Slovenia - Payment of the 3rd Annuity for European Patents

Jan 25 2005 - 03:18

Until 18 November 2004, the Slovenian Intellectual Property Office (SIPO) did not request payment of the 3rd annuity for European Patents. Indeed, no payment for the 3rd annuity was foreseen in the relevant regulations (Decree on Fees of 7 January 2002).

However, due to faster prosecution at EPO, SIPO started receiving requests for extension of European Patents within a period shorter than three years after the filing date. The prescribed fee would be then paid by SIPO to EPO, without receiving the necessary payment from the applicant.

In order to be able to request this payment from the applicant, SIPO issued a Circular Letter on 18 November 2004, explaining its new interpretation on payment of renewal fees for extended and validated European Patents in Slovenia. According to said Circular Letter, a Transitional Provision of Decree 7 January 2002, which was not initially laid down for this specific situation, would be applicable: “For the maintenance fee for the 3rd year, former Decree has to be applied for those patents, for which only maintenance fee for the first two years has been paid”.

Consequently, in case of national patents and PCT patent applications, the filing fee includes maintenance for the first three years. For European patents, however, the filing fee only covers the costs for publication and translated claims and therefore it is necessary to pay the 3rd annuity separately.

For more information on the payment of the 3rd annuity for European patents, please contact our Slovenia representative.

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