What is a patent?

A patent is a protective document that the state gives the exclusive right to its owner to use the invention for a certain period in exchange for the detailed publication of the invention to the public. The patent is a type of industrial property, and it's granting in Slovakia is governed by Act No. 435/2001 Coll. on patents, supplementary protection certificates. A patent is granted for 20 years. The validity must be maintained by paying maintenance fees.

What can be patented?

Inventions are patented. The patentable invention must be new, industrially applicable, and must be the result of an inventive step. Not only new products, devices, and technologies are patented, but also chemically produced substances, drugs, industrially productive microorganisms as well as biotechnological processes and their products.

A patent may not be granted for discoveries or scientific theories, computer programs, new plant varieties or animal breeds, methods for the prevention, diagnosis of diseases and treatment of humans and animals, methods for cloning human beings, and the use of human embryos for industrial or commercial purposes.

Why patent an invention?

By granting a patent, its owner acquires exclusive rights to the invention, which means that no one may use it without his consent. The owner may continue to handle the patent, for example, may grant the right to use it to other persons through a license agreement, or sell or transfer it to another person. With the patent, you get legal protection against its theft as well as its legal treatment.

Is it necessary to have a patent attorney?

If you are a Slovak citizen or legal entity, then no. However, as the issue of patent law is extensive and inaccessible to entrepreneurs, the Industrial Property Office recommends using the services of a patent attorney. An unprofessionally filed application can lead, for example, to:

• Loss of time and money for administrative fees if your application is rejected due to formal or factual deficiencies.
• Obtaining a patent in which the inventor was not interested, since the technical elements he originally intended due to the unclear wording of the patent application were not patented.

If you are a foreign entity that does not have its registered office in the territory of the Slovak Republic or manufacturing company, the obligation to be represented in proceedings before the Industrial Property Office of the Slovak Republic follows from the law.

How much does it all cost?

The price of a patent or utility model consists of administrative fees and commissions to the patent attorney. These are according to the number of countries and the very nature of the patent or utility model - the extent of the consultations and actions of the patent attorney also depends on it. The total price can be estimated after the first consultation with the patent attorney. Later, maintenance fees may be added to the price, which increases for each year the patent is valid, or fees to patent attorneys in individual countries for monitoring the case and time limits.