Slovenia

In Slovenia, utility models are referred to as “short-term patents” within the Industrial Property Act. They are granted for inventions that are:

  • new,
  • industrially applicable, and
  • the result of a “creative effort.”

“Creative effort” is a less stringent criterion than “inventive step.” An invention demonstrates creative effort if it exhibits either particular effectiveness or practical advantage in industrial use. Unless otherwise specified, the general provisions of the Industrial Property Act concerning patents apply mutatis mutandis to short-term patents.

Short-term patents are typically suited for incremental inventions and improvements, particularly those related to the structure or shape of products and mechanical devices. The findings do not explicitly list these examples, but this is consistent with the general nature of utility model protection.

What is not protectable as a short-term patent?

Certain subject matter is explicitly excluded from short-term patent protection:

  • Processes
  • Plant varieties
  • Animal breeds
  • By extension, many of the general exclusions for patents (e.g., discoveries, scientific theories, mathematical methods, aesthetic creations, plans/rules for mental activities, games, business activities, computer programs, and presentations of information as such, as well as inventions contrary to public order or morality) would likely apply as well.

The findings do not specifically list other exclusions mentioned in the brief for utility models.

Rights and validity term

A short-term patent confers exclusive rights to prevent third parties from commercially exploiting the protected invention without consent, similar to a full patent. This includes preventing unauthorized making, using, offering for sale, selling, or importing the product, or using the patented process.

Term: 10 years from the filing date. The findings do not mention any possibility of extension.

Relevant international agreements

Slovenia is a member of relevant international agreements influencing its IP landscape, including the Paris Convention and the PCT, whose principles are referenced in the Industrial Property Act and apply to short-term patents where appropriate.