WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/l/HRV /P/l 
29 May 2001 
(01-2673) 
Original: English/ 
anglais/ 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LA WS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
CROATIA 
The present document reproduces the text! of the Patent Law, as notified by Croatia under 
Article 63.2 of the Agreement (see document IP/N/l/HRV/l). 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
CROATIE 
Le présent document contient le texte! de la Loi sur les brevets, notifiée par la Croatie au titre 
de l'article 63:2 de l'Accord (voir le document IP/N/1/HRV/l). 
Consejo de los Aspectos de los Derechos de Pro pied ad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VffiTUD 
DEL P ARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
CROACIA 
En el presente documento se reproduce el texto! de la Ley de Patentes, notificado por Croacia 
en virtud deI parrafo 2 dei articulo 63 deI Acuerdo (véase el documento IP/N/1/HRV/l). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulement. Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OMC./En inglés solamente. Las delegaciones interesadas 
podran consultar en la Secretaria de la OMC el texto en su idioma original. IPINII/HRV/PII 
Page 2 
1. GENERAL PROVISIONS PATENT LAW 
Article 1 
This Law shaH regulate the system of protection of inventions by patents. 
Article 2 
A patent is the right protecting a patent owner in the course of the econOffilC 
exploitation of an invention. 
Article 3 
Foreign natural and legal persons shal1, under this Law, enjoy in the Republic of 
Croatia the same rights as are enjoyed by the Croatian nationals and legal entities 
established in the Republic of Croatia, if it results from international treaties binding the 
Republic of Croatia, or from the application of the principle of reciprocity. 
ll. SUBJECT MATTER OF THE PATENT PROTECTION 
Patentable Invention 
Article 4 
(1) A patent shall be granted for an invention which is new, which involves an 
inventive step and which is susceptible of industrial application. 
(2) The following in particular shall not be considered to be the inventions within 
the meaning of paragraph (l) of this Article: 
1. discoveries, scientific theories and mathematical methods, 
2. aesthetic creations, 
3. rules, instructions or methods for performing mental activity, playing games or 
doing business, . 
4. presentations of information, defined by the content itself of such information, 
5. computer programs. 
(3) The provisions referred to in paragraph (2) of this Article shall apply only to 
the extent to which the subject matter of a patent application is the indicated element or 
the activity as such. 
(4) The patent protection shall exclude: 
1. the inventions relating to animal breeds, and plant vanetles, and essentially 
biological processes for the production of a plant or an animal, except for the inventions 
relating to microbiological processes and products resulting from such pro cesses. 
2. the inventions the publication or exploitation of which would be contrary to the 
public order or morality. The exploitation shal1 not be considered to be so contrary merely 
because it is prohibited by a legal provision. Novelty of an Invention 
Article 5 IPIN/lIHRVIPIl 
Page 3 
(l) An invention shaIl be new if it do es not form part of the state of the art. 
(2) The state of the art shall comprise everything made available to the public on 
the world level by means of a written or oral description, by use, or in any other way, prior 
to the filing date of the patent application. 
(3) The state of the art shall also include the content of aIl patent applications as 
filed in the Republic of Croatia, the filing dates of which are earlier th an the date of 
application referred to in paragraph (2) of this Article, and which were made available to 
the public only on, or after the date offiling the patent application, through the publication 
effected in the manner as provided in this Law. 
Article 6 
An invention shall also be considered to be new if not more than six months prior 
to the filing date of the patent application it has formed part of the state of the art due to: 
1. an evident abuse in relation to the patent applicant or his legal predecessor, or 
2. the display at an official or officially recognized international exhibition in 
compliance with the Convention on International Exhibitions signed at Paris on November 
22, 1928, and last revised on May 31, 1988, provided that the applicant indicates in the 
patent application, at the time of its filing, that the invention has been so displayed, and 
not later than within 4 months as from the filing date of the application, submits a 
corresponding certificate to that effect. 
Inventive Step 
Article 7 
(1) An invention shall involve an inventive step if, having regard to the state of the 
art, it is not obvious to a person skilled in the art. 
(2) In deciding whether an invention involves an inventive step, the content of the 
applications referred to in Article 5, paragraph 3 of this Law shall not be taken into 
consideration. 
Industrial Applicability 
Article 8 
(1) An invention shall be industrially applicable if its subject matter can be 
manufactured or used in any kind of industry, including agriculture. 
(2) Diagnostic or surgi cal methods or methods of treatment practiced directly on 
the alive human or animal body shall particularly not be regarded as industrially applicable 
inventions, except for the products, in particular substances or compositions used in su ch 
methods. IPINIl/HRV /PIl 
Page 4 
nI. RIGHT TO THE ACQUISITION OF A PATENT 
Persans Entitled ta Acquire a Patent far an Inventian 
Article 9 
(1) The right to a patent shall belong to the inventor or his successor in title. 
(2) If the invention has been created jointly by several inventors, the right to a joint 
patent shaH belong to the inventors or their successors in title. 
InventaI' 
Article 10 
(1) An inventor shall be the person who has created an invention in the course of 
his creative work. 
(2) The person who has contributed to the creation of an invention by providing 
only technical assistance shall not be considered to be the inventor. 
(3) The inventor shall have the moral right to be indicated as such in the patent 
application, in aIl the documents issued in relation to the grant of a patent, and in the 
Office register of applications and register of patents. 
(4) The inventor' s moral right shall not be transferable. 
Inventar 's Successar in Title 
Article Il 
(1) The inventor' s successor in title shall be the legal or natural person entitled to 
acquire a patent by virtue of the law, legal business or inheritance. 
(2) An employer shalI be considered to be the inventor's successor in title where, 
by virtue of the law or the working contract, he has the right to acquire a patent for the 
invention created under the inventor's employment. 
IV. PATENT GRANTING PROCEDURE 
1. Comman Procedural Provisions 
Article 12 
(1) The State Intellectual Property Office (hereinafter: the Office) shalI carry out 
the administrative patent granting procedure and other administrative and professional 
matters concerning the protection of an invention by a patent. 
(2) Administrative decisions made by the Office shaH not be subject to any appeal, 
but an administrative lawsuit may be instituted. Fees and Procedural Charges 
Article 13 IPINI 1 IHRV/P/I 
Page 5 
(1) The acquisition and maintenance of a patent shaH be subject to the payment of 
administrative fees and procedural charges in compliance with the special provisions. 
(2) If the administrative fees and procedural charges are not paid in the course of 
the patent granting procedure, the patent application shaH be rejected, whereas in the case 
of non-payment of administrative fees and procedural charges for the maintenance of a 
patent, such right shall lapse. 
2. Patent Application 
Institution of the Patent Granting Procedure 
Article 14 
(1) The patent granting procedure shaH be instituted by filing to the Office a 
submission containing a request for the grant of a patent and other relevant elements 
provided by this Law (hereinafter: a patent application). 
(2) The manner of filing a patent application shall be specified by the regulation 
enacted by virtue of this Law. 
Unit y of the Invention 
Article 15 
(1) As a rule, each invention shall be filed as a separate patent application. 
(2) By one patent application the patent grant for several inventions may be 
applied for, only if such inventions are so linked as to form a single inventive concept. 
Language and Script of a Patent Application 
Article 16 
(1) A patent application shall be drafted in the Croatian language and in the Latin 
script. 
(2) If the application has been drafted in the foreign language, a translation of the 
application into the Croatian language shaH be filed to the Office. 
Content of a Patent Application 
Article 17 
(1) A patent application shaH contain: 
1. a request for the grant of a patent, 
2. a description of the invention 
3. one or more daims for the protection of the invention (hereinafter: claims), 
4. any drawings referred to in the description or the daims, 
5. an abstract of an invention IPINIl IHRV IP/l 
Page 6 
(2) A request for the grant of a patent shall contain: an express indication that the 
grant of a patent is applied for, the title of the invention expressing the essence of the 
invention, and the indications concerning the applicant. 
(3) A written declaration of the inventor in the case he doesn't want to be 
mentioned in the application shall be filed to the Office not later th an within 4 months as 
from the filing date of the application. 
(4) The patent application must disclose the invention in a manner sufficiently clear 
and precise for it to be carried out by a person skilled in the art. 
(5) If the invention relates to a viable biological material which cannot be disclosed 
in a manner enabling it to be carried out by a person skilled in the art, the application must 
be accompanied by the proof to the effect that the sample of such material has been 
deposited with the competent institution not later than on the filing date of the patent 
application. 
(6) The competent institution referred to in paragraph (5) of this Article shall be 
considered to be the institution which complies with the requirements prescribed by the 
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for 
the Purposes of Patent Procedure of April 28, 1997. 
(7) The claims shall define the subject matter the protection ofwhich is applied for. 
They shall be clear and concise and fully supported by the description. Patent claims may 
be independent and dependent. The independent c1aims shall contain essential 
characteristics of an invention. The dependent c1aims shall contain specific characteristics 
of the invention defined in the independent or other dependent c1aim. 
(8) The abstract shall be the short summary of the essence of an invention serving 
exc1usively for the purpose of technical information. 
(9) The content, and the manner of drafting particular elements of the patent 
application shall be defined by the regulation enacted by virtue of this Law. 
Content of a Patent Application Necessmyfor the Filing Date to be Accorded 
Article 18 
The accordance of the filing date of the patent application shalI require that on 
su ch a date the application contains: 
1. express indication that the grant of a patent is applied for, 
2. the name or the company name respectively, and the residence or the business 
seat respectively of the applicant, 
3. the description of an invention and one or more patent claims, even though such 
description and claims do not comply with the requirements prescribed by this Law and 
the regulation enacted by virtue ofthis Law. 3. Priority Right 
Concept of Priority 
Article 19 IPlNll/HRV/P/I 
Page 7 
(l) If the same invention has been created by two or more inventors independently 
of each other, the priority concerning the right to the patent grant shall belong to the 
applicant whose patent application has the earliest filing date. 
(2) The priority shall be in effect as from the date of filing the application to the 
Office, except where the requirements for the grant of priority right referred to in Articles 
20 and 21 have been complied with. 
Requirements for the Grant of Priority Right 
Article 20 
(1) Any legal or natural pers on who has filed in any member State of the Paris 
Union for the Protection of Industrial Property (hereinafter: the Paris Union) a correct 
application for any kind of the protection for inventions, or her/his successor in title, shall 
be granted in the Republic of Croatia, the right of priority as from the date of filing the 
first application to the member State of the Paris Union, or to an international 
organization, provided that the application for the same invention is filed to the Office 
within twelve months, and that the right of priority is claimed. 
(2) The correct application referred to in paragraph (1) of this Article shaH be 
considered to be the application the filing date of which is accorded in compliance with the 
nationallaw of the member State of the Paris Union in which it was filed, or in compliance 
with the international treaty concluded among the States party ta that Union, whatever 
may be the outcome thereof. 
Priority Claim 
Article 21 
The patent applicant intending to take advantage of the priority right referred to in 
Article 20 of this Law in the Republic of Croatia, shaH file to the Office: 
1. a priority claim containing essential data concerning the first application the 
priority of which is claimed (application number and filing date, the State in which, or the 
intergovernmental organization to which the application was filed), not later than up to the 
expiration of the period of two months as from the date of filing the application in the 
Republic of Croatia. 
2. a copy of the first application certified by the competent authority of the State in 
which, or the international organization with which it was filed, not later than up to the 
expiration of the period ofthree months as from the filing date of a priority claim. IPINlllHRV/P/l 
Page 8 
Multiple Priority Claim 
Article 22 
The patent applicant may, subject to the requirements referred to in Article 21 of 
this Law, claim multiple priority right on the basis of several earlier applications filed in 
one or more of the member States of the Paris Union. 
Characteristics of the Invention to which the Priority Claim is Relating to 
Article 23 
(1) The priority claim shall relate only to su ch characteristics of the invention 
which are contained in the first application or applications the priority ofwhich is claimed. 
(2) If certain characteristics of the invention do not appear among the claims 
contained in the first application or applications respectively, for the grant of priority right 
it shall be sufficient that the application elements as a whole specifically disclose al! such 
characteristics. 
Date of the Granted Priority Right 
Article 24 
If the right of priority is granted, the date of granted priority shall be taken as the 
date of filing the patent application to the Office, when applying provisions referred to in 
Article 5, paragraphs (2) and (3) and Article 19 paragraph (l) ofthis Law. 
Computation of Time Limits in the Case of Granting Multiple Priority Right 
Article 25 
If multiple priority right is granted, the time limits which, under this Law, run from 
the date of granted priority, shall be computed as from the earliest date of the multiple 
priority right. 
4. Course of the Procedure as From the Receipt of the Patent Application up to the 
Publication Thereof 
Examination of the Patent Application After ils Receipt 
Article 26 
(1) After receiving a patent application the Office shall examine whether: 
1. the application complies with the requirements for the accordance of the filing 
date referred to in Article 18 ofthis Law, 
2. the administrative fee and the procedural charges for filing the application are 
paid in compliance with Article 13 ofthis Law, 
3. the translation of the application in the Croatian language is filed, if the 
application has been drafted in the foreign language, filed. IP/N/1/HRVIP/1 
Page 9 
4. the drawings referred to in Article 17, paragraph (1), subparagraph 4, have been 
(2) If the application doesn't comply with the requirements for the accordance of 
the filing date referred to in Article 18 of this Law, the Office shall invite the applicant to 
correct the deficiencies expressly indicated in the invitation, within 30 days as from the day 
of receipt of the invitation. 
(3) If the applicant doesn't comply with the Office invitation within the time lirnit 
referred to in paragraph (2) of this Article, the patent application shall be rejected by a 
decision. 
(4) If the applicant corrects the deficiencies within the time li mit referred to in 
paragraph (2) of this Article, the Office shall issue a decision whereby the date of receipt 
of the required corrections shall be accorded as the filing date of the patent application. 
(5) Where a patent application refers to the drawings which are not included in the 
application, the Office shall notifY the applicant that he may file them within the prescribed 
time limit. If the applicant complies with the Office notification, it shall be considered that 
the filing date is the date on which the drawings have been received by the Office. 
Otherwise, any reference to the drawings shall be considered to be non-existent. 
(6) The Office shall invite the applicant who has not submitted the proof of 
payment of the administrative fee and procedural charges, or the translation of the patent 
application into the Croatian language, to correct the respective deficiencies within sixt Y 
days as from the day ofreceipt of the invitation. 
(7) On the reasoned request of the applicant, the Office may extend the time limit 
referred to in paragraph (6) ofthis Article, for a time period considered to be justified. 
(8) If the applicant doesn't comply with the invitation referred to in paragraph (6) 
ofthis Article, the patent application having the accorded filing date shall be considered to 
be withdrawn and the Office shall issue a decision on the suspension of the patent granting 
procedure. 
EntJy of the Patent Application into the Register of Patent Applications 
Article 27 
CI) A patent application to which the filing date has been accorded by a decision 
shall be entered into the register of patent applications kept by the Office. 
(2) The content of the register of patent applications and the manner of keeping it 
shall be prescribed by the regulation enacted by virtue ofthis Law. 
Priority Certificate 
Article 28 
CI) On the request of the applicant, the Office shaH issue a certificate of the right of 
priority acquired on the basis of the filing date of the patent application, accorded in 
compliance with the provisions of Article 26 ofthis Law. 
(2) The requirements for and the method of issuing the certificate referred to in 
paragraph (1) of this Article, as weil as the content thereof shall be defined by the 
regulation enacted by virtue of this Law. IPINIIIHRV IPII 
Page 10 
Division of the Patent Application 
Article 29 
(1) The applicant may divide the subject matter of the patent application having the 
accorded filing date (the original application) into two or more applications and on the 
basis of each of them shall carry out a separate procedure. 
(2) The division of the original patent application shall be allowed up to the 
decision concerning the request for the grant of a patent. 
(3) The patent application resulting from the division of the original application (a 
divisional application) shall maintain the filing date of the original application and, if 
having grounds therefor, shall enjoy the priority thereof. 
Amendments of the Patent Application 
Article 30 
The patent application to which the filing date has been accorded shall not be 
subsequently amended by extending the subject matter the protection of which is applied 
for. 
Prerequisits for the Publication of a Patent Application 
Article 31 
(1) The examination of prerequisits for the publication of a patent application shall 
establish whether the application complies with the following requirements: 
1. does it contain all the elements referred to in Article 17 of this Law drafted in a 
prescribed manner, and necessary attachments prescribed by this Law, 
2. whether the inventor is mentioned, 
3. whether a proper priority claim has been filed within the meaning of Article 21 
of this Law, if the priority right is claimed, 
4. is the applicant, who is the foreign natural or legal person, represented by the 
patent agent entered into the register of agents kept by the Office, 
5. does the application, at first sight, complies with the rule on the unit y of 
invention referred to in Article 15 ofthis Law, 
6. whether the subject matter of the application is, at first sight, patentable within 
the meaning of Article 4, paragraphs (2) and (4), and Article 8 ofthis Law. 
(2) If the examination establishes that the requirements referred to in paragraph (1) 
of this Article are not complied with, the Office shaH invite the applicant to correct 
deficiencies expressly indicated in the invitation within the reasonable time limit. This time 
limit shall not be less than 30 days and shall not exceed 90 days as from the date of receipt 
Jfthe invitation. 
(3) On the reasoned request of the applicant the Office may extend the time limit 
:eferred to in paragraph (2) ofthis Article for a period which it considers to be justified. IP/NIl/HRVIPIl 
Page Il 
(4) If the applicant doesn't correct the deficiencies referred ta in paragraph (2) of 
this Article within the prescribed time limit, the Office shall issue a decision on the 
rejection of the patent application. 
(5) The Office shall issue a decision on the refusaI of the request for the grant of a 
patent if the application has been filed for an invention which is not patentable within the 
meaning of Article 4, paragraphs (2) and (4), or Article 8 ofthis Law. 
(6) If the applicant doesn't comply with the invitation referred ta in paragraph (2) 
of this Article, the Office shaH not grant the priority right. 
5. Publication of a Patent Application 
Malmer and Content of the Publication of a Patent Application 
Article 32 
(1) A patent application complying, according ta the examination, with aH the 
requirements referred ta in Article 31 of this Law, the decision ta that effect being issued 
by the Office shaH be, subject ta the payment of the administrative fee and procedural 
charges for the publication, published in the Office official gazette after the expiration of 
18 months as from its filing date, or from the date of granted priority respectively. 
(2) The patent application referred ta in paragraph (1) of this Article may be, on 
the request of the applicant, published even before the expiration of the said time limit, but 
not before the expiration of 3 months as from the date of its filing ta the Office. 
(3) The publication of a patent application shall comprise the publication of an 
abstract, a characteristic figure of the drawings, if any, and bibliographie indications as 
specified by the regulation enacted by virtue ofthis Law. 
(4) The published patent application shall became available ta the public. 
6. Course of the Procedure as from the Publication of the Patent Application 
up to the Grant of a Patent 
Request for the Grant of a Patent 
Article 33 
(1) After the publication of a patent application in the Office official gazette, the 
applicant may, within 6 months as from the date of publication, file one of the requests for 
the examination of the requirements for the grant of a patent: 
1. a request for the grant of a patent on the basis of the substantive examination of 
a patent application, or 
2. a request for the grant of a patent on the basis of the submitted results of the 
substantive examination of a patent application, or 
3. a request for the grant of a patent without the substantive examination of a 
patent application (hereinafter: consensual patent). 
(2) If, within the prescribed time li mit, the request referred ta in paragraph (1) is 
not filed, or the administrative fee and the procedural charges have not been paid in 
compliance with Article 13 of this Law, the patent application shall be considered ta be IP/N/1/HRV/P/1 
Page 12 
withdrawn, and the Office shall issue a decision on the suspension of the procedure for the 
grant of the patent. 
Grant of a Patent on the Basis of the Substantive Examination of a Patent Application 
Article 34 
(1) The substantive examination of a patent application shaU establish whether an 
invention complies with aU the requirements for the grant of the patent, i. e. whether the 
subject matter of the application: 
1. is the invention which may be protected by a patent in compliance with Article 
4, paragraphs (2), (3) and (4) ofthis Law; 
2. is the invention which is disclosed in the application in the manner sufficiently 
clear and precise to be carried out by the person skiUed in the art, in compliance with 
Article 17, paragraphs (4) ofthis Law; 
3. is the invention which is in compliance with the rule on the unit y of invention 
referred to in Article 14 ofthis Law; 
4. is the invention which is new under Articles 6 and 7 ofthis Law, which includes 
an inventive step under Article 7 of this Law, and which is industrially applicable under 
Article 8 ofthis Law. 
(2) The substantive examination of a patent application referred to in paragraph (l) 
ofthis Article may be carried out by the Office, completely or partiaUy, through one of the 
national patent offices of other countries with which it has concluded a cooperation 
agreement. 
(3) The applicant who has filed the patent application for the protection of the 
same invention also to one of the national patent offices of other countries, may file to the 
Office the results of substantive examination translated into the Croatian language. 
Grant of a Patent on the Basis of the Submitted Results of the Substantive Examination 
Article 35 
(1) A request for the grant of a patent by accepting results of the substantive 
examination in compliance with Article 33, paragraph (1), subparagraph 2 of this Law, 
may be filed only in case where the patent application for the same invention has been filed 
with one or more elected offices. 
(2) The elected offices referred to in paragraph (l) of this Article shall be, as a 
rule, national and international offices which, by virtue of Article 16 or 32 respectively, of 
the Patent Cooperation Treaty, have the status of the International Searching Authority or 
International Preliminary Examining Authority respectively, with which, at the time of 
filing the request referred to in Article 33, paragraph (1), subparagraph 2, the Office has 
the cooperation agreement already signed. 
Article 36 
(1) The applicant referred to in Article 35 paragraph (1) ofthis Law shall enclose 
to the request a signed statement to the effect that he will furnish the translations of the 
results of the substantive examination carried out by one or more elected offices within 6 IPIN/lIHRVIP/1 
Page 13 
months as from the day of the availability thereof, and not more than within 5 years as 
from the date offiling the application to the elected office. 
(2) On the reasoned request of the applicant and the evidence furnished, the Office 
may extend the time limit referred to in paragraph (1) of this Article, for not more than 3 
months after the termination of the procedure for the substantive examination carried out 
by the elected office, the results of which shall be filed with to Office. 
(3) If the applicant doesn't furnish the translation of the results of the substantive 
examination carried out by the elected office, which shall be sufficient for the Office to 
make a decision concerning a request for the grant of the patent, the patent application 
shall be considered to be withdrawn, and the Office shall issue a decision on the 
suspension of the procedure. 
Article 37 
The content and the form of filing the request referred to in Article 33, paragraph 
(1) ofthis Law shall be specified by the regulation enacted by virtue ofthis Law. 
Article 38 
(1) The Office shall issue a decision concerning the request for the grant of a 
patent on the basis of acceptance of the results of the substantive examination of the 
requirements referred to in Article 34, paragraph (1) of this Law, and on the basis of 
additional examinations. 
(2) The additional examination of a patent application shall establish whether the 
invention complies with the requirements for the grant of a patent i. e. whether the subject 
matter of the application is: 
1. the invention which is patentable in compliance with Article 4, paragraph (4), 
subparagraph l, and which is morally allowed in compliance with Article 4, paragraph (4), 
subparagraph 2 of this Law, 
2. the invention which is new with regard to ail of the patent applications filed 
earlier to the Office in compliance with Article 5, paragraph (3) ofthis Law, 
3. the invention in relation to which the sufficient data have been furnished for the 
evaluation of compliance with all the requirements referred to in Article 34, paragraph (1) 
ofthis Law. 
Consensual Patent 
Article 39 
(1) A request for the grant of a patent without substantive examination of a patent 
application in compliance with Article 33, paragraph (1), subparagraph 3 ofthis Law shall 
be pub li shed in the Office official gazette within three months as from its filing date. 
(2) The manner and the content of the publication in compliance with paragraph 
(1) ofthis Article shall be prescribed by the regulation enacted by virtue ofthis Law. IP/NIIIHRV/P/I 
Page 14 
Opposition ta the Grant of a Consensual Patent 
Article 40 
(1) After the publication of the request referred to in Article 39 of this Law, any 
legal or natural person may, within 6 months, file to the Office an opposition to the grant 
of a consensual patent, or a request for the substantive examination in compliance with 
Article 33, paragraph (1), subparagraph 1 ofthis Law. 
(2) The opposition, or the request for the substantive examination referred to in 
paragraph (1) of this Article shall be accompanied by evidence on the payment of 
procedural charges for the opposition which shall be one third of the administrative 
procedura! charges for the substantive examination, or administrative procedural charges 
for the substantive examination. 
(3) The content of the opposition referred to in paragraph (1) of this Article shall 
be defined by the regulation enacted by virtue ofthis Law. 
Procedure Concerning the Opposition ta the Grant of a Consensual Patent 
Article 41 
If the opposition has been filed on time, and if the administrative fee and 
procedural charges for the opposition are paid in compliance with Article 13 of this Law, 
the Office shaH notify the opposition to the consensual patent applicant. 
Article 42 
(1) A consensual patent applicant may, within six months as from the receipt of the 
notification referred to in Article 41 of this Law, file a request for the grant of a patent on 
the basis of the substantive examination procedure in compliance with Article 33, 
paragraph (1), subparagraph 1 of this Law, when he shall be required to pay the difference 
between the administrative fee for the opposition already paid and the administrative fee 
for the substantive examination. 
(2) If the consensual patent applicant doesn't comply with paragraph (1) of this 
Article, the Office shall reject the patent application by a decision. 
Article 43 
Any natura! or legal person may file a request for the substantive examination in 
compliance with Article 33, paragraph (1), subparagraph 1, for the whole duration of a 
consensual patent, and it shaH be carried out in compliance with Article 34, paragraph (1) 
of this Law, provided that the administrative fee and procedural charges have been paid in 
compliance with Article 13 ofthis Law. 
Decision on the RefusaI of a Request for the Grant of a Patent 
Article 44 
(1) If the substantive examination carried out in compliance with Article 34, 
paragraph (1) of this Law or the acceptance of the results of the substantive examination 
in compliance with Article 38 of this Law, has established that the subject matter of a IP/N/IIHRV/PIl 
Page 15 
patent application doesn't comply with the requirements for the grant of a patent, the 
Office shall, in the written notification, inform the patent applicant of the reasons due ta 
which the patent shall not be granted, and shall invite him to comment, in a written form, 
on the specified reasons within the time limit, which shall not be less th an 30 days and shall 
not exceed 90 days, as from the receipt of the invitation. 
(2) On the reasoned request of the applicant the Office may extend the time limit 
referred ta in paragraph (1) ofthis Article. 
(3) If the patent applicant doesn't comply with the invitation' referred ta in 
paragraph (1) of this Article, the Office shall issue a decision on the refusai of the request 
for the grant of a patent. 
Decision on the Grant of a Patent 
Article 45 
(1) If it has been established that the filed patent application: 
1. complies with all the requirements for the grant of a patent referred ta in Article 
34, paragraph (1) ofthis Law, 
2. complies with the requirements for the grant of a patent referred to in Article 38 
ofthis Law, and 
3. that the opposition ta the grant of a consensual patent in compliance with 
Article 40 of this Law has not been filed, 
the requirements for the grant of a patent have been complied with and the Office shall 
issue a decision to that effect. 
(2) The Office shall communicate ta the applicant the text of the application on the 
basis of which it intends ta grant a patent, and shall invite him to submit a written approval 
ta the text communicated ta hi m, within 30 days as from the day of receipt of the 
invitation. 
(3) If the applicant doesn't comply with the invitation within the time limit referred 
ta in paragraph (2) of this Article, the Office shall issue a decision on the grant of a patent, 
as if the consent has been submitted. 
(4) If the patent applicant submits in time a written declaration ta the effect that he 
doesn't agree with the proposai referred ta in paragraph (2) of this Article, he shall state 
the reasons therefor, and shall submit ta the Office the amended text of the claims. 
(5) If the Office accepts the applicant's reasons and amends the text of the claims 
referred ta in paragraph (4) of this Article it shall issue a decision on the grant of a patent 
according to the text of the claims proposed by the patent applicant. 
(6) The Office shall issue a decision referred ta in paragraphs (3) and (5) provided 
that the administrative fees and procedural charges for the maintenance of a patent, the 
publication thereof and the issuance of the patent certificate and patent file have been paid 
in compliance with Article 13 ofthis Law. IP/N/I/HRV/P/I 
Page 16 
Patent Register 
Article 46 
(1) The data specified in the decision on the grant of a patent shall be entered into 
the patent register kept by the Office, on the date of the decision. 
(2) The data specified in the decision on the refusai of the request for the grant of a 
patent shall be entered into the register of patent applications. 
(3) The content and the manner of keeping the patent register shall be specified by 
the regulation enacted by virtue ofthis Law. 
Patent Certificate 
Article 47 
(1) The patent owner shall be issued a patent certificate not later than within 30 
days as from the date of the decision on the grant of a patent. 
(2) Where a consensual patent is granted, the patent owner shaH be issued a 
consensual patent certificate. 
(3) The content and form of the certificates referred to in paragraphs (1) or (2) of 
this Article shall be specified by the regulation enacted by virtue ofthis Law. 
Publication of a Patent 
Article 48 
(1) A patent shall be published in the Office official gazette, whereas the 
consensual patent shall be published in the special part thereof not later than within 3 
months as from the date of the decision on the grant thereof. 
(2) The publication of a patent shall comprise the publication of the first 
independent c1aim, the characteristic figure of the drawings, if any, and the bibliographic 
data defined by the regulation enacted by virtue ofthis Law. 
Patent File 
Article 49 
(1) The patent owner shall be issued the Patent file not later than within 6 months 
as from the date of the decision on the grant of a patent, which shall be, where the 
consensual patent is concerned, designated as the Consensual Patent File. 
(2) The content and the form of the Patent File referred to in paragraph (1) of this 
AIiicle shall be specified by the Regulation enacted by virtue ofthis Law. 
Entfy of the Changes into the Registers 
Article 50 
(1) On the request of a party for the entry of the changes into the register the 
Office shall issue a decision on the entry into the patent application register, or into the 
patent register, of the changes which have occurred after the filing of the application, or IPIN11/HRV /PlI 
Page 17 
after the entry of the decision on the grant of a patent (for example: a license, a transfer of 
a right, change of the name or the seat of an applicant or a patent owner). 
(2) The entered changes referred to in paragraph (l) of this Article shaH be 
published in the Office official gazette. 
(3) The entry of changes into the Office registers, the publication thereof in the 
official gazette and furnishing of the excerpts from the register, shaH be specified by the 
regulation enacted by virtue of this Law. 
Correction of Deficiencies in the Documents 
Article 51 
Linguistic and typing errors as weH as the deficiencies in the documents may be 
corrected by a decision on the basis of the written request of the patent applicant or patent 
owner respectively, or ex officio. 
V. EFFECTS OF A PATENT 
Exclusive Rights Acquired by a Patent 
Article 52 
(l) The patent owner shall be the sole person entitled to exploit the protected 
invention. 
(2) Any other person not having the patent owner's consent shall be prohibited 
from: 
1. making, offering for sale, selling, using, or importing and stocking for such 
purposes, the product carried out according to the invention, 
2. using the pro cess which is the subject matter of the invention, or offering the use 
thereof, 
3. offering for sale, selling, using or, importing and stocking for such purposes, the 
product which is obtained directly from a process which is the subject matter of the 
invention. 
(3) Any other person not having the patent owner' s consent shaH be also 
prohibited from offering and supplying the product (substance, composition, part of the 
apparatus) constituting an essential element of the invention, to persons not entitled to 
exploit the said invention, if the offerer or the supplier knows or should have known from 
the circumstances of the case that su ch product is intended for putting into function the 
invention of another. 
(4) The provisions referred to in paragraph (3) ofthis Article shaH not apply if the 
offered or supplied product is a staple commercial product, except where the supplier or 
offerer induces other persons to commit acts referred to in paragraph (2) ofthis Article. 
(5) The patent owner's exclusive right of exploitation of the invention shaH not 
apply to: 
1. acts in which the invention is exploited for private and non-commercial 
purposes, IP/N/lIHRV/PIl 
Page 18 
2. acts done for the purposes of the research and development of the subject 
matter of the protected invention, in particular: making, using, offering for sale, 
importation, or exportation of the protected product, where such acts are reasonably 
connected with the experiments and tests necessary for the registration of the human and 
veterinary medicines, medical and veterinary products or preparations for the protection of 
plants, 
3. direct and individual preparation of a medicine in a pharmacy on the basis of an 
individual medical prescription and acts relating to the medicine so prepared. 
(6) In the absence of proofs to the contrary, a product shaH be considered to have 
been obtained by a protected pro cess, if it is new and if a substantial likelihood exists that 
the product was made by a protected pro cess, and that the patent owner has been unable, 
despite reasonable efforts, to determine the pro cess actually used. A substantial likeIihood 
that the product was obtained by the protected process shall exist, in particular, where the 
protected pro cess is the only process known. 
Seope of the Exclusive Rights 
Article 53 
The scope of the patent owner' s exclusive rights shaH be determined by the text of 
the claims which are finally accepted in the patent granting procedure, whereat the 
description and drawings serve to interpret patent claims. 
License Con/met and Tmnifer of Rights 
Article 54 
(l) The right to exploit the protected invention shaH be assigned by a license 
contract. 
(2) A patent may be the subject of the transfer, complete and partial. 
(3) The license contract and the contract on the transfer of a patent shall be 
concluded under the conditions and in a manner as prescribed by the Law on Obligatory 
Relations. 
(4) The conclusion of the Iicense contract or the contra ct on the transfer of a joint 
patent shaH require the consent of aU the owners thereof. 
(5) The provisions of this Article shalI also apply in an appropriate manner to the 
conclusion of the license contract, and the contract on the transfer of the right arising from 
a patent application. 
VI. LIMITATION OF THE EFFECT OF A PATENT 
Right of the Prior User 
Article 55 
(1) A patent shall have no effect against the person who had, prior to the filing 
date of the application, or prior to the date of granted priority exploited or manufactured, 
in good faith and within her/his economic activities, the product which is the subject IPIN/1/HRVIPIl 
Page 19 
matter of the invention or, had made real and serious preparations for such exploitation of 
the invention in the Republic of Croatia. 
(2) The person referred to in paragraph (1) of this Article shall have the right to 
proceed, without the patent owner' s consent, with the exploitation of the invention to the 
extent to which she/he had exploited it or had prepared its exploitation up to the filing 
date of the application for the said invention. 
(3) The right referred to in paragraph (2) of this Article may be transferred or 
inherited only with the working process and production plant in which the exploitation of 
the invention has been prepared or has started. 
Vehicles in the International Traffic 
Article 56 
The use of the products made according to the protected invention in the 
construction or equipment of a vessel, aircraft or land vehicle belonging to any of the 
member States of the Paris Union for the Protection of lndustrial Property (hereinafter: 
the Paris Union) shall not be considered to be the patent infringement where su ch 
transport means finds itself temporarily or accidentally in the territ ory of the Republic of 
Croatia, provided that the product serves exclusively for the purposes of the said 
transport means. 
CompulsOly License 
Article 57 
(1) The court in the Republic of Croatia shall be exclusively competent, and may 
grant a compulsory license, on the request of any interested person, if the patent owner 
doesn't exploit the protected invention, or exploits it to the extent which is insufficient to 
satisfy the needs of the Croatian market, and refuses to conclude a license contract or sets 
forth non-market terms for the conclusion of su ch a contract. 
(2) A request for the grant of a compulsory license may be filed after the expiration 
of the period of 4 years as from the filing date of the application, or after the expiration of 
the period of3 years as from the date of the patent grant, whichever occurs later. 
(3) If the exploitation of a protected invention is of public interest (health, defense, 
protection and improvement of the human enviromnent) or of a special interest for a 
particular branch of economy, the compulsory license may be granted even before the 
expiration of the terms referred to in paragraph (2) ofthis Article. 
( 4) A compulsory license shall not be granted if the patent owner proves the 
existence of the legitimate reasons justifying the non-exploitation or insufficient 
exploitation of the protected invention. 
(5) In the case of the grant of a compulsory license, the patent owner shall be 
entitled to a remuneration, corresponding to the economic value of the li cense which shall 
be determined by the court decision referred to in paragraph (1) of this Article. IP/NIl/HRV/PI1 
Page 20 
Article 58 
(1) A compulsory license shall be granted for the purposes of supplying the 
domestic market. It shall not be exclusive and the duration thereof is connected 
exc1usively with the duration of reasons it has been granted for. 
(2) A compulsory license shaH not be transferred without the production plant or 
the part thereof respectively, in which the invention it is granted for has been exploited. 
Exhaustion of the Patent O~vners' Exclusive A uthorizations 
Article 59 
The patent owner may not prohibit to other persons offering for sale, sale or use of 
the product previously put on the domestic market by him or by other person having his 
express consent. 
VIL DURATION, MAINTENANCE AND CESSATION OF EFFECT OF A 
PATENT 
Term of a Patent 
Article 60 
The term of a patent shaH be 20 years counting from the filing date of the 
application. 
Article 61 
The term of a consensual patent shaH be 10 years counting from the filing date of 
the application. 
Annual Fees and Procedural Chargesfor the Maintenance of a Paient 
Article 62 
(1) The payment obligation comprising annual administrative fees and procedural 
charges shall arise with the grant of a patent. For the first time the Office shaH invite the 
patent owner to paya total amount for the maintenance of a patent for the period as from 
the filing date of the application up to the date of the patent grant. 
(2) The annual administrative fee and procedural charges for the maintenance of a 
patent, for the forthcoming period shall be due on the date corresponding to the filing date 
of the patent application. 
(3) If the patent owner fails to pay the administrative fee and procedural charges in 
compliance with paragraph (2) of this Article, he may pay them in the grace period of 6 
months, provided that he also pays an additional administrative fee and additional 
administrative procedural charges. IPIN/lIHRVIPIl 
Page 21 
Pre-Terrn Lapse of a Patent Due ta the Non-Payment of Annual Maintenance Fees and 
Procedural Charges 
Article 63 
If the patent owner doesn't paya prescribed annual fee and procedural charges for 
the maintenance of a patent, the patent shall lapse on the day following the day on which 
the time limit for the payment referred ta in Article 62, paragraph (2) of this Law has 
expired. 
Pre-Terrn Lapse of a Patent Due ta the Surrender Thereof 
Article 64 
(l) If the patent owner surrenders a patent, it shall lapse on the day following the 
day on which a written declaration concerning the surrender thereof has been filed ta the 
Office. 
(2) If a particular right on behalf ofthird persans has been entered into the register, 
the patent owner may not surrender a patent without a prior certified written consent of 
those persons. 
Succession of the Patent Owner 's Capacity 
Article 65 
(1) A patent shalllapse on the day of the patent owner's death, if, within 6 months, 
the heirs do not effect the entry into the Office patent register. 
(2) If the patent owner is a legal person, a patent shall lapse on the day of the 10ss 
of the capacity of the legal person. 
VIII. DECLARATION OF NULLITY OF THE DECISION ON THE GRANT 
OF A PATENT 
Reasons for the Declaration of Nullity of the Decision on the Grant of a Patent 
Article 66 
The decision on the grant of a patent may be declared null and void ex officio at 
any time, on the proposaI of any interested person or a State Attorney, if the patent has 
been granted: 
1. for the invention which may not, within the meaning of Article 4, paragraphs (2) 
and (4) of this Law, be protected by a patent, 
2. for the invention which, on the filing date of the patent application or on the 
date of the granted priority respectively, was not new or didn't include an inventive step, 
3. for the invention which is not industrially applicable, 
4. for the invention which is not disclosed in a manner sufficiently clear and precise 
as to be carried out by the person skilled in the art, IPINll/HRV/P/l 
Page 22 
5. in a larger scope than it could have been with regard to the claims supported by 
the description on the filing date of the application or on the date of granted priority 
respectively, 
6. on behalf of the person not entitled to the patent protection of the invention. 
Proposal for the Declaration of Nullity of the Decision on the Grant of a Patent 
Article 67 
(1) The procedure concerning the declaration of nullity of the decision on the grant 
of the patent shall begin by filing the proposaI with the Office. 
(2) The proposaI referred to in paragraph (1) of this Article shall contain the data 
concerning the applicant, the owner of a patent, the number of the decision, and the 
registration number of the patent, the reasons for the proposaI of the declaration of nullity 
of the decision supported by necessary evidence, and the reasoned legal interest of the 
person filing the proposaI. 
Procedure Concerning the Proposal for the Declaration of Nllllity of the Decision on the 
Grant of a Patent 
Article 68 
(1) If the proposai for the declaration of nullity of the decision on the grant of a 
patent is not drafted in compliance with the provision referred to in Article 67, paragraph 
(2), of this Law, or if the administrative fee and procedural charges have not been paid in 
compliance with Article 13 of this Law, the Office shall invite the applicant to correct the 
deficiencies within 30 days as from the day ofreceipt of the invitation. 
(2) If the applicant doesn't correct the proposaI within the time limit specified in 
paragraph (1) ofthis Article, the Office shaH reject a proposaI by a decision. 
(3) The Office shall communicate the correct proposai for the declaration of nullity 
of the decision to the patent owner and shall invite him to submit his response within the 
period which shaH not be less than 30 days and shaH not exceed 60 days, as from the day 
of the receipt thereof. 
(4) In the course of the procedure concerning the declaration of nullity of the 
decision on the grant of a patent, the Office shall invite the parties as many times as 
necessary to submit, within the period referred to in paragraph (3) of this Article, their 
comments on the submissions of the other party. 
(5) The Office shaH hold a hearing if it considers that it is necessary for the 
establishment of the facts essential for the decision on the proposaI for the declaration of 
nullity of the decision on the grant of a patent. 
(6) On the reasoned request, the Office may extend the time limits referred to in 
paragraphs (1) and (3) ofthis Article for the time it considers to be justified. 
(7) In cases where the owner of a consensual patent is concerned, and where the 
evidence referred to in Article 67, paragraph (2) ofthis Law are sufficient for a reasonable 
doubt that the consensual patent doesn't comply with the requirements referred to in 
Article 4, paragraph (1) of this Law, the response referred to in paragraph (3) of this 
Article shaH also contain a request for the substantive examinatiol1. IPINIl /HRV IPll 
Page 23 
Withdrawa! of the Proposa! for the Declaration of Nullity of the Decision on the Grant 
ofa Patent 
Article 69 
If the person filing the proposai for the declaration of nullity of the decision on thE 
grant of a patent withdraws the proposai in the course of the procedure, the Office ma)' 
proceed ex officio. 
Decision Concerning the Proposa! for the Declaration of Nullity of the Decision on the 
Grant of a Patent 
Article 70 
On the basis of the results of the procedure, the Office shall issue a decision on the 
declaration of nullity of the decision on the grant of a patent, entirely or partially, or the 
decision on the refusai of the proposaI. 
IX. CANCELLATION OF THE DECISION ON THE GRANT OF A 
PATENT 
Reasonsfor the Cancellation of the Decision on the Grant of a Patent 
Article 71 
The decision on the grant of a patent may be canceled prior to the expiration of the 
term of a patent, if it is established: 
1. that the viable biological material deposited in the authorized institution in 
compliance with the provision referred to in Article 17, paragraph (5) of this Law no 
longer exists or that the said material is no longer available to the public, 
2. that its availability to the public through the authorized institution in which it has 
been deposited was discontinued in the period longer than it is prescribed. 
ProposaI and Procedure Conceming the Cancellation of the Decision on the Grant of a 
Patent 
Article 72 
(l) The procedure concerning the cancellation of the decision on the grant of a 
patent shall begin by filing the proposai with the Office. 
(2) The provisions of this Law relating to the content of the proposaI and to the 
procedure concerning the declaration of nullity of the decision on the grant of a patent 
shall apply in an appropriate manner both, to the content of the proposaI and to the 
procedure concerning the cancellation of the decision on the grant of a patent. IP/N/lIHR V /PIl 
Page 24 
Decision on the ProposaI Concerning the Cancellation of the Decision on the Grant of a 
Patent 
Article 73 
(1) On the basis of the results of the procedure the Office shall issue a decision on 
the cancellation of the decision on the grant of a patent, or the decision refusing the 
proposai as unfounded. 
(2) The decision on the cancellation of the decision on the grant of a patent shaH 
have legal effect as from the date on which the Office has established that the viable 
biological material no longer exists, or is no loner available to the public for other reasons, 
or that the discontinuance of availability of the viable biological material ta the public has 
taken place within the period longer than the prescribed one. 
X. CIVIL PROTECTION OF RIGHTS 
1. An Action for the Establishment of the Patent Protection Rights 
Right of Action 
Article 74 
(1) The inventor or his successor in title shall be entitled ta require, through an 
action before the competent court, the establishment of the right to the patent protection 
of the invention, if a request for the grant of a patent has been filed by the person not 
entitled ta su ch right or, in case of the jointly created invention, by the person who is not 
the sole persan entitled ta such right. 
(2) The action referred ta in paragraph (1) ofthis Article may be brought up to the 
decision on the grant of a patent. 
(3) The procedure concerning the action for the establishment of the right to the 
patent protection of the invention shaIl be urgent. 
Right to Resume the Procedure for the Grant of a Patent by Virtue of the Final Court 
Decision 
Article 75 
The inventor or his successor in title respectively whose right ta a patent 
protection of the invention has been established by a final court decision shall be entitled 
ta resume the procedure for the grant of a patent within 3 months as from the date the 
court decision comes into effect. 2. Actionfor the lnfringement of the lnventor's Moral Right 
Right of Action 
Article 76 IP/NIlIHRV/PI1 
Page 25 
(1) The inventor shaIl be entitled to require through an action before the competent 
court the ordering of the entry of his name into the patent application and aIl the 
documents issued for a patent as well as into appropriate Office registers, if the person 
mentioned as such in the application is not the inventor. 
(2) The right to the action referred to in paragraph (1) of this Article shall also 
belong to the inventor of the joint invention who is not mentioned in the patent 
application. 
(3) The request referred to in paragraph (1) ofthis Article may be accompanied by 
a request for the final court decision to be published at the expense of the defendant. 
(4) The time limit for an action referred to in paragraphs (l) and (2) .shall not be 
limited. After the death of the inventor the right to an action shall belong by his heirs. 
3. Action Concerning the lnfringement of a Patent 
Right of Action 
Article 77 
(1) The patent owner shall be entitled to an action before the competent court 
against any person who infringes a patent by performing any of the actions referred to in . 
Article 52, paragraphs (2) and (3) ofthis Law. 
(2) The right to the action referred to in paragraph (1) of this Article, after the 
grant of a patent, shall also belong to the owner of the exclusive li cense. 
(3) The owner of a consensual patent shall have, prior to the action referred to in 
paragraph (1) of this Article, the results of the substantive examination at his disposa!. 
Requirements Contained in the Action 
Article 78 
(1) An action for the infringement of a patent may contain the requirements for: 
l. the establishment of the existence of the infringement, 
2. the prohibition of actions infringing a patent, 
3. the compensation for damages, 
4. the seizure and destruction of the products resulting from or acquired by the 
infringement of a patent, and articles (implements and tools) predominantly used in the 
creation of the products infringing a patent, and the publication of the court decision at the 
expense of the defendant. 
(2) The plaintiff shaH be entitIed to the compensation for damage suffered by him 
as from the publication date of the patent application in the manner provided for in Article 
32 ofthis Law. IPIN/l/HRV/P/l 
Page 26 
(3) To the matters concerning the compensation for damage caused by the 
infringement of a patent not regulated by this Law, the corresponding provisions of the 
Law on Obligatory Relations shaH apply. 
Ordering of a Provisional Measure 
Article 79 
(1) The action may constitute a request for ordering, before the court decision 
co mes into effect, a provisional measure comprising: 
1. the desistance from actions infringing a patent, or actions which might infringe a 
patent, 
2. the seizure or exclusion from circulation respectively of the products resulting 
from or acquired by the infringement of a patent and of the articles (implements and tools) 
predominantly used in the creation of the products infringing a patent, 
3. the preservation of evidence on the infringement of the patent. 
(2) Subject to the provision referred to in paragraph (1) of this Article, the 
proposaI for ordering a provisional measure may be filed even before the action, provided 
that the action is brought within 15 days as from the day offiling a proposaI. 
(3) If there is a likelihood of irreparable damage to be do ne or a likelihood that the 
later derivation of evidence would be difficult or impossible, the court shaH order a 
provisionaI measure, without previously notifying the other party. 
(4) To the matters concerning the ordering of provisional measures not regulated 
by this Law the corresponding provisions of the Law on Enforcement shall apply. 
Limitation Periodfor Bringing an Action Concerning the Infringement of a Patent 
Article 80 
The action concerning the infringement of a patent may be brought within 3 years 
as from the day of learning about the infringement and the infringer, but not later th an the 
expiration of the period of 5 years as from the day on which the infringement was 
committed. 
Urgency of the Procedure Concerning the Action for the Infringement of a Patent 
Article 81 
The procedure concerning the action for the infringement of a patent shaH be 
urgent. IPIN/IIHRVIPIl 
Page 27 
XI. INTERNATIONAL PATENT APPLICATION UNDER THE PATENT 
COOPERATION TREATY 
International Patent Application 
Article 82 
(1) The international patent application shall be the application filed in compliance 
with the Patent Cooperation Treaty (hereinafter: the Treaty). Any reference in this Law to 
the Treaty (in Articles 82 to 85) shall be, at the same time, considered to be the reference 
to the Regulations under the Patent Cooperation Treaty. 
(2) To the international patent applications filed with the Office as the receiving, 
designated, or elected office, the provisions of the Treaty, this Law, and the regulation 
enacted by virtue ofthis Law shall apply. 
International Patent Application Filed with The Office as the Receiving Office 
Article 83 
(1) The international patent application may be filed with the Office as the 
receiving office if the applicant is the Croatian national, or a natural person having the 
residence in the Republic of Croatia or a legal person having business seat in the Republic 
ofCroatia. 
(2) The filing of the international patent application referred to in paragraph (1) of 
this Article shaH be, in compliance with Article 13 of this Law, subject to the payment of 
the prescribed administrative fee and procedural charges for its transmittal to the 
International Bureau, within one month as from the date of receipt of the international 
patent application. 
International Patent Application Filed with the Office as the Designated or Elected 
Office 
Article 84 
(1) The international patent application in which the Republic of Croatia is 
designated, in compliance with the provisions of the Treaty, for the grant of a national 
patent, shaH be filed with the Office as the designated office, in the Croatian language, 
within 21 months, counting from the date of priority. 
(2) The international application in which the Republic of Croatia is, in compliance 
with the provisions ofthe Treaty, elected as the State in which the applicant intends to use 
the results of the international preliminary examination of that application for the purposes 
of being granted a national patent, shall be filed with the Office as the elected office in the 
Croatian language, within 31 months, counting from the date of priority. TPINIl/HRVIPII 
Page 28 
Procedure Concerning the InternaNonal Patent Application Filed with the Office as the 
Designated or Elected Office 
Article 85 
(1) The international patent application filed with the Office as the designated or 
elected office shall be published in the Office official gazette in the manner provided for in 
Article 32, paragraph (3) ofthis Law. 
(2) In respect of the international applications referred to in paragraph (1) of this 
Article, the time limit within which a request referred to in Article 33 of this Law may be 
filed shall run as from the date of publication in the Office official gazette. 
(3) The Office shall not carry out a substantive examination of the international 
application referred to in paragraph (l) of this Article for the inventions which have not 
been the subject of the international search in the procedure before the International 
Searching Authority in compliance with Article 17 of the Treaty, or have not been the 
subject of the international preliminary examination in the procedure before the 
International Preliminary Examination Authority in compliance with Article 34 of the 
Treaty. 
XII. MISDEMEANORS 
Article 86 
(1) Any legal or natural person shall be puni shed for a misdemeanor by a fine 
amounting from 20. 000 up to 200. 000 kunas if it, contrary to the provisions of this Law: 
1. makes, offers for sale, sells, or imports and stocks for such purposes a product 
which is manufactured according to the protected invention (Article 52, paragraph (2), 
subparagraph l, 
2. uses or offers for use a process which is the subject matter of the protected 
invention (Article 52, paragraph (2), subparagraph 2), 
3. offers for sale, selIs, uses, or imports and stocks for su ch purposes a product 
which is obtained directly from the pro cess which is the subject matter of the protected 
invention (Article 52, paragraph (2), subparagraph 3), 
4. offers or supplies a product which constitutes the essential element of the 
protected invention (Article 52, paragraph (3). 
(2) A responsible person in the legal entity shall be also puni shed for a 
misdemeanor by a fine amounting from 5.000 up to 20.000 kunas. 
Article 87 
(1) The commitment of misdemeanors referred to in Article 86 of this Law shall, in 
addition to a fine, be subject to the pronunciation of the protective measure ordering the 
seizure of products resulting from or acquired by the commitment of misdemeanors, and 
of objects (tools and implements) predominantly used in the creation of products 
infi-inging a patent, irrespective ofwhether they are the property of the perpetrator or not. 
(2) The decision referred to in paragraph (1) of this Article may comprise the 
ordering of the destruction of the seized products and objects. Article 88 IPIN/1/HRV /PIl 
Page 29 
(1) Any legal or natural person shaH be punished for a misdemeanor by a fine 
amounting from 5.000 up to 10.000 kunas if she/he files a patent application without being 
entitled therefor (Article 74). 
(2) A responsible person in the legal entity shaH be also punished for a 
misdemeanor by a fine amounting from 1.000 up to 5.000 kunas. 
Article 89 
(1) Any legal or natural person shaH be puni shed for a misdemeanor by a fine 
amounting from 5.000 to 10.000,00 kunas if she/it fails to mention the inventor in the 
application or if she/he mentions him falsely (Article 76). 
(2) The responsible person in a legal entity shaH be also punished for the 
misdemeanor referred to in paragraph (1) of this Article by a fine amounting from 1. 000 
up to 5.000 kunas. 
XIII. TRANSITIONAL AND FINAL PROVISIONS 
Patents GraJlted up ta the Application of this Lillv 
Article 90 
(1) The patents entered into the Office patent register up to the date determined 
for the application of this Law shaH remain in effect and the provisions of this Law shaH 
apply to them. 
(2) The owner of the patent protecting the invention of the medicine for humans 
and animaIs or the invention relating to the application of substances and compositions in 
the treatment of humans and animaIs, for which the application was filed up to December 
31, 1992, or the priority for such application was claimed up to December 31, 1992, may, 
in the procedure concerning the infringement of a patent, claim through an action only a 
remuneration, and that, for the period after ] anuary l, 1993. 
Pending Patent Granting Procedures 
Article 91 
(1) AlI pending patent granting procedures sha1l be carried out in compliance with 
the provisions of this Law. 
(2) The applicants who have fiJed with the Office a request for the substantive 
examination of the patent application may, within 6 months as from the day the application 
of this Law sha1l st art, file one of the requests referred to in Article 33, paragraph (1), 
subparagraph 2 or 3 of this Law, if it is more favourable for them. 
(3) The applicants who have not filed with the Office a request for the substantive 
examination of the patent application, and whose period of 6 months as from the 
publication of the application has not expired, may, within 6 months as from the day the 
application of this Law sha1l start, file one of the requests referred to in Article 33, 
paragraph (1) ofthis Law. IPIN/l/HRV/PI1 
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(4) The applicants who have not exercised the right of priority referred to in 
Article 20 of this Law for their applications filed in the Republic of Croatia, which expired 
within the period from October 8, 1991 to December 31, 1992, but have exercised the 
right of priority for the same inventions in at least one member State of the Paris Union, 
shaH be granted the right of priority in the Republic of Croatia, provided that they claim it, 
and submit the evidence on the priority right exercised in one of the member States of the 
Paris Union, within the period of 3 months as from the date of application of this Law. 
Pending Civil Procedures 
Article 92 
Pending civil procedures concerning the infringement of a patent or the rights 
arising from a patent application shaH be carried out in compliance with the provisions 
which were in force up to the day the application ofthis Law shaH start. 
Implementing Provision 
Article 93 
The Director of the Office shall define, by the Regulations, the matters referred to 
in: Article 14, paragraph (2); Article 17, paragraph (9); Article 18, paragraph (3); Article 
27, paragraph (2): Article 28, paragraph (2); Article 32, paragraph (3); Article 37; Article 
39, paragraph (2); Article 40, paragraph (3); Article 46, paragraph (3); Article 47, 
paragraph (3); Article 48, paragraph (2); Article 49, paragraph (2); Article 50, paragraph 
(3); and Article 82, paragraph (2); 
Time Limitfor Enacting the Regulations 
Article 94 
The Regulations referred to in Article 93 ofthis Law shall be enacted up to the day 
the application of this Law shall start. 
Cessation of the Validity ofO/her Provisions 
Article 95 
The provisions of the Industrial Property Law ("Narodne novine" -the Official 
Gazette of the Republic of Croatia No. 53/91, 19/92, and 26/93) relating to patents and 
technical improvements, except for the provisions on the confidential inventions (Articles 
104 to 11 0) and representation (Article Ina), which shall be applied up to the enactment 
of the separate laws, shall cease to be valid on the day the application of this Law shaH 
start. Enfly into Force and Application of the Law 
Article 96 IPINIlIHR V IPll 
Page 31 
This Law shall enter into force on the eighth day as from the date of publication 
thereof in "Narodne novine" -the Official Gazette of the Republic of Croatia, and shall be 
applied as from January l, 2000. 