General Information | Patents of Invention
Trade & Service Marks | Industrial Designs | Domain Names
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General Information

Area: 49,030 sq. km.
Population: 5,407,000 inhabitants (estimated 2001).
Capital: Bratislava, with 448,300 inhabitants (estimated 2001).
Language: Slovak.
Currency: Slovak crowns.

GENERAL REMARKS

The Slovak Republic came into existence on January 1, 1993 as a result of the separation of the former Czechoslovakia. As of the same date the Slovak Patent Office was established in Bratislava and later moved to Banska Bystrica. Laws and membership in international conventions concerning protection of industrial rights of the former Czechoslovakia remain in force in the Slovak Republic. All former Czechoslovak patents, utility models, industrial designs and trademarks granted or pending prior to January 1, 1993 are effective in the Slovak Republic without any re-filing or re-registration. Separate applications for the Slovak Republic have to be filed after January 1, 1993. Renewal fees and annuities due for payment after December 31, 1992 are to be paid separately in the Slovak Republic if the owner of the right is interested to maintain the protection (Act of Transitional Rules No. 9011993 effective as from April 29, 1993).

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Patents of Invention

LEGAL BASIS

• Law No. 435/2001 of October 4, 2001, on Patents, Supplementary Protection Certificates and on amendment of other Acts: "The Patent Act", in force since November 1, 2001.
• Law No. 402/2002 Coll. which amends Law No. 435/2001 Coll. (The Patent Act), Decree of March 13, 2002 No. 223/2002.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• International Patent Classification.
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms.
• Patent Cooperation Treaty (PCT).
• TRIPS Agreement.
• European Patent Convention (from July 1, 2002).

FILING REQUIREMENTS

• Name and address of the applicant;
• Name and address of the inventor;
• Power of Attorney (signed by applicant without legalization), can be filed after the filing of the application;
• A document showing the right to the patent, if the applicant is not the inventor, can be filed after the filing date;
• Specification and claims (in English, German or French, to be translated), 2 copies. Abstract;
• Drawings: 1 original, 3 copies, size A4;
• Priority document (if any), to be filed only upon the request of the Patent Office;
• Assignment of priority right, if the applicant in the Slovak application is not the same as the first applicant (notarization of the signature of the first applicant is required), to be filed only upon the request of the Patent Office.

REMARKS

National Phase of PCT: both under Chapter I and Chapter II: 31 months.
Validity: issued after a formal and full examination - valid for 20 years from the filing date.
Annuities: accumulated and due after the granting decision; subsequent annuities are payable after the anniversary of the filing date.
Opposition: after the publication, any person may file observations regarding the patentability of the application's object.

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Trade and Service Marks

LEGAL BASIS

• Law No. 55/97 on Trademarks as amended by the Law No. 577/2001 of November 29, 2001, in force since January 1, 2002, and amended by Law No. 14/2004, in force since February 1, 2004.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention (Stockholm Act).
• Madrid Agreement Concerning the International Registration of Marks (Stockholm version of 1967).
• Nice Agreement Concerning the International Classification of Goods and Services for the purpose of the Registration of Marks.
• Madrid Protocol, since September 13, 1997.

FILING REQUIREMENTS

• Power of Attorney (signed by applicant without legalization);
• Name and address of applicant;
• List of goods and/or services (in English, German or French).
• 5 prints, not required for ordinary word marks;
• Priority document (if any).

REMARKS

Kinds of protection: trade marks comprising a word or device or a combination of both, two- and three- dimensional designations. Service Marks are registrable.
Classification: International.
Obligation to use the registered mark: use is obligatory within any five-year period. The public offer for use of the trademark through the press has the validity of usage.
Duration – renewals: 10-year period from the filing date, renewable for further periods of ten years.
Opposition: may be filed within three months from the date of publication in the Bulletin. The opposition period for international trademarks begins the first day of the next month after the date of publication in the WIPO Gazette of International Marks.

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Industrial Designs

LEGAL BASIS

• Law No. 444/2002 Coll. on designs of June 20, 2002, in force since October 1, 2002, and Decree No. 629/2002 Coll. implementing the Act No. 444/2002 Coll. on Designs.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention (Stockholm Act).
• Locarno Agreement.
• Industrial Classification for Industrial Designs.

FILING REQUIREMENTS

• Name and address of the applicant;
• Name and address of the creator of the design;
• Power of Attorney (signed by the applicant without legalization);
• 6 reproductions of the design (photographs or drawings);
• Description is not usually required and its filing is optional;
• Priority document and an assignment of priority right if the applicant in the Slovak Republic is not identical to the first applicant.

REMARKS

Duration – renewals: after formal and novelty examination: 5 years; Extension: four additional 5-year periods.
Opposition: not provided for.

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Domain Names

LEGAL BASIS

• There is no specific legislation on country code top-level domain names.

FILING

• ccTLD: .sk
• Applicant: individuals and legal entities.
• Local Presence: required.

REMARKS

Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: none.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov’s Manual on Industrial Property®.

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