Slovak IPO Introduces Alternative to Provisional Patent Applications

On September 1, 2023, the Slovak Intellectual Property Office (IPO) introduced an official alternative to filing provisional patent applications, which are not available in Slovakia.

Provisional patent applications establish the right of priority for the invention described in the application but they do not contain patent claims and other mandatory sections present in standard patent applications. After 12 months from the filing date, the provisional application will expire if not converted to a standard patent application.

While this option is not available in Slovakia, patent applications have been accorded priority dates even if they did not contain all the required information, but only the following:

• Information indicating the applicant’s intent to file a patent application;
• The applicant’s contact details; and
• A description, which does not have to be filed in the official state language.

In most cases, the Slovak IPO invited applicants to file a standard application within 12 months from filing an application of this kind.

Starting September 1, 2023, this became Slovak IPO’s official practice – all applicants who file applications for the purposes of securing priority dates are provided a 12-month period for submitting a full application. In many respects this alternative is more advantageous than the provisional patent application, because the 12-month period for submitting a full application will be extendable, and in case the application is rejected, the applicant will be able to request its further processing and restitutio in integrum.

By: Anamarija Stančić Petrović

For more information, please contact Anamarija Stančić Petrović, PETOŠEVIĆ Brussels representative.