office satisfies request for restitutio in integrum , legal effects of decision issued as a 
consequence of failure to comply with the time limit shall cease or shall not arise.  
 
(8)  Third party that has exploited an invention, wh ich was a subject-matter of an application or a 
patent or has made provable preparations immediat ely aiming to utilisation of such invention within 
the territory of the Slovak Republic in a good faith fr om validity of a decision issued as a consequence  IP/N/1/SVK/P/3 
 Page 29 
 
 
  of failure to comply with the time limit until the la pse of legal effects of this decision pursuant to 
paragraph 7, shall be entitled to exploit an inventio n within his business activity without an obligation 
for remuneration for exploitation of an invention. 
 
(9)  Assignment or transfer of right of an entitle d user pursuant to paragraph 8 shall be possible 
exclusively as a part of assignment or transfer of a company or its part, within which an invention is 
being used. 
 
Article 53 
Grounds for  decision 
 
(1)  Party to administrative proceedings before the O ffice (hereinafter referred to as “party”) shall 
be obliged to submit or propose evidence in support his statements. 
 
(2)  The Office shall exercise evidence and eval uate evidence at its discretion, namely each 
evidence separately and all eviden ces in their mutual relations. 
 
(3)  The Office shall decide on basis of facts ascertained from exercised  evidence submitted or 
proposed by parties. 
 
Article 54 
Costs of proceedings 
 
(1)  Costs of proceedings shall be particularly cash expenses of parties and their representatives, 
including administrative fee, loss of earnings of parties, costs of evidence and remuneration for 
representing by a patent representative, 16) attorney, 17) or commercial lawyer. 18)  
 
(2)  Each party shall bear costs of proceedings wh ich have incurred to hi m personally and to his 
representative. 
 
(3)  Witnesses shall be entitled to reimbursement of cash expenses and loss of earnings. This 
right shall cease if it is not claimed within three days from hearing or from the day on which the 
witness was notified about cancellation of hearing. 
 
(4)  If an expert’s report has been submitted, an e xpert shall be entitled to a reimbursement of 
cash expenses and remuneration pursuant to special regulations. 19) 
 
(5)  Person who has been imposed an obligation to submit a document or to enable inspection of 
an object by the Office during proceedings on evidence,  , shall have same rights as a witness, if he is 
not a party to proceedings. 
                                                      
16) Decree of Federal Office for Inventions No 350/1991 Coll. on Remuneration of Patent Attorneys. 
 17) Decree of the Ministry of Justice of the Slovak Republic No 240/1990 Coll. on Remuneration of 
Attorneys for Providing Legal Advice as amended.  
18) Decree of the Ministry of Justice of the Slovak Republic No 180/1991 Coll. on Remuneration of 
Commercial Lawyers for Providing Legal Advice as amended. 
 19) Act No 36/1967 Coll. on Experts and Interpreters as amended by Act  No 238/2000 Coll.; Decree of 
the Ministry of Justice of the Slovak Republic No 263/1996 Coll. which implements the Act No. 36/1967 on 
Experts and Interpreters as amended by 294/2000 Coll. IP/N/1/SVK/P/3 
Page 30  
 
  (6)  The Office may order a party to deposit adva nce payment for costs of evidence proposed by 
him, in amount of assumed costs, if ordering of such duty does not represent a substantial obstacle of effective enforcement of right.  
 
(7)  If a party fails to comply with an invitation to deposit advance payment within the prescribed 
time limit, the Office shall continue in proceed ings as though a proposal for evidence has not been 
filed. 
 
(8)  If costs which are not covered by advance paym ent pursuant to paragraph 6 to the Office, the 
Office shall be entitled to their compensation from pa rty who has not been successful in proceedings.  
 
(9)  The Office is entitled to declar e the Successful party to proceed ings for right to compensation 
of costs incurred for effective enforcement of right against unsuccessful party. If a party to 
proceedings has been successful on the merit only pa rtially, the Office shall share compensation of 
costs proportionally or shall not confer right to such compensation of costs to any party.  
 
(10) Party shall apply compensation of proceed ings costs no later than till the day when the 
decision on the merit as such is issued. 
 
Article 55 
Remedies 
 
(1)  An appeal against decision of the Office may be lodged within 30 days from delivery of 
decision.  
 
(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 concer ning several parties to proceedings on one side. 
 
(3)  Filing an appeal shall not be admissible against a decision by which 
a) request for further proceedings or for restitutio in integrum has been   satisfied, 
b) proceedings have been suspended pursuant to Article 79(5). 
 
(4)  Deleted from January 1, 2008.  
 
Article 56 
Data accessibility 
 
(1)  Before a patent application is being publis hed the Office shall be entitled to notify third 
parties without consent of an applicant only data w ho is inventor, patent applicant, name and file 
number of an patent application and data a bout priority right, unless stated otherwise . 
 
(2)  Irrespective of paragraph 1, the Office shall on re quest enable a patent owner or an applicant 
or a person vis-à-vis  who rights from non-published application have been applied to inspect file 
relating a non-published application, if a non-published a pplication refers to a pa tent or application of 
this patent owner or this applicant. .     
  IP/N/1/SVK/P/3 
 Page 31 
 
 
  (3)  After application is being published, the Offi ce shall on request enable any person to inspect 
file relating an application or a patent, unless stated otherwise.  
 
(4)  Right for file inspection shall include right for making photocopies on payment . 
 
(5)  On  written request of an inventor stated in an application pursuant to Article 37(5) the Office 
shall not make accessible his identification data to th ird parties, particularly with publication of an 
application, notice of granting a patent, issuing a patent document, issuing an abstract of record and with file inspection.  
 
(6)  On a written request, by proving an emergent legal interest, the Office shall be entitled to 
notify requesting person whether a person indicated by him is in an application as an inventor, or not. 
 
(7)  On a written request of an applicant or a patent owner, parts of a file containing a trade secret 
or other confidential information, publication of which is not necessary for securing right to 
information of third parties including parties to proceedings, shall be excluded from file inspection. 
 
(8)  Rights pursuant to paragraphs 1 to 3 shall not  be applied in relati on to applications and 
patents kept confidential pursuant to a special regulation, 
20) to record on voting and to parts of a file 
containing supplementary notes or draft versions  of decisions, assessments or standpoints . 
 
Article 57 
Register and Official Journal 
 
(1)  The Office shall keep 
a) Register in which decisive data concerning  a pplications and granted patents are entered,  
b) European Patents Register in which decisive data concerning granted European patents with 
designation for Slovak Republic are entered, 
c) a Register in which decisive data concerning a pplications for granting supplementary protection 
certificates for medicinal products or plant pr otection products, and granted supplementary 
protection certificates for medicinal products or plant protection products are entered. 
 
(2)  Data entered into registers pursuant to paragra ph 1 shall be considered 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 entered without delay into the Register by the Office after delivery of 
decision with a validity clause. 
 
(4)  Entry of data and facts ensuing from law or fro m decision of a relevant authority shall not be 
considered a decision issued in proceed ings pursuant to a special regulation. 21) 
(5)  Any person shall be entitled to inspect  Registers stated in paragraph 1. 
 
                                                      
20) Act No 241/2001 Coll. on Protection of Confidential Matters as amended. 
21) Act No 71/1967 Coll. on Administrative Pr oceedings (Administra tive Procedure Code). IP/N/1/SVK/P/3 
Page 32  
 
  (6)  The Office shall issue the Official Journal in which facts concerning published patent 
applications, European patent applications as we ll as patents, European patents, supplementary 
protection certificates and their protection are published. 
 
Article 58 
International application 
 
(1)  An international application 1) may be filed with the Office by  
a) natural persons who are nationa ls of the Slovak Republic, 
b) natural persons or legal entities with residence,  seat, establishment or organisational component 
within the territory of the Slovak Republic,  
 
(2)  Applicant shall be obliged to pay an admini strative fee (Article 79(9)) for acts relating to 
filing an international application and to pa y fees specified by the Patent Co-operation 
Treaty 
1)through the Office.  
 
(3)  An applicant for an international application1) requesting granting a patent in the Slovak 
Republic shall be obliged to submit this  internati onal application to the Office within the time limit of 
31 months from the priority date, to pay an admini strative fee for filing an a pplication (Article 79(9)) 
and to submit its translation into the official language. 
 
     (4) If an applicant for an international application1) requesting granting a patent in the Slovak 
Republic fails to submit this intern ational application to the Office within the time limit pursuant to 
paragraph 3, the Office shall confer priority right to the application pursuant to Article 36(1)(a). (5) 
On request of an applicant, provided that conditi ons pursuant to paragraph 3 have been met, the 
Office may begin proceedings on inte rnational application also before expiry of time limits laid down 
in paragraph 3. 
 
Protection of confidential information 
 
Article 59 
 
(1)  If a national applicant knows or due to circumstances should know that an application 
contains confidential information pursuant to a special regulation, 20) he shall be obliged to request 
confidentiality for an application in the application.  
 
(2)  Applicant shall be obliged to file an app lication pursuant to paragraph 1, which is an 
international application or a European patent application, with the Office.  
 
(3)  The Office after conferring a filing date (Ar ticle 35) shall deliver one version of an 
application to the National Security Office 20) (hereinafter referred to as “Security Office”) together 
with request for decision on confidentiality of an application pursuant to a special regulation 20) or 
with request for permission of filing an application abroad.  
 
(4)  The Office may proceed pursuant to paragra ph 3 also in case when an applicant has not 
requested confidentiality for an appli cation pursuant to paragraph 1.  
(5)  The Security Office shall decide on request pursuant to paragraph 3 and deliver decision to 
the Office. In case that an international conven tion, treaty or agreement, by which the Slovak  IP/N/1/SVK/P/3 
 Page 33 
 
 
  Republic is being bound, enables it, the Security  Office shall supplement decision with a request 
confidentiality for subject-matter of an application by contracting part y, in which an application shall 
be filed. The Office shall notify an appli cant on decision of the Security Office.   
 
(6)  Application pursuant to paragraph 1, which is neither a European patent application nor an 
international application, may be filed by an applic ant directly abroad only on basis of permission of 
the Security Office pursuant to paragraph 3, issued on request of an applicant. 
 
(7)  If in a consequence application confidentia lity or as a result of refusing request for 
permission to file an application abroad pecuniar y injury, consisting in preventing or restricting 
commercial exploitation of a patent (A rticle 3(h)), incurs to a patent owner, he shall be entitled to a 
compensation of pecuniary injury towards the Sl ovak Republic represented by a state administration 
authority to competence of which subject-matte r of a confidential application belongs.   
 
(8)  Article 11(5) shall apply mutatis mutandis  to determination of amount of pecuniary injury 
pursuant to paragraph 7. 
 
(9)  Patent applications, European patent app lications or international applications, for 
confidentiality of which contracting party or foreig n applicant request pursuant to an international 
convention, treaty or agreement binding for the Sl ovak Republic, shall be considered confidential 
pursuant to a special regulation. 20) A foreign applicant who does not act  on behalf of contracting party 
shall be obliged to prove confidentiality of subject-m atter of an application by contracting party, to 
submit permission of contracting party for filing an application in the Slovak Republic and to 
supplement a declaration on waiving any claims fo r compensation of damage or other pecuniary 
injury which might occur as a result of confidentiality  of an application within the territory of the 
Slovak Republic. 
 
(10) Provisions of this Act shall apply to pro ceedings on applications which are confidential or 
deemed to be confidential pursuant to a special regulation, 20) with exception of publication 
(Article 41) and accessibility of data (Article 56)  related to confidential application or patent. 
 
(11) If the Security Office does not consider f acts contained in an application confidential 
pursuant to a special regulation, 20) the Office shall notify this fact to  an applicant and shall proceed on 
an application without confidentiality regime. 
 
PART FOUR 
IMPLEMENTATION OF THE EUROPEAN PATENT CONVENTION 
 
Article 60 
Effects of the European patent application 
 
(1)  European patent application designated for th e Slovak Republic (hereinafter referred to as 
“European Patent Application”) shall have from the conferred filing date or from the day of rise of 
priority right claimed by a European patent appli cant same effects as a patent application filed 
pursuant to Article 35 on the same day, or as an app lication with the same priority right date pursuant 
to Article 36. 
 
(2)  After European patent application is being published by the European Patent Office and 
translation of patent claims into  Slovak language is being submitted  subsequently and after payment IP/N/1/SVK/P/3 
Page 34  
 
  of publication fee (Article 79(9)) by an applicant of  a European patent application, the Office shall 
make translation of patent claims accessible to p ublic and shall publish this  fact in the Journal. 
 
(3)  From the day of accessibility of translation of patent claims to public pursuant to 
paragraph 2, an applicant of a European patent application shall have same rights as an applicant 
pursuant to this Act provided that a European pate nt shall be granted with effects in the Slovak 
Republic. 
 
(4)  If a European patent application or designati on for the Slovak Republic in proceeding before 
the European Patent Office have been withdrawn, or is deemed withdrawn, application proceedings 
shall be deemed to have been suspended pursuan t to Article 40(3). Refusal of European patent 
application shall have same effects as refusal of an application pursuant to Article 40(4). 
 
(5)  Decision of the European Patent Office on further processing or on restitutio in integrum  
shall have same effects as a decision of the Office pursuant to Article 51 (6) or Article 52(7) and (8). 
 
Article 61 
Conversion of European patent application 
 
      (1) On a request of an applicant for conve rsion of a European patent application to a national 
application (hereinafter referred to as “conversion” ) filed pursuant to Article 135 of the European 
Patent Convention, the Office shall start proceedings on this application pursuant to Part Three of this 
Act or shall proceed pursuant to Article 1 36(2) of the European Patent Convention. 
 
(2) Applicant shall be obliged on a basis of an i nvitation of the Office to submit a translation of 
the European patent application into the Sl ovak language within 3 months and to pay an 
administrative fee for filing an application (Article 79(9)).   
 (3) In case if a request for conversion is not bei ng filed within three months from the day when a 
European patent application was withdrawn or wh en a notification that an application is being 
considered withdrawn has been delivered, or a decisi on on refusal of an application or on revocation 
of a European patent, an applicant shall abandon priority right following from a European patent 
application as filed.  
 (4) If a request for conversion has been filed in  contradiction with Articles 135 and 137 of the 
European Patent Convention, the Office shall refuse the request. 
 
(5) Deleted from January 1, 2008. 
 
Article 62 
Binding wording of European patent application and European patent 
 
(1)  Contents of a European patent application m odified by wording of a European patent in a 
language of proceedings on a European patent applic ation before the European Patent Office shall be 
decisive for determination of the scope of protec tion ensuing from a European patent application and 
a European patent. 
(2)  If a protection ensuing from  tr anslation of a patent specification into the Slovak language 
submitted to the Office pursuant to Article 63(2) as well as from a translation of patent claims  IP/N/1/SVK/P/3 
 Page 35 
 
 
  submitted to the Office pursuant to Article 60(2) is narrower than from  wordin g of a European patent 
application and from European patent in a  language  of  proceedings before the European Patent 
Office , translation into the Slovak language shall be considered binding wording, with exception of 
proceedings for revocation of a European patent. 
 
(3)  Applicant of a European patent application or  an owner of a European patent may file a 
corrected translation of patent claims pursuant to  Article 60(2) or a corrected translation of a 
European patent specification pursuant to Article  63(2) into Slovak language at any time. After 
corrected translation has been delivered and admi nistrative fee (Article 79(9)) has been paid, the 
Office shall make corrected transl ation accessible to public and this fact shall be announced in the 
Journal. 
 
(4) Corrected translation shall apply instead of or iginal translation from the day of notification of 
making corrected translation accessible in the Journal. 
 
(5) Right of third parties to use a subject-matter  of an invention, which pursuant to translation 
into the Slovak language valid in decisive period h as not fallen within the scope of a European patent, 
shall remain unaffected by effects of corrected transl ation, provided that, they have utilised a subject-
matter of an invention within the territory of the Slovak Republic in good faith, the or they have made 
provable preparations for utilisation of  a subject-matter of an invention. 
 
Article 63 
Effects of European patent 
 
(1)  European patent granted by the European Patent Office with designation for the Slovak 
Republic shall have same effects as a patent gr anted pursuant to Article 44(4) from the day of 
notification on granting a European pate nt in the European Patent Bulletin. 
 
(2)  Owner of a European patent shall be obliged to submit to the Office within three months 
from notification on granting a European patent a tran slation of a patent specification into the Slovak 
language, to pay a publication fee (Article 79(9)) and to notify the Office of a address for 
correspondence within the territory of the Slovak Republic.  
 
(3)  If an owner of European patent fails to submit to  the Office a translation of a European patent 
specification within the time limit pursuant to paragr aph 2, he may submit this translation within an 
additional period of three months provided that a surcharge pursuant to paragraph 2 has been paid 
together with submission of a translation.  
 
(4)  If a translation of a European patent specification into the Slovak language is not being 
submitted to the Office within an additional peri od under conditions pursuant to paragraph 3, a 
European patent shall be deemed ineffectiv e within the territory of the Slovak Republic ab initio . 
 
(5)  If a patent owner fails to notify to the Office an address for correspondence within the 
territory of the Slovak Republic, official corresponden ce related to his patent shall be deposited at the 
Office and considered to be delivered within the time limit of 30 days from the day of deposition. An 
applicant shall be notified about this consequence by the Office. IP/N/1/SVK/P/3 
Page 36  
 
  (6)  Based on fulfilment of conditions pursuant to paragraph 2 or 3, the Office shall make a 
translation of a European patent specification acce ssible and shall notify this accessibility and also 
granting a European patent in the Journal (Article 57).   
 
(7)  After publication in the European Patent Jour nal about granting a European patent the Office 
shall enter a European patent into the European Pate nts Register with data entered into the European 
Patents Register. 
 
Article 64 
Inadmissibility of double protection 
 
       If a patent has been granted for an inven tion for which same owner or his legal successor in title 
has been granted European patent with same pr iority right, the national patent shall become 
ineffective within extent to which it is identical w ith a European patent, from the day of expiry of the 
time limit for filing oppositions against a European pa tent, if no oppositions have been filed, or from 
the day of validity of a decision of the European Pa tent Office, by which the European patent has been 
maintained in opposition proceedings. 
 
Article 65 
Revocation or maintenance of European patent in a modified wording 
 
(1)  Decision of the European Patent Office on par tial or full revocation of a European patent or 
on maintenance of a European patent in a modified  wording shall have in the Slovak Republic same 
effects as a decision of the Office pursuant to Article 46. 
 
(2)  Revocation of a European patent or its mainte nance in a modified wording shall be notified 
by the Office in the Journal.  
 
(3)  If a European patent has been maintained in  a modified wording in opposition proceedings 
pursuant to Article 101 of the European Patent C onvention or limited in proceeding pursuant to 
Article 105b of the European Patent Convention by a decision of the European Patent Office, a European patent owner of shall be obliged with in three months from the day of publication of 
modification in the European Patent Journal to subm it a translation of modified wording of a patent 
specification into the Slovak language to the Office and to pay a publication fee(Article 79(9)).   
 
(4)  If a European patent owner fails to submit a tr anslation of modified wording of a European 
patent specification into the Slovak language or if fa ils to pay publication fee within the time limit 
pursuant to paragraph 3, the European patent sh all be deemed ineffective in the Slovak Republic 
ab initio . 
 
(5)  The Office shall revoke a European patent with designation for the Slovak Republic under 
conditions stipulated in Article 46( 2) to (7) and Article 47, if in proceedings started on a request or ex 
officio  a reason for revocation of a patent pursuant to  Article 138 in conjuncti on with Article 139 of 
the European Patent Convention is proved, provided that 
a) the time for filing oppositions pursuant to the Europ ean Patent Convention has vainly expired, or 
b) European patent has not been revoked during oppos ition proceedings before the European Patent 
Office. 
  IP/N/1/SVK/P/3 
 Page 37 
 
 
  (6)  If at time of revocation proceedings of a European patent before the Office opposition 
proceedings against same European have started or  have been pending before the European Patent 
Office, the Office shall suspend revocation proceedi ngs. After termination of proceedings before the 
European Patent Office, during which a European pa tent has not been revoked, the Office shall, on 
request of any party, continue in  patent revocation proceedings. If a request for further proceedings on 
patent revocation is not be ing submitted within six months from validity of a decision of the European 
Patent Office, the Office shall susp end patent revocation proceedings.  
 
Article 66 
Filing a European patent application 
 
(1)  The Office shall be the place where legal entiti es or natural persons may file a European 
patent application.  
 
(2) Paragraph 1 shall not apply for filing a divisi onal European patent application pursuant to 
Article 76 of the European Patent Convention. 
 
Article 67 
Fees 
 
(1)  An owner shall be obliged to pay annual maintenance fee for maintaining validity of 
European patent in the Slovak Republic (Article 79(9)).  
 
(2)  Right of third parties to utilise a subject-matte r of an invention shall not be affected by 
subsequent payment of maintenan ce fee provided that if they have utilised in good faith a subject-
matter of an invention within the territory of the Slovak Republic or they have made provable 
arrangements for its utilisation after vain expiry of time limit for payment of maintenance fee. 
 
PART FIVE 
Deleted from March 1, 2007 
 
Title deleted from March 1, 2007 
Article 68 
Deleted from March 1, 2007 
 
Article 69 
Deleted from March 1, 2007 
 
Title deleted from March 1, 2007 
 
Article 70 
Deleted from March 1, 2007 
 
Article 71 
Deleted from March 1, 2007 
 
Title deleted from March 1, 2007 
 
Article 72 
Deleted from March 1, 2007 IP/N/1/SVK/P/3 
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Article 73 
Deleted from March 1, 2007 
 
Title deleted from March 1, 2007 
 
Article 74 
Deleted from March 1, 2007 
 
Article 75 
Deleted from March 1, 2007 
 
Article 76 
Deleted from March 1, 2007 
 
Article 77 
Deleted from March 1, 2007 
 
Article 78 
Deleted from March 1, 2007 
 
 
PART SIX 
COMMON, AUTHORISING, TRANSITIONAL AND REPEALING PROVISIONS 
 
Article 79 
Common provision 
 
(1)  Parties shall have equal position in proceedi ngs before the Office, but parties without 
permanent residence or seat in the Slovak Republic shall be in  proceedings, including submitting 
translations pursuant to Part Four of this Ac t, represented by an authorised representative, 
26) with 
exception of acts 
a) preceding and related to determination of  filing date pursuant to Article 35, 
b) related to payment of fees, 
c) related to proving priority ri ght pursuant to Article 36. 
 
(2)  When applying for an exception from mandato ry representation pursuant to paragraph 1 a 
party to proceedings shall be obliged to notify th e Office of an address for correspondence within the 
territory of the Slovak Republic. If a party to proceed ings fails to notify the Office of an address for 
correspondence, official announcements related to pr oceedings shall be deposited at the Office, whilst 
they shall be deemed to be delivered after expiry of 30 days from the date of deposition. A party shall 
be notified about this consequence.  
 
(3)  The Act on Administrative Proceedings 21) with exception of provisions of Article 19, 
Article 23, Articles 28 to 32, Article 39, Article 49, Article 50, Article 59(1) and Article 60 shall 
apply to proceedings before the Office pursuant to this Act. 
 
                                                      
 26) Article 40 of the Act No 237/1991 Coll. on Patent Attorneys as amended by the Act of the National 
Council of the Slovak Republic No 90/1993 Coll.  IP/N/1/SVK/P/3 
 Page 39 
 
 
  (4)  Provisions of this Act shall apply mutatis mutandis  to arise, change and lapse of legal 
relations, subject-matter of which is a certificate pursuant to special regulations, 22a) as well as to 
proceedings on certificates pursuant to special regula tions 22a), unless a special regulation 22a) states 
otherwise.   
 
(5) If a party to proceedings fails to comply with an  invitation of the Office within set time limit, 
the Office may suspend the proceedings. Party sha ll be notified about this consequence in an 
invitation. 
 
(6)  Unless stated otherwise below, the Office ma y suspend proceedings also on request of a 
party whose application, proposal or request is  a subject-matter of proceedings. Request for 
suspension of proceedings shall not be withdrawn. 
 
(7)  In case of request for suspension of proceedings  on application or on ap plication for granting 
a certificate to which a court litigation entered into  the Register relates,  the Office may suspend 
proceedings only after submission of a written consent of a person who has filed e request for entry of 
a court litigation into the Register.  
 
(8)  Unless this Act or the generally binding regulat ion (Article (80) states otherwise, submission 
with the Office shall be made in writing, in a official language. 27) 
 
(9)  For acts pursuant to this Act and for maintaining validity of a patent, European patent and for 
filing a request for granting a certificate, request fo r cancellation or amendment of a certificate and for 
maintaining validity of a certificate pursuant to a special regulation 22a)  administrative fees pursuant 
to a separate regulation. 28) shall be paid .      
 
(10) Filing with the Office shall be made by mean s of electronic media. If such filing is not being 
supplied with an electronic signature, filing shall be supplemented by a written form within a time 
limit of one month, otherwise such filing is  being considered legally ineffective.  
 
Article 80 
Authorising provision 
 
Generally binding regulation issued by the Office shall stipulate 
a) details about method and requirements of claiming and proving priority right, 
b) details about filing and requiremen ts of a patent application, 
c) requirements of re-deposition of biological material in a recognised depository institution and 
requirements for making deposited material accessible to public, 
d) details on divisional application, admissible amendm ents of application and correction of certain 
mistakes, 
e) details about requirements of a patent revocation request, request for forfeiture of a patent and 
transfer, request for determination, requ est for further proceeding and request for restitutio in 
integrum , 
                                                      
 27) Act of the National Council of the Slovak Republic No 270/1995 Coll. on Official Language of the 
Slovak Republic as amended. 
28) Act of the National Council of the Slovak Republic No 145/1995 on Administration Fees as 
amended. IP/N/1/SVK/P/3 
Page 40  
 
  f) details about method and requirements of filing an international application, its translation and 
languages of filing, 
g) details about method and requirements of filing a European patent application, 
h) details about method and requirements of filing a request for cancellation of a certificate pursuant 
to a special regulation 22a) and amendment of a certificate pursuant to a special regulation 22a) 
as well as details about proceedings on cancellati on and amendment of a certificate pursuant to a 
special regulation 22a), 
i) details about form of filing with the Office in general, about delivery and about filing by means 
of electronic media,  
j) details about form and requirements of filing re quests for entry of right into the Register,  
k) details about  method and requirements of  a licence offer and its acceptance,  
l) details about data entered into the Re gister and published in the Journal,  
m) details about regime of proceedings on matter s of confidential applications, patents and 
certificates pursuant to a special regulation, 22a) 
n) details about method of filing a nd requirements of request for c onversion of author’s certificate 
to a patent,  
o) time limits determined by the Office for acts of parties to proceedings pursuant to this Act.  
p)  
 
Transitional provisions 
 
Article 81 
 
(1)  Rise, modification and lapse of legal relations  which occurred before this Act comes into 
effect shall be assessed pursuant to present regulations. 
 
(2)  Proceedings on applications of  inventions and pro ceedings on patents which have not been 
lawfully concluded before this Act comes into effect, shall be concluded pursuant to this Act 
therewith that  in case of applications of i nventions filed pursuant to Act No. 84/1972 Coll. on 
discoveries, inventions, rationalisation proposals a nd industrial designs the Office shall perform 
substantive examination ex officio . 
 
(3)  Applications of inventions filed pursuant to present regulations shall be deemed applications 
pursuant to this Act. 
 
(4)  If utilisation of subject-matter of applications of inventions stated in paragraphs 1 and 2 
occurred before this Act comes into effect and unde r conditions specified by present regulations, third 
parties´ rights shall remain unaffected. Right of an inventor to remuneration for utilisation of a 
subject-matter of an invention with request for granting an author’s certificate pursuant to present 
regulations shall remain unaffected. 
 
Article 82 
 
(1)  Author’s certificate for an invention, granted pursuant to Act No 84/1972 Coll. shall be valid 
for 15 years from filing an application. For main taining validity of an author’s certificate, 
administrative fees shall be paid (Article 79(9)).   
  IP/N/1/SVK/P/3 
 Page 41 
 
 
  (2)  An organisation having pursuant  to present regulations right to manage an invention or was 
authorised by this right shall have same rights as a patent owner. 
 
(3)  In case of an invention created in manner di fferent than under conditions pursuant to Article 
28(a) of the Act No. 84/1972 Coll. protected by an  author’s certificate granted pursuant to present 
regulations, which has not been utilised by an organisa tion having right to manage an invention or that 
was authorised by this right, an inventor shall be  entitled to request the Office for its conversion to a 
patent (hereinafter referred to as “request for conve rsion”) at any time during validity of an author’s 
certificate. Requesting person shall be obliged to pa y administrative fee (Article 79(9)) for request for 
conversion.  
 
(4)  The Office shall publish request for convers ion as well as decision on conversion in the 
Journal. Any person may file oppositions  to request for conversion within  a time limit of three months 
since publication of request for conversion. 
 
(5)  Patent granted on request for conversion sha ll be valid 15 years since filing date of an 
application of an invention; rights from a patent  granted on request for conversion shall arise since 
date of publication of request for conversion in the Journal. 
 
(6)  If an invention protected by an author’s ce rtificate was not created under conditions pursuant 
to Article 28(a) of the Act No. 84/1972 Coll., an invent or shall be entitled to utilise an invention in his 
business activity. 
 
Article 83 
 
(1)  Utilisation of an invention protected by an author’s certificate, which in accordance with 
present regulations started before January 1, 1991 or  for which right was granted before this date on 
basis of a contract, shall not infringe rights of a patent owner. Right of an inventor for remuneration for utilisation of an invention pursuant to presen t regulations shall not be thereby affected.  
 
(2)  Claims to remuneration for utilisation of an i nvention as well as claims for reimbursement of 
reasonable costs related to working up of drawings , models or prototypes, remuneration for initiative 
participation in working up, testing or introduction of an invention and claims for remuneration for 
referring to a possibility of utilisation of an invention arisen before this Act ha s come into force, shall 
be settled pursuant to present regulations. 
 
(3)  If, after this Act comes into effect, an inventi on protected by an author’s certificate, to which 
an organisation has right corresponding with right of a patent owner pursuant to Article 82(2), is being 
utilised, this organisation shall be obliged to pay re muneration to an inventor pursuant to Article 11 . 
 
Article 84 
 
(1)  An applicant of an invention pursuant to Ar ticle 82(1) and (2) of the Act No. 527/1990 Coll. 
shall be obliged to submit to the Office 
a) document confirming granting a consent for sale or  production  of a subject -matter of a patent 
granted in any state abroad, and 
b) decision on registration pursuant to  special regula tions, issued on request filed within six months 
from granting a consent for sale or production of a subject-matter of a patent in any state. IP/N/1/SVK/P/3 
Page 42  
 
  (2)  An applicant of an invention shall be oblig ed to submit document and decision pursuant to 
paragraph 1 to the Office within the time limit of th ree months from their delivery but no later than 16 
years from the date of rise of priority right. 
 
(3)  The failure to comply with time limits stated  in paragraphs 1 and 2 shall not be excused. 
 
(4)  The Office shall refuse an application  of an invention pursuant to paragraph 1  if 
a) applicant failed to meet requireme nts pursuant paragraphs 1 and 2, 
b) subject-matter of a patent granted abroad was placed on the market in the Czech and Slovak 
Federative Republic before filing of an application pursuant to paragraph 1. 
(5)  Patent granted pursuant to Article 82(1) and (2 ) of the Act No. 527/1990 Coll. shall be valid 
for 16 years from the date priority right.  
 
Article 85 
 
If time limits pursuant to Article 74(3) expire before July 1, 2002, request for granting a 
certificate pursuant to Article 74 shall be possible to  file before December 31, 2002, if a decision on 
registration of a medicine or on registration of a preparation for plant protection pursuant to special 
regulations became valid after January 1, 2000.  
 
Article 85a 
 
Legal acts of the European Communities and the European Union mentioned in Annex shall be 
governed by this Act. 
 
Article 86 
Repealing provision 
 
The following shall be repealed 
1.   Articles 2 to 35, Articles 78 to 82, Article  84 of the Act No. 527/1990 Coll. on Inventions, 
Industrial Designs and Rationalisation Propo sals as amended by Article III of the Act 
No. 90/1993 Coll. and the Act No. 185/1994 Coll.; 
 
2.   Article 65(2), Articles 66 to 71, Article 75(2) and Article 86 of the Act No. 527/1990 Coll. on 
Inventions, Industrial Designs and Rationalisation Proposals as am ended within extent governing 
legal relations and proceedings related to inventi ons, patents and author’s certificates;  
 
3.    Chapter One of the Decree of the Federal Office for Inventions No. 550/1990 Coll. on Procedure 
on Matters of Inventions and Industrial Designs.   
   IP/N/1/SVK/P/3 
 Page 43 
 
 
  Title II 
 
Act No. 132/1989 Coll. on Protection of Rights to New Plant and Animal Varieties as amended 
by the Act No. 22/1996 Coll. shall be amended as follows: 
 
Article 10 shall be supplemented by pa ragraph 3, which shall be as follows: 
 “(3) If a court grants to an owner of a breeder certificate a compulsory licence for utilisation of 
an invention protected by patent pursuant to a special regulation, 
1f), Ministry shall grant on a request 
compulsory licence pursuant to paragraph 1 to a patent owner.” 
Footnote 1f) shall read as follows: 
“1f) Article 27(5) and (6) of the Act No 435/2001 Coll. on Patents, Supplementary Protection 
Certificates and on Amendment of Some Acts (The Patent Act).”. 
  
Title III 
Deleted from January 1, 2008 
 Footnote 4 shall be as follows: 
 
 “
4) Act No 435/2001 on Patents, Supplementary Pr otection Certificates and on Amendment of Some 
Acts (The Patent Act).”. 
  
Title IV 
 
This Act shall enter into force on November 1,200 1 with exception of Part Four and Part Five 
which shall enter into force on  July 1, 2002. 
Act No. 402/ 2002 Coll. entered into force on August 1, 2002. Act No. 84/ 2007 Coll. entered into force on March 1, 2007. Act No. 517/ 2007 Coll. entered into force on January 1, 2007.   
 
Rudolf Schuster  s.m. 
Jozef Migaš  s.m. 
Mikuláš Dzurinda  s.m. 
__________