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    • Slovenia

    What Can and Cannot Be Protected

    A patent in Slovenia is granted for any invention from any field of technology that meets the criteria of novelty, inventive step, and industrial applicability.

    Specific exclusions

    The Industrial Property Act explicitly excludes certain subject matter from patent protection:

    • Discoveries, scientific theories, mathematical methods
    • Aesthetic creations
    • Plans, rules and procedures for mental activities, games or business activities
    • Computer programs and presentations of information as such

    These are excluded only to the extent that the patent application or patent relates to such content or activities as such.

    • Inventions whose commercial exploitation is contrary to public order or morality
    • Surgical or therapeutic procedures for the treatment of the human or animal body and diagnostic procedures applied to the human or animal body

    Exception: inventions relating to products (e.g., substances or mixtures) used in such procedures.

    While the brief mentions additional exclusions (e.g., plant varieties, biological processes, human cloning, genetic modification of human germ cells, use of human embryos, genetic modification of animals causing suffering, human body/natural elements, specific plant varieties/animal breeds, and natural biological materials), the provided excerpts of the Industrial Property Act primarily list the exclusions above. However, the Act does transpose Directive 98/44/EC on the legal protection of biotechnological inventions, which addresses some of these biological aspects. Semiconductor topographies are protected separately, as indicated by SIPO’s role in their registration.

    Conditions of Patentability

    For an invention to be patentable in Slovenia, it must satisfy three core conditions:

    1. Novelty
      An invention is considered new if it does not form part of the state of the art. The state of the art comprises everything made publicly available before the patent application filing date, through any means, including earlier-filed but later-published national, European, and international patent applications. A disclosure occurring not earlier than six months prior to filing is not considered for novelty assessment if: it was due to an evident abuse in relation to the applicant, or the invention was displayed at an official or officially recognized international exhibition.
    2. Inventive step
      An invention involves an inventive step if, to an expert, the subject of the invention is not an obvious result of the state of the art.
    3. Industrial applicability
      An invention is considered industrially applicable if it can be made or used in any kind of industry, including agriculture.

    Filing Deadlines and Representation

    The acquisition of a patent right in Slovenia is initiated by filing a national application with SIPO. Priority rights (12 months from the first filing date) are recognized in accordance with international agreements like the Paris Convention. For foreign clients, representation by a Slovenian Patent Attorney is generally required for proceedings before SIPO.

    Language, Examination, and Duration

    Application materials for national patents are typically in Slovenian.

    International PCT applications designating Slovenia can be filed in English, French, German, or Slovenian.

    Formal examination

    SIPO conducts procedures for granting rights, which includes checking formal requirements. Specific timelines for formal examination are not detailed in the provided findings.

    Substantive examination / search

    A Cooperation Agreement with the Visegrad Patent Institute enables patent applicants in Slovenia to obtain a search report accompanied by a written opinion for national patent applications, in accordance with PCT standards. This search and opinion address the substantive criteria of novelty, inventive step, and industrial applicability. The findings do not specify a petition requirement for substantive examination or typical timelines.

    Office action procedures

    While specific procedures are not detailed, the examination process would involve communication from SIPO regarding any deficiencies or objections, to which applicants would typically have an opportunity to respond.

    Fees, Maintenance, and Validity

    Fees are required for the acquisition and maintenance of patent rights, with amounts determined by the Government of the Republic of Slovenia. Failure to pay fees in due time or in full generally results in the application being deemed withdrawn.

    A patent in Slovenia lasts 20 years from the filing date. This term can be extended once for up to five years in cases of war or emergency. Additionally, a supplementary protection certificate may be granted for up to five years for products requiring official approval before commercial use.

    Required Documents for Filing

    While the specific list of required documents is not detailed in the provided findings, standard requirements typically include:

    • Applicant and inventor information
    • Description of the invention
    • Claims defining the scope of protection
    • Abstract
    • Any necessary drawings
    • A Power of Attorney is usually required for representation, but notarization or legalization requirements are not specified in the findings.