Kosovo

What can be protected?

A patent in Kosovo is granted for any invention in any field of technology that is new, involves an inventive step, and is industrially applicable.

What cannot be protected (as such / general exclusions)?

Not regarded as patentable inventions are discoveries, scientific theories, and mathematical methods; aesthetic creations; schemes, rules, and methods for performing mental acts, playing games, or doing business; computer programs as such; and presentations of information. Inventions whose commercial exploitation would be contrary to public order or morality, plant or animal varieties and essentially biological processes for their production, methods of treatment and diagnosis on the human or animal body, and certain military or nuclear inventions are also excluded.

Filing and priority

Patent applications are filed with the Industrial Property Agency (IPA) of Kosovo. Both local and foreign natural and legal persons may apply, with foreign applicants generally acting through a local authorized representative.
Kosovo applies the Paris Convention system, so convention priority can be claimed from an earlier application filed in a Paris Union or WTO member state, typically within 12 months. Exhibition priority may also be claimed within 6 months from the first display at an officially recognized exhibition.

Language and translation requirements

Applications are filed in one of the official languages of the Republic of Kosovo, Albanian or Serbian. Where documents are initially submitted in another language, a translation into one of the official languages is required within a set period to maintain the filing date or any claimed priority.

Examination and office actions

The IPA examines applications for compliance with formal requirements and substantive patentability (novelty, inventive step, and industrial applicability). The description, claims, and drawings are interpreted together to define the scope of protection.

During examination, the Office may issue written communications raising objections. If the applicant does not correct deficiencies or respond within the prescribed time limits, the application may be refused.

Term and maintenance

The patent term in Kosovo is 20 years from the filing date, provided that annual maintenance fees are paid. Non-payment leads to lapse of the patent after expiry of the applicable grace periods.

Term extensions / SPC

Under the current Patent Law, supplementary protection certificates (SPCs) are available for medicinal products and plant protection products, implementing EU style SPC regimes.
An SPC takes effect after expiry of the basic patent and can extend protection for up to 5 additional years, with a possible further pediatric extension in line with EU practice.

Typical required filing documents

  • Application form identifying the applicant, inventor, and representative
  • Description of the invention
  • Claims
  • Abstract
  • Drawings, if any
  • Power of attorney
  • Priority claim and priority document, if priority is invoked