Extension of European Patents to Montenegro as from March 1, 2010

On March 1, 2010, the Co-operation and Extension Agreement between Montenegro and the European Patent Organization will enter into force. Under this agreement, it will be possible to extend the protection conferred by European patent applications and European patents to Montenegro without any subsequent examination.

European patents extended to Montenegro will have the same effect as national patents granted for the territory of Montenegro. However, it is important to note that extensions to Montenegro will be available only for European patent applications and international patent applications, entering European regional phase, filed on or after March 1, 2010 and for which the extension fee has been paid to the European Patent Office. The extension fee is EUR 102 (USD 143).

For European patent applications and international patent applications, entering European regional phase, filed before March 1, 2010, patent protection can be obtained in Montenegro provided the Republic of Serbia has been designated as “extension country”. Namely, the Decree on IP rights Enforcement in Montenegro, that clarifies re-registration and re-filing questions after the split of the State Union of Serbia and Montenegro, for the territory of Montenegro, provides that European Patents valid for the territory of Serbia are valid in Montenegro automatically.

We recommend that owners of such patents request a Letters Patent / Registration Certificate directly from the Montenegrin IPO for the sake of clarity and good order.

Therefore, if a European Patent, based on a European patent application or international patent application, entering European regional phase, filed before March 1, 2010, is granted and extended to Republic of Serbia, the same is automatically valid in Montenegro until the next annuity due date falling after the date of grant of the European Patent. From that date on, it is required that a separate annuity fee is paid in Montenegro in order to keep the patent valid in this country.

For more information, please contact Loic Dufour or Jasna Jusic Paovic.

Source: EPO Website