To start proceedings for the grant of a patent, you first need to file a written application with the Office in 2 copies. The person entitled to file is always the one who holds the so-called “right to the invention”. This is normally the person whose creative effort produced the invention (the inventor) for which the patent is sought. Where there are several inventors, some of them – or even just one – may file in their own name, and at their request the Office will record the other co-inventors as co-applicants for the invention. If the same invention was created independently by different people, the right belongs to whoever filed with the Office first. If the invention was created by an employee (regardless of whether they work under a temporary or a permanent contract) as part of their job, the right to the invention, together with the right to file a patent application, passes to the employer. This does not apply if the employer and employee agree otherwise. The employee must notify the employer in writing without delay that the invention has been created and hand over the related documents. The employer then has three months to claim the right to the invention from the employee in writing; if it fails to do so, the right to the invention and to file the application reverts to the employee. Note also that if the employer does claim the right, the employee is entitled to reasonable additional remuneration on top of their regular salary.
If we want to be sure that defects in the application or other mistakes will not complicate the proceedings, or if we are unsure whether the invention is patentable, we can turn to industrial property specialists who professionally advise and represent applicants in patent proceedings before the Office. In Slovakia, patent attorneys are organised under the Slovak Chamber of Patent Attorneys (SKPZ).
Although the law does not require it, it is advisable to file using the form prepared by the Office. A correct and complete application must meet fairly demanding and detailed requirements as to its content (a detailed description of the invention; a precise and clear definition of the subject matter for which a patent is sought; an explicit request for grant of a patent), as laid down in Office Decree No. 223/2002 Coll.
If the application contains too many serious defects (for example, an inadequate description of the invention), it will not be regarded as properly filed until the missing information is supplied or the defects are corrected. In that case the applicant does not acquire a right of priority and runs the risk that a competing applicant who files a complete application – even later – will overtake them in the grant proceedings.
The level of official fees for filing and the subsequent proceedings depends largely on whether the applicant wants protection only in Slovakia or also intends to use the patent abroad. In the latter case, a European or international patent application is worth considering. With a European application, the applicant chooses two or more of the 38 member states of the European Patent Organisation in which to seek protection. An international application, after a preliminary assessment, lets the applicant choose from up to 148 countries worldwide that are party to the Patent Cooperation Treaty.
For a “Slovak” patent, applicants should budget for fees of €143–€169; for a “European” patent the figure is €120–€210, while fees for an “international” patent are higher, at around €1,100 (in the international route, this fee already includes the patentability opinion for the individual contracting states).
All types of patents can be applied for through the Office, but for an international application the filing documents must be submitted in English, German or French.
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