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Patent, Trade Mark

Inventions
According to the Law No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and on Amendment of Some Acts (The Patent Act), patents shall be granted for inventions which are new, involve an inventive step and are susceptible of industrial application after carrying out the formaly-legal and substantive examination. The so-called deferred examination with publication of applications after expiry of 18 months is iplemented. The full examination shall by carried out upon the request of an applicant, which shall be filed within 36 months as from the filing date of the patent application. It is also possible to patent chemical products and medicaments. The term of the validity of a patent shall be 20 years as from the filing date of the patent application. The prerequisite of the duration of the patent validity is the payment of maintenance fees.
Legislation

Trademarks
The Law No. 174/1988 of the Coll. on Trademarks in the wording of the National Council of the Slovak Republic No. 90/1993 of the Coll. of laws states the conditions for the so called registration ability of a trademark. A trademark shall be verbal, figurative, three-dimensional or combined denomination, which is capable of distinguishing goods and services of various manufacturers or suppliers of services. In addition, the Law specifies in detail exclusions of denominations from the Register as well as denominations that could not be a trademark. For example, it is the case of denominations having no distinctive nature, denominations containing the official names of States, denominations of goods and services kinds, generally known geographical denominations, deceptive denominations, denominations identical with a trademark registered in the name of another for goods and services of the same kind.
The application for the registration of a trademark may be filed by the legal entity or physical person carrying out permitted economic activity in the corresponding field. The term of the registration of a trademark shall be 10 years as from the filing date of the application for a trademark. Upon the request of the owner of a trademark it is possible to extend the term of protection by the renewal of the registration indefinitely by ten-year periods, if the requirements for the payment of administrative fees have been met.
Legislation

Utility Models
Since the year 1992 it has been possible to protect as utility models technical solutions which are new, exceed the framework of the mere professional ability and are susceptible of industrial application according to the Law No. 478/1992 of the Coll. on Utility Models in the wording of the Law of the National Council of the Slovak Republic No. 90/1992 of the Coll. of laws. Procedure is based on the so-called registration principle. Only formaly-legal examination is carried out before the registration of a utility model into the Register. Contrary to the protection by a patent, neither process or production activities, nor biological reproductive matter shall be protected by a utility model. The Law allows an applicant of a utility model to apply the priority right coming out of the application for a utility model, which was filed earlier. The term of a utility model registration shall be 4 years as from the filing date of the application for a utility model and may be extended for a maximum of two three-year periods upon the request of the owner of a utility model.
Legislation

Industrial Designs
According to the Law No. 527/1990 Coll. on Inventions, Industrial Designs and Rationalisation Proposals in a wording of the Law of the National Council of the Slovak Republic No. 90/1990 Coll. applications of industrial designs are subject to formal, legal and substantive examination. The main condition for entry of an industrial design to the Register and for issuing the certificate is the world novelty and industrial applicability of the outward appearance of a product. Record of an industrial design to the Register is valid for 5 years from the date of filing an application for an industrial design. On the request of the holder of an industrial design this time limit may be extended twice as a maximum, every time for another 5 years.
Legislation

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