PATENT
ACT
NN 16/2020, in force from February 20, 2020
Zagreb February, 20203PART ONE
GENERAL PROVISIONS
Subject-matter
Article 1
(1)  This Act shall regulate the system of protection 
of an invention by a patent, a utility model and 
a supplementary protection certificate with the 
State Intellectual Property Office (hereinafter: the 
Office).
(2)  The provisions of this Act in relation to the 
protection of an invention by a patent shall apply 
mutatis mutandis to the provisions on a utility 
model, unless provided otherwise by this Act.
Harmonisation with legislation of the  
European Union
Article 2
(1)  This Act contains provisions in accordance with 
the following acts of the European Union:
-  Directive 98/44/EC of the European Parliament 
and of the Council of 6 July 1998 on the legal 
protection of biotechnological inventions (OJ 
L 213, 30.7.1998) and
-  Directive 2004/48/EC of the European 
Parliament and of the Council of 29 April 2004 
on the enforcement of intellectual property 
rights (OJ L 157, 30.4.2004). 
(2)  This Act ensures the implementation of the 
following acts of the European Union:
-  Regulation (EC) No. 1610/96 of the European 
Parliament and of the Council of 23 July 1996 
concerning the creation of a supplementary 
protection certificate for plant protection 
products, (OJ L 198, 8.8.1996 - hereinafter: 
Regulation (EC) No. 1610/96)
-  Regulation (EC) No. 469/2009 of the 
European Parliament and of the Council of 
6 May 2009 concerning the supplementary 
protection certificate for medicinal products 
(OJ L 152, 16.6.2009 with all amendments - 
hereinafter: Regulation (EC) No. 469/2009) 
as last amended by the Regulation (EU) No. 
2019/933 of the European Parliament and of 
the Council of 20 May 2019 amending the 
Regulation (EC) No. 469/2009 concerning 
the supplementary protection certificate for 
medicinal products (OJ L 153/1, 11.6.2019) 
and
-  Regulation (EC) No. 816/2006 of the European Parliament and of the Council of 17 
May 2006 on compulsory licensing of patents 
relating to the manufacture of pharmaceutical 
products for export to countries with public 
health problems (OJ L 157, 9.6.2006 – 
hereinafter: Regulation (EC) No. 816/2006).
Subsidiary application of other regulations
Article 3
(1)  In civil protection procedures, provisions of the 
general regulation governing the civil procedure 
shall apply accordingly, unless provided otherwise 
by this Act.
(2)  Provisions of general regulations governing 
obligatory relations shall apply accordingly to the 
rights from patent or supplementary protection 
certificate with obligatory legal effects, and to the 
damages incurred by patent infringement, unless 
provided otherwise by this Act.
(3) In procedures of setting provisional measures, 
provisions of the general regulation governing 
the insurance procedure shall apply accordingly, 
unless provided otherwise by this Act.
(4)  Provisions of general regulations governing 
ownership relations shall apply accordingly to the 
rights from patent or supplementary protection 
certificate with legal ownership effects, unless 
provided otherwise by this Act. 
Definitions
Article 4
(1)  In terms of this Act, the following definitions apply:
a) register means an official collection of the data 
kept and maintained electronically by the Office, 
and containing the data to be entered as required 
or permitted by this Act
b) Regulations means the Patent Regulations 
regulating details from this Act, explicitly regulating 
to be provided by the regulations, that contain 
detailed rules and samples of forms useful in the 
implementation of the provisions of this Act
c) application means the application for the 
protection of an invention by patent or utility model
d) biological material means any material containing 
genetic information and capable of reproducing 
itself or being reproduced in a biological system
e) microbiological process means any process 
involving or performed upon or resulting in 
microbiological material
f) biotechnological inventions are inventions which 
concern a product consisting of or containing THE PATENT ACT
NN 16/2020, in force from February 20, 20204biological material or a process by means of 
which biological material is produced, processed 
or used
g) plant variety means a group of plants as defined 
in Article 5 of the Regulation of the Council (EC) 
No. 2100/94 of 27 July 1994 on Community 
plant variety rights (OJ L 227, 1.9.1994) and its 
amendments
h) essentially biological process means a process for 
the production of plants or animals if it consists 
entirely of natural phenomena such as crossing 
or selection
i) authorised institution for the deposit of 
microorganisms means an institution fulfilling 
the conditions provided by the Budapest Treaty 
on the International Recognition of the Deposit 
of Microorganisms for the Purposes of Patent 
Procedure of 28 April 1977, with its revisions
j) Paris Union means the union of contracting 
parties to which the Paris Convention for Industrial 
Property Protection (1883) and its revisions and 
amendments apply
k) Patent Cooperation Treaty (hereinafter: PCT) 
means the Patent Cooperation Treaty, signed on 
19 June 1970 in Washington, with its revisions, 
and every reference to the PCT is at the same 
time considered to be invoking the provisions of 
the regulations in compliance with the PCT
l) European Patent Convention (hereinafter: EPC) 
means the Convention on the Grant of European 
Patents done in Munich on 5 October 1973, with 
its revisions, and every reference to the EPC is at 
the same time considered to be also invoking the 
provisions of the regulations in compliance with 
the EPC
m) national patent application means a patent 
application filed with the Office in compliance with 
this Act
n) national patent means a patent granted on the 
basis of a national patent application
o) European patent application means an application 
for a European patent filed in compliance with the 
EPC, as well as an international patent application 
filed in compliance with the PCT for which the 
European Patent Office (hereinafter: EPO) acts 
as the designated or elected office and in which 
the Republic of Croatia is designated in terms of 
territorial scope of the application
p) European patent means a European patent 
granted by the EPO on a European patent 
application in accordance with the EPC, and 
designating the Republic of Croatia in terms of 
territorial scope of the patent
q) international application means an application 
filed in compliance with the PCT
r) designated office means a national office of the 
state designated by the applicant in compliance 
with the PCT
s) elected office means a national office of the state elected by the applicant in compliance with the 
PCT .
(2)  In relation to a supplementary protection 
certificate, definitions within the meaning of this 
Act shall have the same meaning as the definitions 
applied in the Regulations (EC) No. 469/2009 and 
1610/96.
(3)  In relation to compulsory licenses relating to 
the manufacture of pharmaceutical products for 
export to countries with public health problems, 
definitions within the meaning of this Act shall have 
the same meaning as the definitions applied in the 
Regulation (EC) No. 816/2006.
Gender meaning of terms
Article 5
The expressions used in this Act, having a gender 
meaning shall include equally the male and female 
gender.
PART TWO
SUBJECT MATTER OF PATENT PROTECTION
Patentable invention
Article 6
(1)  A patent is the right granted that shall be granted 
for any invention, in any field of technology, which 
is new, which involves an inventive step and which 
is eligible for industrial application.
(2)  The following in particular shall not be considered 
to be the inventions within the meaning of 
paragraph (1) of this Article:
1. discoveries, scientific theories and 
mathematical methods
2. aesthetic creations
3. rules, instructions or methods for performing 
mental activities, playing games or doing 
business
4. presentation of information and
5. computer programs.
(3)  The subject matters or activities referred to in 
paragraph (2) of this Article shall be excluded 
from patent protection only to the extent where a 
patent application or a patent relate to the subject 
matters or activities themselves as such (per se).
Patentable inventions in the field  
of biotechnology
Article 7
(1)  According to the conditions set out in paragraph 
(1) of Article 6 of this Act, inventions in the 
field of biotechnology shall also be considered 
patentable if they concern:
1. a product consisting of or containing 5biological material;
2. a process by means of which the biological 
material is produced, processed or used; 
and/or
3. a biological material isolated from its natural 
environment or produced by means of 
a technical process, even if it previously 
occurred in nature.
(2)  An invention which concerns plants or animals 
shall be considered patentable if the technical 
feasibility of the invention is not confined to a 
particular plant or animal variety. 
Exclusion from patentability
Article 8
Excluded from patent protection shall be:
1. plant varieties and animal breeds;
2. essentially biological processes for the 
production of plants or animals, as well 
as plants or animals exclusively obtained 
by these processes, with the exception of 
inventions which concern microbiological 
or other technical processes or products 
resulting from such processes;
3. inventions which concern diagnostic or 
surgical methods or methods of treatment 
practiced directly on a human or animal 
body, with the exception of the products, in 
particular substances or compositions used 
in such methods; and
4. inventions where their commercial 
exploitation would be contrary to public 
order or morality, whereby their exploitation 
will not be considered contrary to public order 
or morality just because such exploitation 
is forbidden by law or another regulation, 
referring in particular to:
a) processes for cloning human beings;
b) processes for modifying the germ line genetic 
identity of human beings;
c) uses of human embryos for industrial or 
commercial purposes; and
d) processes for modifying the genetic identity of 
animals which are likely to cause them suffering 
without any substantial medical benefit to man 
or animal, and also animals resulting from such 
processes.
Human body and its elements
Article 9
(1)  Inventions which concern human body, at the 
various stages of its formation and development, 
and the simple discovery of one of its elements, 
including the sequence or partial sequence of a 
gene, cannot be considered patentable.
(2)  An invention relating to an element isolated from 
the human body or otherwise produced by means of a technical process, including the sequence 
or partial sequence of a gene, may constitute a 
patentable invention, even if the structure of that 
element is identical with that of a natural element.
(3)  Industrial applicability of a sequence or a partial 
sequence of a gene must be disclosed in the 
patent application.
Novelty of an invention
Article 10
(1)  An invention shall be new if it does not form part 
of the state of the art.
(2)  The state of the art shall comprise everything 
made available to the public at the global level by 
means of 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 all patent applications as filed with the effect for 
the Republic of Croatia, the filing dates of which 
are earlier than 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 of filing the patent application.
(4)  The provisions laid down in paragraphs (2) and 
(3) of this Article shall not exclude the possibility 
for patent protection of any substance or 
composition, comprised in the state of the art, for 
use in methods referred to in Article 8, item 3 of 
this Act, provided that its use for any such method 
is not comprised in the state of the art.
(5)  The provisions laid down in paragraphs (2) and (3) 
of this Article shall not exclude the possibility for 
patent protection of any substance or composition 
referred to in paragraph (4) of this Article for any 
specific use in methods referred to in Article 8 
item 3 of this Act, provided that such use is not 
comprised in the state of the art.
Non-prejudicial disclosure of the invention
Article 11
(1)  An invention shall also be considered to be new 
within the meaning of Article 10 of this Act if not 
more than six months prior to the filing date of the 
patent application it formed part of the state of the 
art due to or in consequence of:
1. an evident abuse in relation to the patent 
applicant or his legal predecessor; or
2. the display by the patent applicant or 
his legal predecessor at an official or 
officially recognised international exhibition 
in compliance with the Convention on 
International Exhibitions signed at Paris on 22 
November 1928 and its revisions, provided 
that the applicant indicates in the patent 
application, at the time of its filing, that the 
invention has been so displayed, and submits 
a corresponding certificate to that effect not 6later than 4 months from the filing date of the 
application.
(2)  The certificate referred to in paragraph (1) item 2 
of this Article shall contain data on the person who 
exhibited the invention, the title of the invention, 
the date of the exhibition opening and, if the 
invention was disclosed after that date, the date 
of the first disclosure of the invention, and the 
verification by a responsible authority.
Inventive step
Article 12
(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 10 paragraph (3) of this Act 
shall not be taken into consideration.
Industrial applicability
Article 13
 An invention shall be industrially applicable if its 
subject matter can be manufactured or used in 
any kind of industry, including agriculture.
PART THREE
RIGHT TO THE PROTECTION OF AN INVENTION 
Persons entitled to acquire protection 
Article 14
(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 two or 
more inventors, the right to a patent shall belong 
jointly to the inventors or their successors in title.
(3)  Foreign natural and legal persons shall enjoy 
the same rights provided by this Act as domestic 
natural and legal persons if it results from 
international treaties binding for the Republic 
of Croatia or from applying the principle of 
reciprocity.
(4)  The person invoking reciprocity shall provide 
evidence thereof.
Inventor
Article 15
(1)  An inventor shall be the person who has created 
an invention in the course of his creative work.
(2)  Any 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 and 
utility model, in all the documents issued by the 
Office in relation to the patent grant, and in the 
corresponding Office Register.
(4)  The inventor’s right to the invention created at 
work or in relation to the work shall be regulated 
by a separate law.
Inventor’s successor in title
Article 16
(1)  The inventor’s successor in title shall be a natural 
or a legal person entitled to acquire a patent by 
virtue of law, legal transaction or inheritance.
(2)  An employer shall be considered to be the 
inventor’s successor in title where, by virtue of 
the applicable law or work contract, he has the 
right to acquire a patent for the invention created 
under the inventor’s employment.
Representation before the Office
Article 17
(1)  A natural or a legal person not having a domicile 
or a habitual residence or a principal place of 
business in the territory of the Republic of Croatia 
must be represented before the State Intellectual 
Property Office by a representative.
(2)  General principles of representing and special 
requirements on the basis of which persons as 
referred to in paragraph (1) of this Article can 
exercise their rights from this Act are regulated 
by special regulations on representation issues.
(3)  By way of derogation from the provision set 
out in paragraph (1) of this Article, a natural or 
a legal person may independently, without a 
representative, perform the following acts:
1. File a patent application;
2. Perform other acts relating to the establishment 
of the filing date of a patent application;
3. File true copies of the first patent application, 
when claiming priority right referred to in 
Article 43 and 72 of this Act;
4. Pay the administrative fees and procedural 
charges; and
5. Receive from the Office notifications relating 
to the procedures referred to in items 1 to 3 
of this paragraph.
(4)  In the case of individually performing the acts, 
referred to in paragraph (3) of this Article, a natural 
or a legal person referred to in paragraph (1) of 
this Article shall communicate to the Office the 
address for correspondence, which shall be in 
the territory of the Republic of Croatia.
(5)  If a natural or a legal person referred to in 
paragraph (1) of this Article fails to appoint a 
representative or to communicate the address for 
correspondence to the Office, the Office shall invite 7it by a conclusion to appoint a representative or 
to communicate the address for correspondence 
in the territory of the Republic of Croatia within a 
period of three months upon performing the act 
referred to in paragraph (3) of this Article.
(6)  If a natural or a legal person referred to in 
paragraph (1) of this Article fails to comply 
with the conclusion of the Office referred to in 
paragraph (5) of this Article, the Office shall reject 
its communication by a decision, and provide for 
the legal service to be made by public notice.
PART FOUR
PROCEDURE FOR THE PROTECTION OF AN 
INVENTION
1. COMMON PROCEDURAL PROVISIONS
Competence of the Office
Article 18
(1)  The State Intellectual Property Office shall carry 
out the administrative procedure for granting a 
patent, supplementary protection certificate, for 
registering a utility model and declaring it invalid 
and other administrative and professional matters 
concerning the protection of an invention.
(2)  The decisions issued by the Office cannot be 
appealed, but an administrative dispute can 
be instituted before the Administrative Court in 
Zagreb.
(3)  The procedure before the Administrative Court 
referred to in paragraph (2) of this Article is urgent.
Fees and procedural charges
Article 19
(1) The procedures provided by this Act shall be 
subject to payment of the administrative fees in 
compliance with the law governing the payment 
of the administrative fees in the field of intellectual 
property rights.
(2) The procedures and services provided by this 
Act shall be subject to payment of charges in 
compliance with the regulation of the Government 
of the Republic of Croatia on special procedural and 
information services charges under responsibility 
of the Office.
Registers
Article 20
(1)  The Office shall keep the patent register, the utility 
model register and the register of supplementary 
protection certificates. 
(2)  Registers referred to in paragraph (1) of this Article 
are public and any person has the right to inspect 
contents of the data entered, on conditions provided by Article 25 and 26 of this Act.
(3)  Upon request by any interested person and upon 
payment of the administrative fee and procedural 
charges, the Office shall issue an excerpt from 
registers referred to in paragraph (1) of this Article. 
(4)  The Head of the Office shall specify the manner 
of issuing and the content of the excerpt by the 
Regulations.
Patent register
Article 21
 The patent register is publicly accessible for patent 
applications as published, and it contains the 
following information: 
1. the number of the application
2. the filing date of the application
3. the title of the invention
4. the classification indication according to the 
International Patent Classification (IPC)
5. the name and address of the applicant or the 
holder of the patent
6. the name and address of the inventor
7. the inventor’s declaration received that 
he does not wish to be mentioned in the 
application
8. the name and the principle place of business 
of the representative
9. the information on the requested and granted 
priority right referred to in Article 44 of this 
Act (the number and the filing date of the first 
application and the state or an international 
or intergovernmental organisation which the 
application is filed in or for)
10. the information on the display at an 
international exhibition in compliance with 
Article 11 paragraph (1) item 2 of the Act, if 
the invention has been displayed
11. the number and the date of the original 
application, as well as the numbers of all 
divisional application in case of the division 
of a patent application
12. the information on an international application, 
if filed: the number and the filing date of an 
international application and the number and 
the date of an international publication
13. the number and the date of a European patent 
application, if it is a matter of conversion 
referred to in Article 128 of this Act
14. the publication date of the application and the 
number of the official gazette of the Office;
15. the date of a subsequent publication of a 
search report and the number of the official 
gazette of the Office, where applicable
16. the information on the request for substantive 
examination of conditions for the grant of a 
patent
17. the information on the way and the date of 8completing the administrative procedure
18. the number of the patent
19. the date and the number of the official gazette 
of the Office in which the mention of a patent 
grant was published
20. the number and the date of the decision on 
a patent grant
21. where applicable, the information on a 
European patent: the number and the date 
of filing an application for entry of a European 
patent into the register, the number and the 
date of publication of a European patent 
application and the number, the date and the 
language of publication of a European patent
22. the information on paying the maintenance 
of valid rights
23. the information on cessation of effect of the 
rights from an application or a patent: legal 
basis and the date of cessation and the extent 
of cessation in case of partial cessation for 
waiver or administrative dispute
24. the information on the procedure concerning 
a proposal for a patent invalidity declaration: 
the filing date, the applicant, the type and the 
date of a decision
25. the date of reinstatement of rights and of 
continued processing if the decision referred 
to in Article 28 or Article 29 of this Act was 
made
26. the information on changes in relation to:
a) the applicant or the patent holder (change of 
name, address, representative etc.) and
b) transfer of rights, license, right in rem, 
execution, bankruptcy, and other data 
of significance to the legal status of an 
application/a patent
27. the information on exemption from paying 
administrative fees and procedural charges 
and
28. the information on a supplementary protection 
certificate: the number of a request, the filing 
date, the certificate holder, the number of the 
certificate.
Register of utility models
Article 22
 The register of utility models is publicly accessible 
for utility models as published, and it contains the 
following information: 
1. the number of the application
2. the filing date of the application
3. the title of the invention
4. the classification indication according to the 
International Patent Classification (IPC)
5. the name and address of the applicant or the 
holder of the utility model
6. the name and address of the inventor7. the information of submitted inventor’s 
statement that he does not want to be 
mentioned in the application
8. the name and the principle place of business 
of the representative
9. the information on the requested and granted 
priority right referred to in Article 44 of this 
Act (the number and the filing date of the first 
application and the state or an international 
or intergovernmental organisation which the 
application is filed in or for)
10. the number and the date of the original 
application, as well as the numbers of all 
divisional application in case of the division 
of a patent application
11. the information on the display at an 
international exhibition in compliance with 
Article 11 paragraph (1) item 2 of the Act, if 
the invention has been displayed
12. the information on an international application, 
if filed: the number and the filing date of an 
international application and the number and 
the date of an international publication 
13. the number and the date of a European patent 
application, if it is a matter of conversion 
referred to in Article 128 of this Act
14. the information on the way and the date of 
completing the administrative procedure
15. the number of a utility model
16. the publication date of the application and 
the number of the official gazette of the Office 
in which the information on registration of a 
utility model was published
17. the number and the date of a decision on the 
registration of a utility model
18. the information on payment of the maintenance 
of a valid utility model
19. the information on a request for substantive 
examination of requirements for the grant of 
a patent
20. the information on conversion of a utility model 
to a patent upon substantive examination 
conducted and the publishing date of this 
information in the official gazette of the Office 
where applicable
21. the information on cessation of effect of a 
utility model: legal basis and the date and 
the extent of cessation
22. the information on revocation of a utility model 
upon substantive examination conducted
23. the information on the procedure concerning 
the proposal for invalidity declaration: the 
filing date, the applicant, the type and the 
date of a decision
24. the date of reinstatement of rights and of 
continued processing if the decision referred 
to in Article 28 or Article 29 of this Act was 
made925. the information on changes in relation to:
a) the applicant or the utility model holder (change 
of name, address, representative etc.) and
b) transfer of rights, license, right in rem, execution, 
bankruptcy, and other data of significance to the 
legal status of an application/a patent or a utility 
model and
26. the information on exemption from paying 
administrative fees and procedural charges.
Register of Supplementary Protection Certificates
Article 23
 The register of supplementary protection 
certificates for medicinal products and for plant 
protection products contains the following 
information:
1. the number of a request for the grant of a 
supplementary protection certificate
2. the filing date of a request for the grant of a 
supplementary protection certificate
3. the name of the product for which the grant 
of a supplementary protection certificate has 
been applied for (chemical or generic name)
4. the name and address of the applicant
5. the name and the principle place of business 
of the representative
6. the number and the filing date of an application 
for a basic patent and the title of an invention
7. the number and the date of authorisation to 
place the product on the market and the name 
of the product identified in that authorisation, 
as prescribed by Article 8, paragraph (1) 
items (b) and (c) of the Regulation (EC) No. 
469/2009 and Article 8, paragraph (1) items 
(b) and (c) of the Regulation (EC) No. 1610/96
8. the information on requested extension of 
the duration of a supplementary protection 
certificate
9. the name and the address of a supplementary 
protection certificate holder
10. the number of a supplementary protection 
certificate
11. the date of making a decision on the grant of 
a supplementary protection certificate and, 
where applicable, of a decision on extension of 
the duration of the supplementary protection 
certificate
12. duration of a supplementary protection 
certificate
13. the information on payment of the maintenance 
of a supplementary protection certificate
14. the information on the manner and the date 
of completing the administrative procedure
15. the information on cessation of effect of a 
supplementary protection certificate: legal 
basis and the date and the extent of cessation
16. the information on the procedure concerning a proposal for invalidity declaration of a 
supplementary protection certificate: filing 
date, applicant, type and decision date
17. the date of reinstatement of rights and of 
continued processing if the decision referred 
to in Article 28 or Article 29 of this Act was 
made
18. the information on changes in relation to:
a) the applicant or the supplementary protection 
certificate holder (change of name, address, 
representative etc.) and
b) transfer of rights, license, right in rem, 
execution, bankruptcy, and other data 
of significance to the legal status of a 
supplementary protection certificate and
19. the information on exemption from paying 
administrative fees and procedural charges.
Publication of information in the official gazette
Article 24
(1) The information prescribed by this Act and the 
Regulations as well as other official information 
shall be published in the official gazette of the 
Office.
(2) The official gazette shall be published electronically 
on the web site of the Office.
Inspection of files
Article 25
(1)  The Office shall allow all persons to obtain 
inspection of files related to administrative 
procedures referred to in Article 18 paragraph (1) 
of this Act. 
(2)  The inspection of files related to applications not 
yet published is not permitted without explicit 
approval of the applicant.
(3)  Even before an application has been published 
in the official gazette of the Office, the Office may 
make the following information available to any 
person: the number of an application, the filing 
date of an application or, in case of priority right 
claim, the number, the date and an indication 
of a state or an organisation with which the first 
application has been filed, the information on the 
applicant and the title of the invention.
(4)  Where a party in the procedures before the Office 
delivers documents that contain trade secrets 
and confidential information and designates them 
as such, the Office may at his/her request take 
necessary measures for their protection.
(5)  Before making documents that contain trade 
secrets and confidential information available for 
inspection, the Office will warn the persons who 
search through the file of the obligation to keep 
this information confidential and of the obligation 
to sign a non-disclosure declaration.10Information services
Article 26
(1) The Office shall make copies of published 
patent applications, patents, utility models and 
supplementary protection certificates available 
to all persons on request.
(2)  The Office shall on request provide also other 
professional information services, such as search 
of patent information and documents in a certain 
technical or technological fields via available 
databases, written reports on patentability 
assessment etc.
(3)  In accordance with technical preconditions, 
the Office may electronically provide also other 
information services related to access and search 
of patent information.
(4)  All the information services referred to in this 
Article shall be subject to reimbursement of costs 
as provided by the regulation referred to in Article 
19 paragraph (2) of this Act. 
(5)  The Head of the Office shall define by the 
Regulations the manner and the scope of 
providing the services referred to in this Article. 
Correction of errors and obvious oversights
Article 27
(1)  On request of the applicant, the right holder or 
ex officio, the Office shall correct by a decision 
obvious errors in documents, registers that it 
keeps or in publications, subject to previous 
payment of administrative fee and procedural 
charges in cases when an error was not caused 
by failure of the Office.
(2)  The request for correction of an error referred to 
in paragraph (1) of this Article shall be submitted 
through a form, which shall contain:
1. the number of the application or right which 
the request refers to
2. the information on the applicant
3. an indication of the error to be corrected
4. an indication of the correct information and
5. the information on a representative and a 
proper power of attorney if the request is 
submitted through a representative.
(3)  The Office shall publish correction of wrongly 
published information referred to in paragraph (1) 
of this Article in the official gazette of the Office.
(4)  The Head of the Office shall define by the 
Regulations the layout of the form referred to 
in paragraph (2) of this Article as well as the 
information to be published in the official gazette 
of the Office pursuant to paragraph (3) of this 
Article.Reinstatement of rights
Article 28
(1)  If, despite due care required by the circumstances, 
the applicant or the right holder failed to perform 
an action in the procedure before the Office within 
the time limit prescribed by this Act, the direct 
consequence of which is the loss of rights with 
respect to an application or a granted/registrated 
right, the Office shall reinstate the rights by a 
decision, provided that the applicant:
1. files a request for reinstatement of rights and 
performs all the actions missed in the time 
limit referred to in paragraph (2) of this Article
2. states the facts that prevented him/her from 
performing an action missed within the time 
limit and makes them probable and
3. pays the administrative fee and procedural 
charges.
(2)  The request for reinstatement of rights shall be 
filed within the time limit that expires earlier of the 
following:
1. three months upon the day when the reason 
that caused failure to act ceased to exist or
2. 12 months upon expiry of the time limit 
missed, i.e. if the request relates to non-
payment of a maintenance charges, 12 
months upon expiry of the additional time 
limit for payment provided by Article 88 
paragraph (5) of this Act.
(3)  If the request was granted, the Office shall make 
a decision on allowing reinstatement of rights, 
returning the procedure to the state before failure 
to act and revokes legal consequences incurred 
by missing the time limit.
(4)  The request for reinstatement of rights shall not 
be filed because of missing the time limit for the 
following actions:
1. filing the request referred to in paragraph (1) 
of this Article
2. filing the request for extension of a time limit
3. filing the request for the grant, restoration, 
correction or addition of priority right
4. filing the request for continued processing
5. filing the request for substantive examination 
referred to in Article 61 and 77 of this Act
6. filing the request for the grant of a 
supplementary protection certificate or its 
extension of the duration
7. filing the request for entry of a European 
patent into the patent register and delivery 
of documentation referred to in Article 124 
paragraph (2) of this Act and/or
8. for all the actions before the Office in inter 
partes proceedings.
(5)  Any person who has in good faith exploited 
an invention or has made real and serious 
preparations for exploiting the invention which is 
the subject-matter of a published application, may, 11in the period between the loss of right referred to 
in paragraph (1) of this Article, and a publication of 
the fact concerning acceptance of the request for 
reinstatement of rights, continue such exploitation, 
without compensation for damages, exclusively 
for the purposes of his own business and needs 
related to it.
(6)  The Head of the Office shall define by the 
Regulations the content of the information on 
reinstatement of rights to be published in the 
official gazette of the Office.
Continued processing
Article 29
(1)  If the applicant or the right holder failed to perform 
an action in the procedure before the Office within 
the time limit the direct consequence of which is 
the loss of rights, the Office shall allow continued 
processing, provided that the applicant:
1. files a request for continued processing and 
performs all the omitted actions within the 
time limit referred to in paragraph (2) of this 
Article and
2. pays the administrative fee and procedural 
charges.
(2)  A request for continued processing may be filed 
within two months upon receipt of the notice by 
the Office related to missing the time limit for 
performance of an action in the processing and to 
the legal consequences referred to in paragraph 
(1) of this Article.
(3)  If the omitted actions have not been performed 
within the time limit referred to in paragraph (2) 
of this Article, the Office shall make a decision on 
rejecting the request for continued processing.
(4)  If the request was complied with, legal 
consequences of missing the time limit shall be 
deemed to not have taken effect.
(5)  A request for the continued processing shall not 
be filed, if failure to comply with concerns the time 
limit:
1. for filing the request referred to in paragraph 
(1) of this Article
2. for filing the request for the grant, restoration, 
correction or addition of priority right 
3. for filing the proposal for reinstatement of 
rights
4. for payment of the charges for maintaining 
valid rights
5. for filing the request for the grant of a 
supplementary protection certificate or its 
extension of the duration and/or
6. for all the actions before the Office in inter 
partes proceedings.
(6)  Any person who in good faith exploited or 
made genuine and serious preparations for the 
exploitation of the invention which is the subject of 
the published application, in the period between the loss of the right referred to in paragraph 
(1) of this Article and the publication of the 
information on the admissibility of the request 
for continuation of the proceeding, may continue 
without compensation with such exploitation 
solely for the purpose of their own business and 
the needs associated with such business.
(7)  The Head of the Office shall define by the 
Regulations the content of the information on 
continued processing to be published in the 
official gazette of the Office.
Change of name or address
Article 30
(1)  On request by the applicant or the right holder, 
the Office shall issue a decision on the entry of 
changes into a corresponding register, provided 
that the administrative fee and procedural charges 
are paid as prescribed.
(2)  The entry of changes of the name and the address 
for several applications or rights can be requested 
by a single request referred to in paragraph 
(1) of this Article, provided that the applicant 
indicates the numbers of all applications or rights 
concerned and pays the administrative fee and 
procedural charges for each one of them.
(3)  If the requirements for the entry of a change 
prescribed by this Article are not met, the Office 
shall invite the applicant by a conclusion to 
remedy these deficiencies within two months 
upon receipt of the conclusion.
(4)  The time limit referred to in paragraph (3) of 
this Article may be extended on request of the 
applicant or the right holder by up to one month.
(5)  If the deficiency is not remedied within the time 
limit as prescribed, the Office shall make a 
corresponding decision on the request.
(6)  If the requirements referred to in this Article are 
met, the Office shall make a decision on the entry 
of a change, enter the changed information into a 
corresponding register and publish it in the official 
gazette of the Office.
(7)  The provisions of this Article shall apply mutatis 
mutandis both to the change of the name or 
address of the representative and to any change 
concerning the address for correspondence.
(8)  The request referred to in paragraph (1) of this 
Article shall be filed via the form the content and 
the layout of which, as well as the information to be 
published in the official gazette of the Office shall 
define the Head of the Office by the Regulations.122. INSTITUTION OF THE PROCEDURE FOR 
PROTECTION OF AN INVENTION
Patent application
Article 31
(1)  The procedure for protection of an invention shall 
be instituted by filing a patent application to the 
Office.
(2)  The application shall be filed in one copy, in 
writing, directly, by post or electronically.
(3)  The Head of the Office shall define by the 
Regulations the details on the means and technical 
requirements for filing a patent application.
Unity of the invention
Article 32
(1)  A separate patent application shall be filed for 
each invention.
(2)  One patent application may be used to apply 
for patent grants for several inventions, only if 
such inventions are so linked as to form a single 
inventive concept.
Content of the patent application
Article 33
(1)  The patent application shall contain:
1. a request for the grant of a patent on the 
prescribed form 
2. a description of the invention
3. one or more claims for the protection of the 
invention
4. any drawings referred to in the description 
of the invention and/or the claims where 
necessary and
5. an abstract of the invention.
(2)  The Head of the Office shall define by the 
Regulations the content and the manner of 
preparing individual parts of the application, 
as well as of necessary attachments to the 
application.
A request for the grant of a patent
Article 34
(1)  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 
clearly and concisely the essence of the invention, 
information concerning the applicant, information 
concerning the inventor or an indication of a 
declaration that he does not wish to be mentioned 
in the application and other information and 
attachments in compliance with the Regulations.
(2)  In the event the inventor does not wish to be 
mentioned in the application, a written declaration 
of the inventor concerning this fact shall be filed with the Office not later than four months from the 
filing date of the application.
(3)  The Office does not check authenticity of the 
information given in a request for the grant of a 
patent.
Description of the invention
Article 35
(1)  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.
(2)  A description of the invention shall contain in 
particular: the technical field to which the invention 
relates, technical problem the solution of which 
is sought to be protected by a patent, state of 
the art, disclosure of the invention, as claimed, 
a brief description of a drawings if there are 
any, a detailed description of at least one way of 
carrying out the invention, and the way in which 
the invention is industrially applicable.
(3)  If the invention involves the use of or concerns 
viable biological material which is not available 
to the public and cannot be disclosed in the 
application in a manner prescribed by paragraph 
(1) of this Article, the invention is considered to 
be disclosed clearly and precisely provided that:
1. a sample of such material was deposited 
in an authorised institution for depositing 
microorganisms not later than on the filing 
date of the patent application;
2. the patent application contains all the 
information on deposited viable biological 
material known to the applicant; and
3. the patent application contains the name 
of an authorised institution for depositing 
microorganisms and the entry number of 
biological material.
(4)  The information referred to in paragraph (3) of this 
Article may be delivered within 16 months upon 
the filing date or, if priority has been claimed, 
upon the earliest priority date, but not upon expiry 
of the time limit in which technical preparations 
were made to publish the application in the official 
gazette of the Office.
(5)  If the patent application contains disclosure of 
one or several nucleotide and/or amino acid 
sequences, the description of the applications 
shall contain the list of sequences.
(6) The list of sequences referred to in paragraph (5) 
of this Article filed after the filing date of the patent 
application shall not make part of the description.
Drawings
Article 36
(1)  Drawings are a set of figures that represent a 
supplement to the technical description of an 
invention with the purpose to make a clear and 13unambiguous representation of all technical 
elements of the invention essential for its 
performing.
(2)  Drawings are not obligatory.
Claims
Article 37
(1)  Claims shall define the subject matter for which 
protection is sought.
(2)  Claims shall be clear, concise and fully supported 
by the description of an invention.
(3)  Claims may be independent and dependent. 
(4) Independent claims shall contain new and 
essential characteristics of an invention, 
whereas dependent claims shall contain specific 
characteristics of the invention as defined in an 
independent or other dependent claim.
Abstract
Article 38
(1)  The abstract shall be a short summary of the 
essence of an invention which constitute an 
efficient instrument for the purpose of searching 
in the particular technical field and it cannot serve 
for other purposes, and particularly not for the 
purpose of interpreting the scope of requested 
protection, nor for the purpose of applying the 
provisions referred to in Article 10 paragraph (3) 
of this Act.
(2)  The Office may amend the abstract if considered 
strictly necessary.
Availability of viable biological material 
Article 39
(1)  A deposited sample of viable biological material 
referred to in Article 35 paragraph (3) of this Act 
shall be made available on request, by issuing its 
sample:
1. until publication of the patent application, to 
any person who submits such request, and 
who obtained consent from the applicant 
for this purpose, as well as to a person who 
submits such request without the applicant’s 
consent provided that he/she furnishes 
evidence that the applicant acted against it;
2. between publication of the application and 
a patent grant, to any person who submits 
such request; and
3. upon patent grant, regardless of the fact if 
the patent has been declared null and void 
or revoked, to any person who submits such 
request.
(2)  The sample shall be made available provided that 
the person who requests its issuance commits to 
the following until completion of a patent granting 
procedure, or during patent validity:1. he/she will not make this sample or any 
material obtained from this sample available 
to third parties; and
2. he/she will use this sample or any material 
obtained from this sample exclusively for 
the purpose of an experiment or research, 
unless the applicant or the holder of a patent 
explicitly waived the right to such obligation of 
the requester, whereby the obligation to use 
a sample or any material obtained therefrom 
solely for experimental or research purposes 
shall not apply to an applicant using that 
sample or material under a compulsory 
license.
(3)  Until technical requirements for publication 
of a patent application have been fulfilled, the 
applicant may file a request to allow availability of 
deposited material only by issuing a sample to an 
independent expert appointed by the applicant:
1. until the patent grant has been published; or
2. within 20 years from the filing date if the 
application was rejected, refused or the 
procedure by application was suspended, in 
which case paragraph (2) of this Article shall 
apply.
(4)  If viable biological material ceases to be available 
in an authorised institution for the deposit of 
microorganisms, new deposit of material shall 
be allowed under the conditions equalling 
those provided by the Budapest Treaty on the 
International Recognition of the Deposit of 
Microorganisms.
(5)  Legal consequences of discontinuation of 
availability shall not be considered to have taken 
effect if the certificate of new deposit issued 
by an authorised institution for the deposit of 
microorganisms, certifying that the new deposited 
viable biological material equals that originally 
deposited, is delivered to the Office within four 
months upon the date of the new deposit.
Content forbidden to mention in the application
Article 40
(1)  An application shall not contain:
1. indications or other contents contrary to the 
law or morality;
2. indications that discredit products or actions 
of any third party or quality or meaning of an 
application or a patent of that party, whereat 
comparison with former state of the art, in 
itself, is not considered discrediting; and/or
3. indications or other contents that are evidently 
neither essential nor necessary.
(2)  If the application contains indications or other 
contents referred to in paragraph (1) of this 
Article, the Office may omit them from publication, 
indicating place and number of omitted words and 
drawings.14Patent application contents necessary for 
accordance of the filing date
Article 41
(1)  The accordance of the filing date of the patent 
application shall require that on such a date the 
application contains:
1. an indication that the grant of a patent is 
applied for;
2. the information that allow identification of the 
applicant or the information that allow contact 
to be made with the applicant; and
3. the part that looks like a description of an 
invention at first glance, or reference to the 
application previously filed.
(2)  Reference to the application previously filed 
referred to in paragraph (1) item 3 of this Article 
shall contain the filing date and number of that 
application, the information on the office that this 
application was filed with, and an indication that 
the previous application substitutes a description 
and the drawings.
(3)  When the application contains reference referred 
to in paragraph (1) item 3 of this Article, a copy of 
the application previously filed bearing verification 
of the receiving office, as well as its translation 
into Croatian if filed in a foreign language, shall 
be delivered to the Office within two months upon 
the filing date of the application.
3. PRIORITY RIGHT
Priority of an earlier application
Article 42
(1)  If the same invention has been created by two or 
more inventors independently of each other, the 
priority in respect of right to the patent grant shall 
belong to the applicant whose patent application 
has the earliest filing date, provided that it has 
been published as stipulated by this Act.
(2)  The priority shall be in effect as from the date of 
filing the application with the Office, except where 
the requirements for the grant of priority right 
referred to in Articles 43 and 44 of this Act have 
been complied with.
International priority right
Article 43
(1)  A person or his successor in title who has filed 
a correct application for any kind of protection 
for inventions in any Member State of the Paris 
Union or in any Member State of the World Trade 
Organization (hereinafter: the WTO), shall enjoy 
the right of priority in the Republic of Croatia for 
the period of 12 months from the date of filing the 
first application. 
(2)  The correct application referred to in paragraph (1) of this Article shall be considered to be an 
application the filing date of which is accorded 
in compliance with the national legislation of the 
Member State of the Paris Union or WTO in which 
it was filed, or in compliance with an international 
treaty concluded among the member states, 
regardless of the legal outcome thereof.
(3)  A subsequent patent application filed in for the 
same subject-matter of the invention of the first 
application in the same State or for the same State 
shall be considered as the first application for the 
purposes of determining priority, provided that on 
the date of filing the subsequent application, the 
previous application has been refused, rejected 
or withdrawn prior to being made available to the 
public and without producing any legal effects, 
and not serving as a basis for claiming priority.
(4)  In the case referred to in paragraph (3) of this 
Article, the first application cannot serve as a basis 
for claiming priority anymore.
Priority claim
Article 44
(1)  The applicant for the protection of an invention 
claiming the priority right referred to in Article 
43 of this Act, shall file with the Office a priority 
claim containing the first application number 
and filing date and a State or an international or 
intergovernmental organisation in or for which the 
application was filed. 
(2)  The claim referred to in paragraph (1) of this 
Article shall be filed with the Office with filing the 
application for the protection of an invention, and 
not later than up to the expiration of two months 
from the date of filing the application.
(3)  The patent applicant may claim multiple priorities 
on the basis of several earlier applications 
regardless of their origin from different Member 
States of the Paris Union or the Member States of 
the WTO, where the time limits, which under this 
Act run from the date of granted priority, shall be 
calculated as from the earliest date of the multiple 
priority right.
(4)  The applicant claiming priority right shall file with 
the Office a copy of the first application certified 
by the competent authority of the Member State 
of the Paris Union or the WTO in or for which it 
was filed not later than up to 16 months from the 
earliest priority date claimed.
(5)  If the application claiming priority is not in 
Croatian, and its grounds are relevant to determine 
patentability of the respective invention, the Office 
may invite the applicant to file a translation of that 
application into Croatian within two months upon 
receipt of the invitation.15Priority right effect
Article 45
 The date of granted priority shall be considered as 
the date of filing the application for the protection 
of an invention with the Office, by applying the 
provisions referred to in Article 10, paragraphs (2) 
and (3) and Article 42 paragraph (1) of this Act.
Correction or addition of a priority claim
Article 46
(1)  The applicant may file a request for the correction 
or addition of a priority claim within a time limit of 
16 months from the earliest priority date or, if the 
correction or addition would cause a change in 
the earliest priority date, within 16 months from the 
priority date as so changed, whichever sixteen-
month period expires first, provided that:
1. a request for correction or addition is filed 
within four months from the filing date of the 
patent application; and
2. the administrative fees and procedural 
charges are paid concurrently with the 
request referred to in item 1 of this paragraph.
(2)  The request referred to in paragraph (1) of this 
Article shall not be filed after the applicant has 
filed a request for publication of the application 
in accordance with Article 59 paragraph (2) of 
this Act, unless such a request for publication 
is withdrawn before the technical preparations 
for publication of the application have been 
completed.
(3)  If the priority date is changed due to the correction 
or addition of the priority claim, the pending time 
limits shall be counted from the priority date as 
changed.
(4)  Correction or addition of the request for a priority 
claim may include correction or addition of any 
information referred to in Article 44 paragraph (1) 
of this Act.
Request for restoration of priority right
Article 47
(1)  If the filing date of an application for the protection 
of an invention is later than the date on which the 
priority period referred to in Article 43 paragraph 
(1) of this Act expired, but falls within the two-
month period counting from that date, the Office 
shall allow the restoration of the priority right, 
provided that the applicant:
1. files the request for restoration of priority right 
within two months from the date of expiration 
of the priority period;
2. states the reasons and furnishes evidence 
confirming that the time limit for the priority 
period to be granted was failed to comply 
with in spite of due care required by the 
circumstances having been taken; and3. pays the administrative fee and procedural 
charges concurrently with the request 
referred to in item 1 of this paragraph.
(2)  The request referred to in paragraph (1) of 
this Article shall not be filed after the patent 
applicant has filed a request for publication of 
the application in accordance with Article 59 
paragraph (2) of this Act, unless such a request 
for publication is withdrawn before the technical 
preparations for publication of the application 
have been completed.
Characteristics of the invention which is the subject 
of the priority claim
Article 48
(1)  The priority claim may relate only to such 
characteristics of the invention, which are 
contained in the first application or applications 
for which priority is claimed.
(2)  If certain characteristics of the invention for 
which priority is claimed do not appear among 
the claims formulated in the first application or 
applications, a priority right shall be granted where 
the application elements as a whole specifically 
disclose all such characteristics.
4. EXAMINATION OF AN APPLICATION
Accordance of the filing date
Article 49
(1)  Upon receipt of a patent application, the Office 
shall examine whether the application complies 
with the requirements for the accordance of the 
filing date referred to in Article 41 paragraph (1) 
of this Act.
(2)  If the application does not comply with the 
requirements for the accordance of the filing date 
referred to in Article 41 paragraph (1) of this Act, 
the Office shall invite the applicant by a conclusion 
to correct the indicated deficiencies within a time 
limit of two months upon its receipt.
(3)  If the applicant corrects the indicated deficiencies 
within the time limit referred to in paragraph (2) 
of this Article, the date of receipt of the required 
corrections shall be considered as the filing date 
of the patent application.
(4)  At the request of the applicant, the time limit set 
out in paragraph (2) this Article may be extended 
for a time period not exceeding one month.
(5)  If the applicant does not comply with the Office 
conclusion within the time limit referred to in 
paragraph (2) of this Article, the patent application 
shall be rejected by a decision.16Missing parts of description or drawings
Article 50
(1)  If, when examining the accordance of the 
filing date, the Office establishes that a part of 
description of an invention or a drawing referred 
at in the application are missing, it shall invite the 
applicant by a conclusion to submit the missing 
parts of the application within two months upon 
receipt of the conclusion.
(2)  If the applicant complies with the conclusion of the 
Office referred to in paragraph (1) of this Article, 
the filing date shall be considered the date of 
receipt of that part of description of an invention or 
that drawing by the Office, i.e. the date when all the 
requirements referred to in Article 41 paragraph 
(1) of this Act are fulfilled, depending on the later 
date.
(3)  If missing part of description of an invention or 
drawings are filed within the time limit referred to 
in paragraph (1) of this Article, and the application 
claims earlier priority, the filing date shall be 
considered the date when all the requirements 
referred to in Article 41 paragraph (1) of this 
Act are fulfilled, provided that missing part of 
description of an invention or drawings are entirely 
included in the earlier application.
(4)  If a part of description of an invention or the 
drawings is not provided, the applicant will not 
be considered to have referred to them.
(5)  At the request of the applicant, the time limit set out 
in paragraph (1) of this Article may be extended 
for a time period not exceeding one month.
Entry of the application into the register 
Article 51
 A patent application for which the filing date 
has been accorded shall be entered into a 
corresponding register referred to in Article 20 
paragraph (1) of this Act, which will be notified to 
the applicant by the Office in writing.
Priority certificate
Article 52
(1)  At the request of the applicant and upon 
payment of the prescribed administrative fee 
and procedural charges, the Office shall issue a 
certificate of the priority right.
(2)  The Head of the Office shall define by the 
Regulations the content of the certificate referred 
to in paragraph (1) of this Article.
Division of the patent application
Article 53
(1)  The applicant may on his own initiative, or upon 
request by the Office, divide the subject-matter 
of the original patent application having the accorded filing date into two or more divisional 
applications and on the basis of each of them 
carry out a separate procedure.
(2)  The subject-matter of a divisional patent application 
shall not go beyond the content of the original 
application.
(3)  The division of the original patent application shall 
be permitted up to the decision made concerning 
the request for the granting of a patent.
(4)  A divisional application shall maintain the filing 
date of the original application and, if having 
grounds therefore within the meaning of the 
provisions of Article 43 of this Act, shall enjoy the 
priority thereof.
Formalities examination of the patent application
Article 54
(1)  The formalities examination procedure of the 
application having the accorded filing date 
shall establish whether the application fulfils the 
following requirements:
1. the administrative fee and procedural charges 
for filing the application are paid;
2. the translation of the application into Croatian 
is filed, if the application has been drafted in 
a foreign language;
3. the applicant referred to in Article 17 
paragraph (1) of this Act is represented by 
an authorised representative;
4. a power of attorney is duly filed, if the 
application is filed through an authorised 
representative;
5. the inventor is indicated, or the inventor’s 
declaration is filed that he does not wish to 
be mentioned in the application;
6. all parts referred to in Article 33 of this Act and 
prescribed attachments to the application are 
included; and
7. the proper priority claim has been filed, if a 
priority right is claimed.
 (2)  If such examination establishes that the 
requirements referred to in paragraph (1) of this 
Article are not complied with, the Office shall 
order the applicant by a conclusion to correct the 
deficiencies expressly indicated within two months 
upon receipt of the conclusion.
(3)  At the reasoned request of the applicant, the Office 
may extend the time limit set out in paragraph (2) 
of this Article for a time period considered to be 
justified, but not exceeding three months.
(4)  If the applicant does not correct the priority claim 
referred to in paragraph (1) item 7 of this Article, 
the Office shall not grant the priority right.
Amendments of the patent application
Article 55
(1)  A patent application for which the filing date 17has been accorded shall not be subsequently 
amended by extending the subject-matter for 
which protection is sought.
(2)  The applicant cannot amend the description, 
claims and drawings of the application before 
having received a search report of the state of the 
art.
(3)  Upon receipt of a search report, the applicant may 
of his own volition once amend the description, 
claims and drawings, provided that the amendment 
is filed together with a response to the report.
(4)  Amended claims cannot relate to unsearched 
subject-matter of the application and which does 
not form a single inventive concept in combination 
with an invention or a group of inventions for which 
protection is originally claimed.
Request for search
Article 56
(1)  If the patent application fulfils the requirements 
referred to in Article 54 paragraph (1) of this Act, 
the Office shall invite the applicant by a conclusion 
to file a request within two months upon its receipt 
and to pay the administrative fee and procedural 
charges for preparation of a search report for the 
invention requested to be protected.
(2)  If the applicant fails to file a request and to pay 
the administrative fee and procedural charges 
for preparation of the search report referred to in 
paragraph (1) of this Article within the prescribed 
time limit, the Office shall reject the patent 
application by a decision.
(3)  The applicant may request that the patent office 
of another state or an interstate office with which 
the Office has entered into an agreement on 
cooperation prepares the search report for the 
patent application fulfilling the requirements 
referred to in Article 54 paragraph (1) of this Act, 
provided that he files such request with the Office 
not later than within the time limit referred to in 
paragraph (1) of this Article and reimburses the 
charges of such procedure.
(4)  The request for searching the state of the art not 
complying with paragraphs (3) and (7) of this 
Article shall not be forwarded to the patent office 
of another state or an interstate office with which 
the Office has entered into an agreement on 
cooperation, which will be immediately notified 
by the Office to the applicant by inviting him to 
correct the request within one month upon receipt 
of the notification.
(5)  If the applicant fails to correct the request in 
compliance with the invitation referred to in 
paragraph (4) of this Article within the prescribed 
time limit, the Office shall reject the patent 
application by a decision.
(6)  Requests referred to in paragraphs (1) and (3) of 
this Article cannot be withdrawn.(7)  The Head of the Office shall define by the 
Regulations the manner of filing the request 
referred to in paragraph (3) of this Article, 
attachments to the request, the contents of the 
form to file the request and the course of the 
procedure by the request.
Search report
Article 57
(1)  The Office shall prepare a search report for the 
invention requested to be protected on the basis 
of claims, taking into account the description of 
the invention together with the drawings filed as 
necessary, and it shall immediately forward it to 
the applicant together with all the documents 
indicated in the report.
(2)  If the Office establishes during preparation of the 
report referred to in paragraph (1) of this Article 
that it is not possible to conduct search of the state 
of the art in relation to all or some of the claims 
because the patent application does not fulfil 
requirements referred to in this Act, it shall either 
indicate in a declaration that it cannot conduct 
search or it shall prepare a partial search report 
to the extent possible.
(3)  If the Office establishes during preparation of 
the report referred to in paragraph (1) of this 
Article that the patent application does not fulfil 
the requirements of a single inventive concept, 
it shall prepare a partial search report related 
to the invention or a group of inventions within 
the meaning of Article 32 of this Act which are 
mentioned first in claims.
(4)  Upon preparation of the partial report referred 
to in paragraph (3) of this Article, the Office shall 
notify the applicant that the search report will also 
contain other inventions, provided that additional 
search fee is paid for every invention included 
within two months upon receipt of the notification.
(5)  The declaration or partial report referred to in 
paragraph (2) of this Article, as well as the report 
prepared on the basis of paragraph (3) of this 
Article, shall be considered the search report 
during further procedure.
(6)  The Head of the Office shall define by the 
Regulations the manner of preparing the search 
report and its content.
Written opinion on patentibility
 
Article 58
(1)  On request of the applicant, together with the 
search report referred to in Article 57 of this Act, 
the Office may also prepare a written opinion on 
patentability that establishes if the application and 
the related invention fulfil requirements of novelty, 
inventive step and industrial applicability and other 
requirements of this Act, taking into account the 
documents indicated in the search report.18(2)  The request for preparation of a written opinion 
on patentability may be filed together with the 
request referred to in Article 56 of this Act or 
not later than within two months upon filing that 
request, provided that the administrative fee and 
procedural charges are paid.
(3)  If the requirements referred to in paragraph (2) of 
this Article are not fulfilled, the Office shall reject 
the request for preparation of a written opinion on 
patentability.
(4)  The provisions referred to in Article 57 of this 
Act shall apply accordingly to the preparation of 
written opinion on patentability.
(5)  The applicant may reply to a written opinion on 
patentability and amend the description, claims 
and drawings as necessary not later than until the 
request for substantive examination referred to in 
Article 61 of this Act has been filed, which shall be 
taken into account by the Office in the substantive 
examination.
(6)  If the applicant fails to reply to a written opinion 
on patentability, it shall be considered the first 
result of the substantive examination referred to 
in Article 62 of this Act.
(7) The written opinion on patentability shall not be 
published.
(8)  The Head of the Office shall define by the 
Regulations the manner of preparing the written 
opinion on patentability and its content.
5. PUBLICATION OF A PATENT APPLICATION
Manner and content of the publication of a patent 
application
Article 59
(1)  The Office shall publish a patent application in the 
official gazette of the Office, as soon as possible 
upon expiry of 18 months from its filing date, or 
the date of granted priority, whereby it becomes 
available to the public.
(2)  The patent application referred to in paragraph 
(1) of this Article may be, upon request by the 
applicant, published prior to the expiration of the 
said time limit, but not before the expiration of 
three months from the date of its filing with the 
Office.
(3)  The patent application shall not be published if 
the procedure was concluded before the technical 
preparations for publication of an application have 
been completed.
(4)  The content of a patent application published or 
otherwise made available to the public, despite 
the procedure initiated by an application having 
been concluded before that, shall not form part 
of the state of the art.
(5)  Together with publication of a patent application, 
the Office shall also publish a search report referred to in Article 57 of this Act if possible.
(6)  If the search report referred to in Article 57 of 
this Act cannot be published together with the 
publication of a patent application, it will be 
published subsequently.
(8) The Head of the Office shall define by the 
Regulations in detail the content of the publication 
of a patent application.
Notification of publication
Article 60
 The Office shall notify the applicant of the 
publication date of an application, or the search 
report, in the official gazette of the Office, and of 
the obligation to file a request referred to in Article 
61 of this Act.
Request for substantive examination
Article 61
(1)  The applicant may file a request for the substantive 
examination of requirements for the grant of a 
patent until expiry of the six-month time limit after 
the search report referred to in Article 57 of this 
Act has been published in the official gazette of 
the Office.
(2)  The request referred to in paragraph (1) of this 
Article cannot be withdrawn.
(3)  The request is considered to have been filed upon 
payment of the administrative fee and procedural 
charges of the examination.
(4)  If the request referred to in paragraph (1) of this 
Article is not filed within the prescribed time limit 
or the administrative fee and procedural charges 
of the examination are not paid, the Office shall 
reject the patent application by a decision.
6. COURSE OF THE SUBSTANTIVE EXAMINATION 
OF REQUIREMENTS  
FOR THE GRANT OF A PATENT
Substantive examination
Article 62
(1)  By substantive examination of a patent application, 
the Office shall establish whether the invention 
complies with all the requirements for the grant 
of the patent prescribed by this Act, i.e. whether 
the subject-matter of the application:
1. is an invention which is not excluded from 
patent protection in compliance with Article 
6, paragraph (2) and Articles 8 and 9 of this 
Act;
2. is an invention which is in compliance with the 
rule of unity of invention referred to in Article 
32 of this Act;
3. is an invention which is new in compliance 19with Articles 10 and 11 of this Act, which 
includes an inventive step in compliance with 
Article 12 of this Act, and which is industrially 
applicable in compliance with Article 13 of this 
Act;
4. is an invention which is disclosed in the 
application in compliance with Article 35 of 
this Act; and
5. is an invention fulfilling the requirements 
referred to in Articles 36 and 37 of this Act.
(2)  The Office may carry out the substantive 
examination of a patent application referred to 
in paragraph (1) of this Article, completely or in 
part, through one of the national patent offices of 
other countries or interstate offices with which it 
has concluded a cooperation agreement.
(3) The applicant who has also filed a patent 
application for the protection of the same invention 
with a national patent office of another country 
may file with the Office the results of substantive 
examination carried out by that office, translated 
into Croatian.
(4)  If the Office during the substantive examination 
establishes that the invention which is the subject-
matter of the application does not comply with 
all the requirements referred to in paragraph (1) 
of this Article, it shall notify the applicant thereof 
and invite him as many times as necessary to 
file observations thereon and to correct the 
established deficiencies within the time limit not 
sooner than two months nor exceeding three 
months upon receipt of the notification.
(5)  The notification referred to in paragraph (4) of 
this Article contains the result of examination with 
explaining all the reasons for which the patent 
cannot be granted.
(6)  Upon the reasoned request of the applicant, the 
Office may extend the time limit referred to in 
paragraph (4) of this Article.
Observation by a third party
Article 63
(1)  Upon publication of a patent application, a third 
party may file observation with the Office on 
patentability of the invention which is the subject-
matter of the application.
(2)  Observation on patentability referred to in 
paragraph (1) of this Article shall be in writing 
and accordingly reasoned, and the Office may 
take them into consideration when examining 
requirements for the grant of a patent and deliver 
them to the applicant or the holder of a patent for 
observations.
(3)  A person referred to in paragraph (1) of this Article 
shall not be considered a party in the procedure 
before the Office.Urgent procedure
Article 64
 Upon request of the applicant or the holder of a 
utility model who can prove the existence of legal 
interest, the Office shall immediately subject the 
application to the urgent substantive examination 
provided that the administrative fee and procedural 
charges for substantive examination have been 
paid with filing the request.
Decision on the refusal of a patent
Article 65
 The Office shall issue a decision on refusing a 
patent if it is established during the substantive 
examination that the application does not comply 
with all the requirements for the grant of a patent 
referred to in Article 62 paragraph (1) of this Act.
Decision on the grant of a patent
Article 66
(1)  If the Office establishes that the patent application 
complies with all the requirements prescribed 
by this Act, it shall provide the applicant with the 
final text of the application on the basis of which 
it intends to grant a patent and it shall invite him 
to submit written approval concerning the text 
provided within two months upon receipt of the 
invitation.
(2)  Before making a decision on the grant of a 
patent, the Office shall invite the applicant to pay 
the charges for printing the publication of the 
information on granting the patent and issuing the 
patent certificate and patent file within two months 
upon receipt of the invitation.
(3)  If the applicant pays the charges within the time 
limit referred to in paragraph (2) of this Article, 
he shall be considered to approve of the text 
proposal and the Office shall issue a decision on 
the grant of a patent according to the final text of 
the application provided to the applicant within 
the meaning of paragraph (1) of this Article.
(4)  If the patent applicant submits in time a written 
declaration to the effect that he does not agree 
with the proposal referred to in paragraph (1) of 
this Article, he shall state the reasons for that and 
concurrently submit an amended text of the claims 
to the Office.
(5)  If the Office accepts the applicant’s reasons and 
amended claims referred to 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)  If the Office establishes that the reasons stated by 
the applicant cannot be accepted, it shall notify 
the applicant thereof in detail in writing and it shall 
issue a decision on the grant of a patent according 
to the final text of the claims as submitted for 20approval.
(7)  If the applicant fails to pay the charges referred 
to in paragraph (2) of this Article within the 
prescribed time limit, the Office shall issue a 
decision on rejecting the application for the grant 
of a patent.
Entry of the granted right
Article 67
 The data on the grant of a patent and a utility 
model shall be entered into the register referred 
in Article 21 of this Act.
Patent certificate
Article 68
(1)  The holder of a patent shall be issued a patent 
certificate as soon as possible from the date of 
the decision on the grant of a patent.
(2)  The Head of the Office shall define by the 
Regulations in detail the content and the form of 
the certificate referred to in paragraph (1) of this 
Article.
Patent specification 
Article 69
(1)  The patent specification shall be issued to the 
holder of a patent as soon as possible from the 
date of the decision on the grant of a patent.
(2)  The Head of the Office shall define by the 
Regulations in detail the content and the form of 
the specification referred to in paragraph (1) of 
this Article.
Publication of the mention of a patent grant
Article 70
(1)  The mention of the grant of the patent shall be 
published in the official gazette of the Office.
(2)  The Head of the Office shall define by the 
Regulations in detail the data to be published in 
the official gazette of the Office.
PART FIVE
UTILITY MODEL
Requirements and subject-matter of protection 
Article 71
(1)  A utility model shall be registered for an invention 
whose subject-matter of protection is patentable 
in compliance with Article 6 of this Act.
(2)  A utility model shall not be registered for:
1.  an invention in the field of biotechnology;
2.  an invention of chemical or pharmaceutical substance;
3.  an invention where its commercial exploitation 
would be contrary to public order or morality, 
where exploitation shall not be considered 
contrary to public order or morality only 
because such exploitation is forbidden by 
law or another regulation; and
4.  an invention that refers to a process.
National priority right
Article 72
(1)  Any person who filed a proper patent application 
shall enjoy priority from the filing date of that 
application for the purpose of applying for a 
utility model or converting a patent application 
into a utility model application, provided that the 
utility model application for the same invention 
has been filed with the Office within 12 months 
upon the filing date of the patent application and 
that priority has not been already claimed for the 
patent application the priority of which is intended 
to be invoked.
(2)  The applicant for a utility model shall file the priority 
claim referred to in paragraph (1) of this Article not 
later than within the time limit not exceeding two 
months from the filing date of that application.
(3)  The provisions referred to in Articles 43 and 44 of 
this Act concerning international priority shall be 
applied accordingly to the national priority.
Utility model application
Article 73
(1)  Registration procedure of a utility model shall be 
initiated by filing a utility model application with 
the Office.
(2)  The application referred to in paragraph (1) of this 
Article cannot contain more than ten claims.
Examination of utility model application
Article 74
(1)  In the examination procedure of a utility model 
application where the filing date has been 
accorded within the meaning of Article 49 of this 
Act, the Office shall establish if it complies with 
the following requirements:
1. if it complies with Article 54 of this Act;
2. if it is drafted in the manner as prescribed 
by Article 34, Article 35 paragraphs (1) and 
(2), Articles 36 to 38, Article 40 and Article 73 
paragraph (2) of this Act; and
3. if the subject-matter of protection is an 
invention not excluded from protection within 
the meaning of Article 6 paragraph (2) and 
Article 71 paragraph (2) of this Act.
(2)  Novelty, inventive step and industrial applicability 
of the invention shall not be examined in the 21examination procedure of a utility model.
(3)  If the Office establishes during the examination 
procedure that the application does not comply 
with all the requirements referred to in paragraph 
(1) of this Article, it shall notify the applicant 
thereof and invite him to correct the established 
deficiencies within the time limit not sooner than 
two months nor exceeding three months upon 
receipt of the notification.
(4)  The notification referred to in paragraph (3) of 
this Article contains the result of examination with 
explanations of the reasons for which the utility 
model cannot be granted.
(5)  Upon receipt of the notification referred to in 
paragraph (3) of this Article, the applicant may 
amend the description, claims and drawings, 
provided that the amendment is filed together with 
a response to the result of examination.
 (6)  Upon the reasoned request of the applicant, the 
Office may extend the time limit referred to in 
paragraph (3) of this Article.
(7)  The utility model application shall not be 
published.
Decision on the refusal of a utility model
Article 75
 The Office shall issue a decision on refusing 
a utility model if it is established during the 
examination procedure referred to in Article 74 of 
this Act that the application does not comply with 
all the requirements for the registration of a utility 
model.
Decision on the registration of a utility model
Article 76
(1)  If the Office establishes that the utility model 
application complies with all the requirements 
referred to in Article 74 paragraph (1) of this Act, it 
shall notify the applicant of legal consequences of 
the registration of a utility model and provide him 
with the proposal of the final text of the application 
on the basis of which it intends to grant a utility 
model and it shall invite him to submit written 
approval concerning the text provided within one 
month upon receipt of the invitation or to request 
conversion of a utility model application into a 
patent application.
(2)  Before making a decision on the registration of a 
utility model, the Office shall invite the applicant 
to pay the charges for printing the publication of 
the information on registering the utility model 
and issuing the utility model certificate and utility 
model file within one month upon receipt of the 
invitation.
(3)  If the applicant pays the charges within the time 
limit referred to in paragraph (2) of this Article, 
he shall be considered to approve of the text 
proposal and the Office shall issue a decision on the registration of a utility model according to the 
final text of the utility model application provided 
to the applicant within the meaning of paragraph 
(1) of this Article.
(4)  If the utility model applicant submits a written 
declaration to the Office in time to the effect that 
he does not agree with the proposal referred to 
in paragraph (2) of this Article, he shall state the 
reasons for that and submit an amended text of 
the claims to the Office.
(5)  If the Office accepts the applicant’s reasons 
and amended claims referred to in paragraph 
(4) of this Article, it shall issue a decision on the 
registration of a utility model according to the text 
of the claims proposed by the applicant.
(6) If the reasons stated by the applicant cannot be 
accepted, the Office shall notify the applicant 
thereof in detail in writing and it shall issue a 
decision on the registration of a utility model 
according to the final text of the claims as 
submitted for approval.
(7)  If the applicant fails to pay the charges referred 
to in paragraph (2) of this Article within the 
prescribed time limit, the Office shall issue a 
decision on rejecting the utility model application.
(8)  The utility model registration data shall be entered 
into the register referred to in Article 22 of this Act.
Substantive examination of a utility model
Article 77
(1)  Upon request of the holder of a utility model, the 
Office shall conduct the substantive examination 
of the subject-matter of protection of a utility 
model provided that the administrative fee and 
procedural charges of preparing the search report 
and conducting substantive examination have 
been paid.
(2)  The request referred to in paragraph (1) of this 
Article may be submitted not later than within 
the time limit not exceeding the seventh year 
of duration of the utility model and it cannot be 
withdrawn.
(3)  If the invention which is subject-matter of 
protection of a utility model complies with the 
requirements prescribed by Article 62 paragraph 
(1) items 1 to 3 of this Act, the Office shall issues 
a decision on the grant of a patent to its holder.
(4)  Provisions referred to in Article 62 paragraphs 2 
to 6 and Articles 65 to 70 of this Act shall apply 
accordingly to the substantive examination of a 
utility model.
(5)  A utility model not complying with the requirements 
referred to in Article 62 paragraph (1) items 1 to 3 
of this Act shall be declared null and void by the 
Office ex officio.
(6)  The Office shall enter the data on converting 
a utility model into a patent or the data on its 
declaration of nullity into the register referred to 22in Article 22 of this Act and it shall publish them 
in the official gazette of the Office.
(7)  The Head of the Office shall define by the 
Regulations in detail the data referred to in 
paragraph (6) of this Article to be published in the 
official gazette of the Office.
Conversion of an application
Article 78
(1)  The applicant may file a request for conversion of 
a utility model application into a patent application 
and vice versa, on which the Office shall issue a 
corresponding decision.
(2)  The request for conversion of a utility model 
application into a patent application may be 
filed until adoption of the decision referred to in 
Article 75 or Article 76 of this Act provided that the 
administrative fee and procedural charges have 
been paid.
(3)  The request for conversion of a patent application 
into a utility model application may be filed not 
later than until expiry of six months upon the date 
of publishing a search report in the official gazette 
of the Office.
(4)  The converted application shall maintain the filing 
date of a utility model application or a patent 
application.
PART SIX
SUPPLEMENTARY PROTECTION CERTIFICATE
Scope
Article 79
(1)  If a basic patent has been granted for a product 
which is a component part of a medicine intended 
for humans or animals for which marketing 
authorisation by a responsible authority is 
necessary, the Office may grant a supplementary 
protection certificate for that product in accordance 
with the requirements, scope and effects provided 
by the Regulation (EC) No. 469/2009.
(2)  If a basic patent has been granted for a product 
which is a component part of a plant protection 
product for which marketing authorisation by a 
responsible authority is necessary, the Office may 
grant a supplementary protection certificate for 
that product in accordance with the requirements, 
scope and effects provided by the Regulation (EC) 
No. 1610/1996.
(3)  The supplementary protection certificate referred 
to in paragraph (1) of this Article may be extended 
in accordance with Article 13 paragraph (3) of the 
Regulation (EC) No. 469/2009 and Article 36 of the 
Regulation (EC) No. 1901/2006 of the European 
Parliament and of the Council of 12 December 
2006 on medicinal products for paediatric use.(4)  The provisions of this Act shall apply mutatis 
mutandis to particular matters of the procedure 
relating to Supplementary Protection Certificates, 
not regulated by the Regulations (EC) No. 
469/2009 and No. 1610/1996.
An application for a supplementary protection 
certificate
Article 80
(1)  An application for a supplementary protection 
certificate shall be filed with the Office in 
accordance with the provisions of Article 7 
paragraphs (1) and (2) of the Regulation (EC) No. 
469/2009 and Article 7 of the Regulation (EC) No. 
1610/96.
(2)  In addition to the content prescribed by Article 8 
paragraph (1) of the Regulation (EC) No. 469/2009 
and Article 8 paragraph (1) of the Regulation (EC) 
No. 1610/96, an application for a supplementary 
protection certificate shall also contain the name 
of the product for which the grant of the certificate 
has been applied for.
(3)  With an application referred to in paragraph 
(1) of this Article, the applicant shall pay the 
administrative fee and procedural charges.
(4)  The Head of the Office shall define by the 
Regulations the content and the form of the 
application referred to in paragraph (1) of this 
Article.
Content of an application for a supplementary 
protection certificate required for the accordance  
of the filing date
Article 81
(1)  The accordance of the filing date of the application 
for a supplementary protection certificate shall 
require that on that date the application contains 
at least:
1. an indication that the supplementary 
protection certificate is applied for;
2. data that enable identification of the applicant;
3. the number of the basic patent and the title 
of the invention; and
4. the number and date of the first authorisation 
to place the product on the market, in 
accordance with Article 3 item (b) of the 
Regulation (EC) No. 469/2009 and Article 3 
item 1(b) of the Regulation (EC) No. 1610/96, 
and indication of the number and date of 
the first authorisation, if the authorisation as 
filed is not the first authorisation to place the 
product on the market in the European Union.
(2)  The application with a filing date accorded shall 
be entered in the register referred to in Article 
23 of this Act and it shall be published in the 
official gazette of the Office in accordance with 
the provisions of Article 8 paragraph (2) of the 23Regulation (EC) No. 469/2009 and Article 9 
paragraph (2) of the Regulation (EC) No. 1610/96.
(3)  The Head of the Office shall define by the 
Regulations the content of the information referred 
to in paragraph (2) of this Article to be published.
Examination of the application for the supplementary 
protection certificate
Article 82
(1)  In the examination procedure carried out upon 
the application for a certificate, the Office shall 
establish:
1. whether the application complies with the 
requirements for the accordance of the filing 
date referred to in Article 81 of this Act;
2. whether the administrative fee and procedural 
charges for filing the application have been 
paid;
3. whether Croatian translations of supporting 
documents have been filed;
4. whether the applicant referred to in Article 17 
paragraph (1) of this Act is represented by  a 
representative; and
5. whether a proper power of attorney for 
representation has been submitted if the 
application is filed through a representative.
(2)  If the application fails to comply with the 
requirements referred to in paragraph (1) of this 
Article, the Office shall order the applicant by a 
conclusion to correct the deficiencies as indicated 
in it within two months upon its receipt, i.e. to pay 
the administrative fee and procedural charges.
(3)  If the applicant acts in accordance with the 
conclusion within the time limit referred to in 
paragraph (2) of this Article, the Office shall 
inform him that the date of receipt of the required 
corrections shall be accorded as the filing date of 
the correct application for a certificate.
(4)  If the applicant fails to comply with the conclusion 
of the Office within the time limit referred to in 
paragraph (2) of this Article, the application shall 
be rejected by a decision.
(5)  Upon a reasoned request of the applicant, the 
Office may extend the time limits referred to in this 
Article for a period it considers to be justified, but 
which shall not exceed 2 months.
A decision on an application for a supplementary 
protection certificate
Article 83
(1)  If, in the further course of the examination 
procedure, it has been established that the 
application complies with all the requirements 
prescribed by the Regulations (EC) No. 469/2009 
and No. 1610/96, and the requirements prescribed 
by this Act, the Office shall issue a decision on the 
grant of a supplementary protection certificate, also specifying the duration of the certificate.
(2)  If in the examination procedure it has been 
established that the application fails to comply 
with the requirements referred to in paragraph (1) 
of this Article, the Office shall issue a decision on 
the refusal of the application for a supplementary 
protection certificate.
(3)  The indications concerning the grant of a 
supplementary protection certificate as well as 
indications concerning its refusal or rejection shall 
be published in the official gazette of the Office 
in accordance with the provisions referred to in 
Article 11 of the Regulation (EC) No. 469/2009 and 
Article 11 of the Regulation (EC) No. 1610/96.
(4)  The Head of the Office shall define by the 
Regulations the content of the indications referred 
to in paragraph (3) of this Article to be published.
A request for an extension of the duration of a 
supplementary protection certificate
Article 84
(1)  A request for an extension of the duration of a 
supplementary protection certificate shall be filed 
with the Office in accordance with the provisions 
referred to in Article 7 paragraphs (3) to (5) of the 
Regulation (EC) No. 469/2009.
(2)  For the request referred to in paragraph (1) of this 
Article the applicant shall pay the administrative 
fee and procedural charges.
(3)  The request referred to in paragraph (1) of this 
Article shall be filed on the form the content and 
the layout of which shall be defined in more detail 
in the Regulations by the Head of the Office.
Examination of a request for an extension of the 
duration of a certificate
Article 85
(1)  In the examination procedure of a request for 
an extension of the duration of a supplementary 
protection certificate, the Office shall inspect if 
the request complies with all the requirements 
prescribed by the Regulation (EC) No. 469/2009.
(2)  The provisions referred to in Article 82 of this Act 
shall apply mutatis mutandis to the examination 
procedure of the request for an extension of the 
duration of a certificate.
A decision on a request for an extension of the 
duration of a supplementary protection certificate
Article 86
(1)  If, in the course of the examination procedure 
concerning a request for an extension of 
the duration of a supplementary protection 
certificate it has been established that the request 
complies with all the requirements prescribed 
by the Regulation (EC) No. 469/2009 and the 
requirements prescribed by this Act, the Office 24shall issue a decision on the extension of a 
certificate, also specifying its duration.
(2)  If a request for an extension of a supplementary 
protection certificate has been filed simultaneously 
with an application for a supplementary protection 
certificate or in the course of the certificate 
granting procedure, the Office shall decide on the 
request for an extension by a decision concerning 
an application for a supplementary protection 
certificate.
(3)  If a request for an extension of an already granted 
certificate has been filed, and the procedure for 
the declaration of invalidity of the certificate or for 
the lapse thereof have been initiated, the Office 
shall suspend the procedure until a decision on 
the proposal for the declaration of invalidity of a 
supplementary protection certificate, or a decision 
on the lapse thereof respectively, becomes final.
(4)  The provisions referred to in Article 83 of this Act 
shall apply mutatis mutandis to the procedure of 
issuing a decision on the request for an extension 
of the duration of a supplementary protection 
certificate.
PART SEVEN
DURATION, MAINTENANCE AND CESSATION OF 
EFFECT OF A PATENT
1. DURATION AND MAINTENANCE OF A PATENT
Term of a patent
Article 87
(1)  The term of a patent shall be 20 years from the 
filing date of the application.
(2)  The term of a utility model shall be ten years from 
the filing date of the application.
Maintenance of a patent and a utility model 
Article 88
(1)  The maintenance of a patent and a utility model 
shall be subject to payment of the annual charges 
in compliance with special regulations.
(2)  The annual charges referred to in paragraph (1) 
of this Article may be paid by any person.
(3)  The annual charges referred to in paragraph (1) 
of this Article shall be payable for the third and 
every subsequent year, counting from the filing 
date of an application.
(4)  The annual maintenance charges for an original 
application due on the filing date of a divisional 
application shall also be payable for the divisional 
application when filing it.
(5)  If not paid in compliance with paragraph (3) or 
paragraph (4) of this Article, the maintenance charges may be paid in the grace period of six 
months, provided that maintenance surcharges 
are also paid.
(6)  The Office shall inform the applicant, the patent 
holder or the holder of a utility model of non-
payment of the annual maintenance charges and 
of the consequences thereof, and of the possibility 
of payment according to paragraph (5) of this 
Article.
Maintenance of a supplementary protection 
certificate 
Article 89
(1)  The annual charges for the maintenance of the 
supplementary protection certificate shall be paid 
to the Office for each year of its duration.
(2)  The annual charges referred to in paragraph (1) 
of this Article shall cover a twelve-month period, 
starting from the date of expiration of the basic 
patent and shall be paid for each year separately.
(3)  If the last period of the duration of the certificate 
is shorter than 12 months, the annual charges 
shall be paid in advance in the amount which is 
proportionate to the duration of the certificate, 
together with the payment of the total amount of 
the annual charges for the last complete year.
(4)  If the annual charges are not paid in accordance 
with paragraphs (2) and (3) of this Article, they 
may be paid it in the grace period of six months, 
provided that the maintenance surcharges are 
also paid.
(5)  The annual charges referred to in this Article may 
be paid by any person.
(6)  The Office shall inform the holder of the failure to 
pay the annual charges for the maintenance of the 
certificate and of the consequences of the failure 
to pay them, as well as of the payment possibility 
referred to in paragraph (4) of this Article.
2. LAPSE OF A PATENT
Lapse of a patent and a utility model due to the  
non-payment of maintenance charges
Article 90
(1)  If the applicant or the patent holder or the holder 
of a utility model fails to pay the prescribed 
maintenance charges, the patent shall lapse on 
the day following the day on which the time limit 
for the payment referred to in Article 88 paragraph 
(3) of this Act has expired.
(2)  The information on the lapse of a patent shall be 
published in the official gazette of the Office.25Termination of a patent due to the surrender thereof
Article 91
(1)  The patent or the utility model holder may 
surrender a patent completely or in part by a 
written declaration concerning the surrender 
thereof. 
(2)  The declaration of surrender shall take effect on 
the day following its filing with the Office.
(3)  If a particular right on behalf of third persons has 
been entered into the register, the patent or the 
utility model holder shall file a certified written 
consent of those persons with the Office together 
with the declaration referred to in paragraph (1) 
of this Article.
(4)  The information on surrender shall be published 
in the official gazette of the Office.
Death or end of existence of a patent holder
Article 92
(1)  A patent or a utility model shall be terminated on 
the day of the patent holder’s death, or on the 
day of the loss of the capacity of the legal person 
respectively, unless it is transferred to heirs or 
successors in title.
(2)  The provisions referred to in this Article shall be 
applied mutatis mutandis to the applicant of a 
patent.
PART EIGHT
EFFECTS OF A PATENT
1. ACQUISITION AND EFFECTS OF A PATENT
Exclusive rights acquired by a patent
Article 93
(1)  The holder of a patent shall acquire exclusive 
rights conferred by a patent on the date of 
publishing the information on its grant.
(2)  Any other person not having the patent holder’s 
consent shall be prohibited from:
1. making, offering for sale, selling or using, 
importing and stocking for such purposes, 
the product which is a subject matter of a 
patent;
2. using or offering the use of the process 
which is the subject matter of the patent, 
if another person was or must have been 
acquainted with the fact that the process is 
prohibited from implementing without the 
patent holder’s consent; and/or
3. offering for sale, selling, using, importing 
or stocking for such purposes, the product 
which is obtained directly from a process 
which is the subject-matter of the patent.(3)  Any other person not having the patent holder’s 
consent shall be also prohibited from offering and 
supplying the product constituting an essential 
element of the invention, to persons not entitled 
to exploit the said invention, if the offeror or 
supplier knows or should have known from the 
circumstances of the case that such product 
is intended for putting the invention of another 
person into function.
(4)  The provisions referred to in paragraph (3) of this 
Article shall not apply if the offered or supplied 
product is a staple commercial product, except 
where the supplier or offeror induces other 
persons to commit acts referred to in paragraph 
(2) of this Article.
Exclusive rights related to patents in the field of 
biotechnology
Article 94
(1)  If a biological material possessing specific 
characteristics as the result of the invention is 
protected by a patent, the exclusive rights referred 
to in Article 93, paragraphs (2) and (3) of this Act 
shall extend to any biological material derived 
from that biological material through propagation 
or multiplication in an identical or divergent form 
and possessing those same characteristics.
(2)  If a process that enables a biological material to 
be produced possessing specific characteristics 
as a result of the invention is protected by a 
patent, the exclusive rights referred to in Article 
93, paragraphs (2) and (3) of this Act shall extend 
to biological material directly obtained through 
that process and to any other biological material 
derived from the directly obtained biological 
material through propagation or multiplication 
in an identical or divergent form and possessing 
those same characteristics.
(3)  If a product containing or consisting of genetic 
information is protected by a patent, the exclusive 
rights referred to in Article 93, paragraphs (2) and 
(3) of this Act shall extend to all material, with the 
exception of the material referred to in Article 9 
paragraph (1) of this Act, including the product 
and the material in which the genetic information 
is contained and performs its function.
Rights conferred by a patent application
Article 95
(1)  By publication of the patent application, the 
patent applicant shall acquire provisional rights 
on the basis of which compensation for damages 
may be claimed from any third party which has 
exploited the invention within the period from the 
date of publication of the patent application and 
the date of publication of a mention of the grant 
of the patent contrary to Articles 93 and 94 of this 
Act.26(2)  The patent application shall not have the effects 
set out in paragraph (1) of this Article when it has 
been suspended, rejected or refused.
Scope of the exclusive rights 
Article 96
(1)  The scope of the patent holder’s exclusive rights 
shall be determined by the claims which are 
finally accepted in the patent granting procedure, 
whereas the description and drawings shall serve 
to interpret the claims. 
(2) Where the subject matter of the patent is a 
process, the rights conferred by such patent shall 
also extend to the product directly obtained by 
that process. 
(3)  The terms of the claims shall not be confined to 
their strict literal wording, nor shall the description 
and drawings be taken into account only for the 
purpose of clarifying vagueness in the claims. 
The claims shall neither be taken as guidelines 
indicating that the scope of the exclusive rights 
may extend to the matter which a person skilled 
in the art might take as the intended scope 
of protection on the basis of description and 
drawings.
Scope of protection from a published application
Article 97
(1)  In the period until a patent has been granted, the 
scope of protection shall be determined by claims 
from a published patent application.
(2)  The rights referred to in paragraph (1) of this Article 
shall be retroactively determined by claims of 
the patent eventually granted, or amended in the 
annulment procedure, provided that the scope of 
protection is thus not extended.
2. LIMITATION OF THE EFFECT OF A PATENT
Exceptions from the exclusive rights
Article 98
 The patent holder’s exclusive right of exploitation 
of the invention shall not apply to:
1. acts in which the invention is exploited for 
private and non-commercial purposes;
2. acts done for the purposes of research 
and development and for experiments 
relating to the subject-matter of a patent 
or a supplementary protection certificate, 
including where such acts are necessary 
for obtaining authorisation for putting on the 
market a product comprising a medicine 
intended for people and/or animals; and/or
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.
Limitation of effects in respect of patents in the field 
of biotechnology
Article 99
(1)  The exclusive rights deriving from the provision 
set out in Article 94 of this Act shall not extend to 
biological material obtained from the propagation 
or multiplication of biological material placed 
on the market in the territory of the Republic 
of Croatia, or a Member State of the European 
Union or a Contracting Party to the European 
Economic Area Agreement, by the holder of the 
patent or with his consent, where the multiplication 
or propagation necessarily results from the 
application for which the biological material was 
marketed, provided that the material obtained is 
not subsequently used for other propagation or 
multiplication.
(2)  By way of derogation from Article 94 of this Act, 
the sale or other form of commercialisation of plant 
propagating material to a farmer by the holder 
of the patent or with his consent for agricultural 
use implies authorisation for the farmer to use 
the product of his harvest for propagation or 
multiplication by him on his own farm.
(3)  By way of derogation from Article 94 of this Act, 
the sale or any other form of commercialisation 
of breeding stock or other animal reproductive 
material to a farmer by the holder of the patent 
or with his consent implies authorisation for 
the farmer to use the protected livestock for 
agricultural purposes, including making the animal 
or other animal reproductive material available for 
the purposes of pursuing his agricultural activity 
but not for sale within the framework or for the 
purpose of a commercial reproduction activity.
Right of earlier date
Article 100
(1)  A patent shall not take effect against a person 
who used or made a product which is the subject 
matter of an invention or who made effective and 
serious preparations for such exploitation of the 
invention, in good faith, in the Republic of Croatia 
and within his economic activities, before the filing 
date of the patent application or before the date 
of granted priority.
(2)  The person referred to in paragraph (1) of this 
Article shall have the right to continue exploiting 
the invention within the scope he exploited it or 
prepared its exploitation until the filing date of the 
patent application for the related invention.
(3)  The right referred to in paragraph (2) of this 
Article may only be transferred or inherited with 
the process of work and a manufacturing site 
where exploitation of the invention was prepared 
or started.27Limitation of rights for undisturbed  
international traffic
Article 101
(1)  The use of products made according to a 
protected invention in a vessel belonging to a 
Member State of the Paris Union or the WTO, in 
a hull, machines, equipment, devices or other 
accessories, shall not be considered a patent 
infringement where such vessel finds itself 
temporarily or accidentally in the territorial waters 
of the Republic of Croatia, provided that the built-
in product serves exclusively for the purposes of 
the said vessel.
(2)  The use of products made according to a protected 
invention in the construction or operation of an 
aircraft, a land vehicle or other transport means 
belonging to a Member State of the Paris Union 
or the WTO shall not be considered a patent 
infringement where such transport means finds 
itself temporarily or accidentally in the territory of 
the Republic of Croatia, provided that the built-in 
product serves exclusively for the purposes of the 
said transport means.
Exhaustion of the patent holder’s exclusive rights
Article 102
(1)  The exclusive rights conferred by a patent shall 
not extend to a product which is a subject matter 
of the patent after such product has been put 
on the market in the territory of a Member State 
of the European Union or a Contracting State of 
the European Economic Area Agreement by the 
holder of a patent or with his consent.
(2)  The provision referred to in paragraph (1) of 
this Article shall not apply if there are legitimate 
grounds for the holder of a patent to prohibit 
further commercialisation of the product.
(3)  The provisions referred to in paragraph (1) of 
this Article shall also apply to the exclusive 
rights acquired by a supplementary protection 
certificate.
3. COMPULSORY LICENSES
Compulsory license granting competence and 
procedure
Article 103
(1)  The Commercial Court in Zagreb shall be the 
competent court for granting a compulsory 
license.
(2)  Compulsory license granting procedure shall be 
initiated by bringing an action against the patent 
or the supplementary protection certificate holder.
(3)  The action referred to in paragraph (2) of this 
Article contains a request for the grant of a 
compulsory license, and it cannot be brought before expiry of a four-year period form the filing 
date of a patent application or before expiry of a 
three-year period from the patent granting date.
(4)  The claimant shall provide all facts in the action 
and propose all pieces of evidence which his 
request is based on.
(5)  Decisions of the court in compulsory license 
granting procedures may be appealed in 
accordance with the provisions of general 
regulations governing civil procedure.
(6)  General regulations governing civil procedure 
shall be applied to particular matters of the 
compulsory license granting procedure not 
regulated by this Act.
Compulsory licenses
Article 104
(1)  The court referred to in Article 103 paragraph 
(1) of this Act may allow any person to exploit 
the subject matter of a patent without consent of 
the holder of a patent by granting a compulsory 
license in cases where the holder of a patent 
does not at all or insufficiently exploit the subject 
matter of a patent in the territory of the Republic 
of Croatia or has not made effective and serious 
preparations for its exploitation.
(2)  A compulsory license cannot be granted if the 
holder of a patent provides legitimate reasons to 
justify non-exploitation or insufficient exploitation 
of the protected invention.
(3)  The court referred to in Article 103 paragraph (1) 
may grant a compulsory license in relation to the 
subject matter of the first patent to the holder of 
a patent who cannot exploit the subject matter of 
his patent (second patent) without infringing the 
first patent, on the following conditions:
1. the subject matter of the second patent 
involves an important technical advance 
of considerable economic significance in 
relation to the subject matter of protection of 
the first patent;
2. the holder of the first patent shall be entitled, 
on reasonable terms, to a cross compulsory 
license to use the subject matter of the 
second patent; and
3. granted license may be transferred exclusively 
with a transfer of the second patent.
(4)  The provisions referred to in paragraph (3) of 
this Article shall apply mutatis mutandis in the 
case where a breeder cannot exercise the right 
to a protected plant variety without infringing 
the patent protecting an invention in the field of 
biotechnology or where the holder of a patent 
cannot exploit the invention protected by a patent 
in the field of biotechnology without infringing the 
breeder’s right to a protected plant variety.
(5)  The court referred to in Article 103 paragraph 
(1) of this Act may grant a compulsory license if 28the exploitation of the subject matter of a patent 
is necessary in situations of extreme urgency 
on a national level, in particular for national 
security, public interest protection in the field of 
health, food supply, environmental protection 
and improvement, specific commercial interest 
or when it is necessary to remedy a practice 
determined by a judicial or administrative process 
to be anti-competitive.
(6)  In the case of semi-conductor technology, a 
compulsory license may be granted only in the 
cases set out in paragraph (5) of this Article.
(7)  A compulsory license shall be transferred only 
with the production plant or the part thereof 
respectively, in which the invention it is granted 
for has been exploited.
(8)  A compulsory license according to paragraphs (3) 
and (4) of this Article shall be non- transferable 
except together with a transfer of the second 
patent or a protected plant variety.
Conditions applicable to the grant of a compulsory 
license
Article 105
(1)  A compulsory license may be granted only if the 
person filing the request has made efforts to obtain 
authorisation from the holder of a patent to exploit 
a protected invention on reasonable commercial 
terms and conditions and if such efforts have not 
been successful within a reasonable period of 
time. 
(2)  The court referred to in Article 103 paragraph (1) 
of this Act may derogate from these conditions in 
the situations set out in Article 104 paragraph (5) 
of this Act. 
(3)  The right holder shall be informed of the granting 
of a compulsory license as soon as possible. 
(4)  A compulsory license cannot be exclusive, and its 
scope and duration shall be exclusively limited to 
the purpose for which it was granted.
(5)  A compulsory license shall be granted 
predominantly for the purposes of supplying the 
domestic market unless it is necessary to correct 
a practice determined by judicial or administrative 
process to be anti-competitive.
(6)  Upon reasoned request by an interested person, 
subject to adequate protection of the legitimate 
interests of the licensees, the court referred 
to in Article 103 paragraph (1) of this Act shall 
cancel a compulsory license, if and when the 
circumstances which led to its authorisation cease 
to exist and are unlikely to recur.
(7)  The holder of a patent has the right to remuneration 
from a licensee, taking into account the economic 
value of the license and need to correct anti-
competitive practice that can be established by 
agreement or a decision by the court referred to 
in Article 103 paragraph (1) of this Act.Compulsory licenses relating to public health 
problems
 
Article 106
(1)  The court referred to in Article 103 paragraph (1) of 
this Act may grant a compulsory license required 
for the manufacture and sale of a pharmaceutical 
product which is the subject matter of a patent 
or a supplementary protection certificate in 
cases and subject to conditions prescribed by 
the Regulation (EC) No. 816/2006 to any person 
bringing an action, when such product is intended 
for export to importing countries having public 
health problems.
(2)  With an application for the grant of a compulsory 
license referred to in paragraph (1) of this Article, 
the applicant shall communicate the number of the 
granted patent or the supplementary protection 
certificate for the invention which is the subject 
matter of the compulsory license, and the website 
address referred to in Article 10 item 6 of the 
Regulation (EC) No. 816/2006.
(3)  The provisions of the Civil Procedure Act and 
the provisions of this Act relating to compulsory 
licenses shall apply mutatis mutandis to particular 
matters relating to the procedure for the grant 
of a compulsory license, not regulated by the 
Regulation (EC) No. 816/2006.
(4)  The court referred to in paragraph (1) of this 
Article shall notify the Council for Trade-Related 
Aspects of Intellectual Property Rights of the 
World Trade Organization (the Council for TRIPS 
through the intermediary of the Office or the 
European Commission of its final decisions 
relating to the grant of a compulsory license, the 
conditions under which it was granted, as well 
as of its termination and review, indicating the 
data prescribed by Article 12 of the Regulation 
(EC) No. 816/2006. A copy of this notification 
shall be communicated by the Office to customs 
authorities and to the authority competent for 
medicines and medicinal products in the Republic 
of Croatia.
PART NINE
TRANSFER OF RIGHTS
Transfer of rights
Article 107
(1)  A patent may be the subject of a transfer, complete 
or in part.
(2)  The contract on the transfer of a patent shall be 
concluded under the conditions and in a manner 
as prescribed by the provisions of general 
regulations governing obligatory relations.
(3)  The contract on the transfer of a joint patent shall 
require the consent of all the holders thereof.29(4)  The provisions of this Article shall also apply 
mutatis mutandis to the transfer of the right 
conferred by a patent application, utility model 
and supplementary protection certificate.
(5)  The transfer of rights shall take effect against 
third parties from the date of being entered in an 
appropriate register referred to in Article 20 of this 
Act.
License
Article 108
(1)  The right to exploit the invention protected by a 
patent shall be assigned by a license contract.
(2)  The license may be exclusive or non-exclusive.
(3)  The license contract shall be concluded in 
writing, under the conditions and in a manner 
as prescribed by the provisions of general 
regulations governing obligatory relations.
(4)  The conclusion of the license contract on a joint 
patent shall require the consent of all the holders 
thereof.
(5)  The provisions of this Article shall also apply 
mutatis mutandis to the rights conferred by a patent 
application, utility model and supplementary 
protection certificate.
(6)  A license shall have effect against third persons 
from the date of its entry in the register.
Entry of transfer of rights and of a license into a 
register
Article 109
(1)  Upon request of a holder of a patent or a person 
who acquires a patent, or any of the parties, 
the Office shall enter the changes on a patent 
concerning the transfer of rights and license 
referred to in Articles 107 and 108 of this Act into 
an appropriate register referred to in Article 20 of 
this Act provided that:
1. the administrative fee and procedural charges 
are paid;
2. a contract or a deed to prove legal basis of the 
change requested to be entered is submitted, 
translated into Croatian; and
3. a proper power of attorney is submitted, if the 
procedure for the entry is initiated through a 
representative, and if the information on the 
holder of a patent is changed with entering 
the transfer of rights.
(2)  The original or a certified copy of the contract or 
the deed referred to in paragraph (1) item 2 of this 
Article shall be submitted completely or in part 
clearly showing the change was made.
(3)  If entering of the transfer of rights into the register 
results in changing the information on the 
holder of a patent who shall be represented by 
a representative within the meaning of Article 17 
paragraph (1) of this Act, a power of attorney shall be submitted for a new holder of a patent.
(4)  If the requirements for entering the changes on a 
patent prescribed by this Article are not fulfilled, 
the Office shall invite the applicant by a conclusion 
to remedy the deficiencies within two months 
upon receipt of the conclusion.
(5)  If a deficiency is not remedied within the prescribed 
time limit, the Office shall issue a corresponding 
decision on the request.
(6)  If the requirements referred to in this Article 
are fulfilled, the Office shall issue a decision on 
entering the changes into a register and publish 
the change in the official gazette of the Office.
(7)  The request referred to in paragraph (1) of this 
Article shall be filed via the form the content and 
the layout of which, as well as the information to 
be published in the official gazette of the Office 
shall be defined by the Head of the Office in the 
Regulations.
Entry of rights in rem
Article 110
(1)  A patent may be the subject of a lien or other rights 
in rem.
(2)  Upon request of one of the parties, the rights 
referred to in paragraph (1) of this Article shall be 
entered in a corresponding register referred to in 
Article 20 of this Act, and they shall have effect 
against third parties as of the date of their entry 
in the register.
(3)  The provisions of this Article shall also apply 
mutatis mutandis to the rights conferred by a patent 
application, utility model and supplementary 
protection certificate.
Entry of bankruptcy and pre-bankruptcy  
proceedings
Article 111
 Where a patent application, a patent, a utility 
model or a supplementary protection certificate 
forms part of a bankruptcy estate, the information 
on the institution of the bankruptcy or pre-
bankruptcy proceedings shall be entered in a 
corresponding register referred to in Article 20 of 
this Act pursuant to special regulations, on the 
basis of a notification by a competent authority or 
upon request of the bankruptcy estate manager.
PART TEN
NULLITY
Reasons for the declaration of nullity of a patent
Article 112
 A patent may be declared null and void in part or 
completely at any time, on the proposal of any 30legal or natural person or a State Attorney or ex 
officio, if the patent has been granted:
1. for the subject matter which may not be 
protected by a patent within the meaning of 
Article 6, paragraph (2) and Articles 8 and 9 
of this Act;
2. for an invention which was not new within the 
meaning of Article 10 or did not include an 
inventive step within the meaning of Article 
12 or for an invention which is not industrially 
applicable within the meaning of Article 13 
of this Act on the filing date of the patent 
application or on the date of the granted 
priority respectively;
3. for an invention which is not disclosed in a 
manner sufficiently clear and detailed for it to 
be carried out by a person skilled in the art;
4. for the subject-matter extending beyond 
the content of the patent application as filed 
or, if the patent was granted on a divisional 
application beyond the content of the original 
application as filed; and
5. on behalf of a person not entitled to the patent 
protection for the invention.
Proposal for the declaration of nullity of a patent
Article 113
(1)  The procedure concerning the declaration of 
nullity of a patent shall begin by filing a written 
proposal with the Office.
(2)  The applicant shall pay the administrative fee 
and procedural charges concerning the proposal 
referred to in paragraph (1) of this Article.
(3)  The proposal referred to in paragraph (1) of this 
Article shall contain the indication requesting 
a patent to be declared null and void, the data 
concerning the applicant, the holder of the patent, 
the number of the patent, the power of attorney 
if the procedure for entry is initiated through a 
representative, the reasons for the proposal of 
the declaration of nullity of the patent supported 
by necessary facts and evidence.
(4)  The provisions of this Act referring to the 
procedure concerning the proposal to declare a 
patent null and void shall apply mutatis mutandis 
to the declaration of nullity of a utility model and 
to the declaration of nullity of a supplementary 
protection certificate.
Examination of the proposal for the declaration  
of nullity of a patent
Article 114
(1)  If the Office establishes in the examination 
procedure concerning the proposal for the 
declaration of nullity of a patent that it is not 
drafted in compliance with the provision referred 
to in Article 113 of this Act, the Office shall order the applicant by a conclusion to correct the 
deficiencies within two months upon receipt of 
the conclusion.
(2)  If the applicant does not correct the proposal 
within the time limit specified in paragraph (1) of 
this Article, the Office shall reject the proposal by 
a decision.
(3)  Upon a reasoned request, the Office may extend 
the time limits referred to in this Article for a period 
it considers to be justified, but which shall not 
exceed two months.
Procedure for the declaration of nullity of a patent
Article 115
(1)  The Office shall communicate the correct proposal 
for the declaration of nullity of a patent referred to 
in Article 113 of this Act to the holder of a patent 
and shall invite him to submit his response within 
a period which shall not be less than one month 
nor exceeding two months upon receipt of the 
conclusion and to amend, where applicable, a 
description, claims and drawings.
(2)  In the course of the procedure concerning the 
declaration of nullity of a patent, the Office shall 
invite the parties as many times as necessary to 
submit their comments on the submissions of 
the other party within the period referred to in 
Article 114 paragraph (1), and all invitations and 
responses thereto shall be communicated to all 
parties in the procedure.
(3)  n the procedure concerning the declaration 
of nullity of a patent, the Office shall examine 
the reasons stated by the applicant within the 
meaning of Article 113 paragraph (3) of this Act, 
but it may also examine other reasons ex officio 
not invoked by the applicant if such reasons would 
put patent maintenance into question.
(4)  If the Office establishes in the course of the 
procedure that the proposal is unfounded, it shall 
issue a decision on refusing the proposal for the 
declaration of nullity of a patent.
(5)  If the Office establishes that there is but one reason 
referred to in Article 112 of this Act, the Office shall 
issue a decision on declaring a patent null and 
void.
(6)  If the Office establishes that a patent is to be 
maintained valid but amended, it shall first notify 
the parties in the procedure thereon and invite 
them to submit their reasoned observations on 
the content of claims on the basis of which it 
intends to maintain the patent valid within a period 
referred to in paragraph (1) of this Article, if they 
disapprove of it. If the parties disapprove of such 
text, the Office may continue the procedure for 
the declaration of nullity of a patent.
(7)  If the parties approve of the text on the basis of 
which the Office intends to maintain the patent 
valid or if they fail to reply to the invitation referred 
to in paragraph (6) of this Article, the Office shall 31issue a decision on partial declaration of nullity of a 
patent maintaining an amended patent, provided 
that the holder of a patent of the patent pays the 
administrative fee and procedural charges for 
printing a new patent specification within two 
months upon receipt of the conclusion.
(8)  If the holder of a patent fails to pay the fee and 
procedural charges referred to in paragraph (7) of 
this Article, the Office shall declare the patent null 
and void within the limits of the proposal referred 
to in Article 113 paragraph (3) of this Act.
(9)  Upon a reasoned request by the applicant, 
the Office may extend the time limits referred 
to in paragraph (1) of this Article for a period 
it considers to be justified, but which shall not 
exceed two months.
(10)  The Office may hold oral proceedings, if it 
considers it necessary in order to establish the 
facts essential for its decision.
Procedure for the declaration of nullity of a 
supplementary protection certificate 
Article 116
 The Office may initiate the procedure ex officio 
to declare a supplementary protection certificate 
null and void pursuant to Article 15 paragraph 
(1) items (b) and (c) of the Regulation (EC) No. 
469/2009 and the Regulation (EC) No. 1610/96. 
Declaration of nullity ex officio
Article 117.
(1)  If the applicant of the proposal for the declaration 
of nullity withdraws the proposal in the course 
of the procedure, the Office may continue the 
procedure ex officio.
(2)  The provision referred to in paragraph (1) of this 
Article applies mutatis mutandis where the holder 
of a patent has surrendered the patent or the 
patent has lapsed.
Effect of a decision concerning the declaration of 
nullity of a patent
Article 118
 The patent application and the patent granted 
thereon shall not have ab initio the effects 
specified in Articles 93 to 95 of this Act, to the 
extent that the patent has been declared null and 
void.
Publication and issuing an amended patent 
specification
Article 119
(1)  The Office shall enter the information on declaring 
a patent null and void in a register referred to in 
Article 21 of this Act and publish it in the official 
gazette of the Office upon a decision referred to in Article 115 paragraph (5) of this Act becoming 
final.
(2)  If a patent is maintained as amended, the Office 
shall publish a new patent specification together 
with issuing a decision referred to in Article 115 
paragraph (7) of this Act.
(3)  The Head of the Office shall define by the 
Regulations the content of the information referred 
to in paragraph (1) of this Article to be published 
in the official gazette of the Office.
Deciding on  costs of the parties in proceeding with 
two or more parties
Article 120
(1)  Any party in the procedure concerning a proposal 
for the declaration of nullity of a patent shall bear 
his costs in case of completing the procedure:
1. by rejecting the proposal for the declaration 
of nullity of a patent;
2. by suspending the procedure concerning the 
proposal; or
3. by partial adoption of the party’s request. 
(2)  If the procedure concerning the proposal referred 
to in Article 113 of this Act is completed by a 
decision on declaring a patent null and void or 
on rejecting the proposal for the declaration of 
nullity of patent, procedural costs shall be borne 
by the party who received an unfavourable court 
decision.
(3)  The procedural costs shall be decided upon by a 
decision completing the procedure.
PART ELEVEN
EUROPEAN PATENT APPLICATION AND 
EUROPEAN PATENT
Filing a European patent application
Article 121
(1)  The European patent application may be filed 
with the Office in any of the languages referred 
to in Article 14, paragraphs 1 and 2 of the EPC 
in one copy directly, by post or electronically, in 
accordance with the provisions of the EPC and 
the related implementing regulations.
(2)  A European divisional patent application shall be 
filed directly with the EPO.
(3)  The application referred to in paragraph (1) of this 
Article relating to an invention of possible interest 
for defence affairs of the Republic of Croatia shall 
not be transmitted to the EPO and it shall be 
subject to the rules regulating treatment of patent 
granting procedures for inventions of interest to 
the affairs of defence.32Fees and procedural charges for European patent 
applications
Article 122
 The fees and procedural charges payable in 
respect of European patent applications shall be 
paid in accordance with the provisions of the EPC 
and the related implementing regulations.
Effects of European patent applications
Article 123
(1)  A European patent application claiming protection 
of an invention designating the Republic of Croatia 
and which has been accorded a filing date shall 
be equivalent to a national patent application, 
with the priority claimed for the European patent 
application, where granted, whatever its outcome 
may be.
(2)  A published European patent application filed for 
protection of an invention designating the Republic 
of Croatia shall provisionally confer protection 
as conferred by a published national patent 
application under Article 95 of this Act, from the 
date on which the applicant has communicated a 
translation of the claims of a published European 
patent application into Croatian to the person 
using the invention in the Republic of Croatia.
(3)  The European patent application shall be deemed 
not to have had ab initio the effects referred to 
in paragraph (2) of this Article, if it has been 
withdrawn, deemed to be withdrawn, finally 
refused or if the designation of the Republic 
of Croatia has been withdrawn or is deemed 
withdrawn.
Effects of European patents
Article 124
(1)  A European patent claiming protection of an 
invention designating the Republic of Croatia 
shall, subject to the conditions laid down in 
paragraphs (2) to (5) of this Article, confer from 
the date of publication of the mention of its grant 
by the EPO the same rights as would be conferred 
by a national patent granted under this Act.
(2)  The Office shall issue a decision on the entry 
of a European patent in the Register of Patents 
referred to in Article 21 of this Act provided that 
the European patent owner pays within three 
months upon the date of publishing the grant by 
the EPO the administrative fee for the request for 
entry and the procedural charges for publication 
and printing of translation of European claims into 
Croatian in accordance with a special regulation 
and files the following documents with the Office:
1. a request for entry of the European patent 
into the Register of Patents on a prescribed 
form;
2. a patent specification of the European patent in English, or a translation of such 
specification into English unless the language 
of the proceedings was English;
3. a translation of the claims into Croatian; and
4. payment evidence of the administrative fee 
for the request for entry and the procedural 
charges for publication and printing of 
translations of the claims of the European 
patent into Croatian in accordance with a 
special regulation.
(3)  If, as a result of an opposition filed with the EPO, 
the European patent is maintained with the 
amended claims, or is limited by the amendment 
of the claims as a result of a request for limitation, 
the owner of the European patent shall furnish the 
Office with a translation of the amended claims 
into Croatian and English, and shall pay the 
procedural charges for publication and printing of 
translations of amended claims of the European 
patent into Croatian, within 3 months from the date 
of publication of the EPO decision concerned, in 
accordance with a special regulation.
(4)  The Office shall publish as soon as possible 
the mention of any translation duly filed under 
paragraph (2) or (3) of this Article in its official 
gazette.
(5)  If the request and the translations referred to in 
paragraphs (2) and (3) of this Article are not filed 
in the prescribed time-limit or the prescribed 
administrative fee and procedural charges for 
publication are not paid within the same time-
limit, the European patent shall be deemed to be 
void ab initio for the Republic of Croatia or shall 
be deemed that the European patent application 
and the patent conferred on it have not, ab initio, 
produced the effects referred to in paragraph (1) of 
this Article and Article 123 of this Act, to the extent 
that the patent has been revoked or limited in the 
opposition proceedings, limitation proceedings 
or revocation porceedings before the EPO.
(6)  The Head of the Office shall define by the 
Regulations the content of the form referred to in 
paragraph (2) item 1 of this Article and the content 
of the information referred to in paragraph (4) of 
this Article to be published in the official gazette 
of the Office.
Authentic text of European patent applications and 
European patents
Article 125
(1)  The text of a European patent application or a 
European patent established in the language 
of the proceedings before the EPO shall be the 
authentic text in any proceedings in the Republic 
of Croatia.
(2)  Where the translation referred to in Article 123 
paragraph (2) or Article 124 of this Act confers 
protection narrower than that conferred by a 
European patent application or a European 33patent, such translation shall be regarded as 
authentic, except in the procedures concerning 
the declaration of a patent null and void.
(3)  An applicant for or the owner of a European patent 
may file a corrected translation referred to in Article 
123 paragraph (2) or Article 124 of this Act at any 
time.
(4)  The corrected translation of the claims of a 
published European patent application referred 
to in Article 123 paragraph (2) of this Act shall not 
have any legal effects in the Republic of Croatia 
until it has been communicated to the person 
using the invention in the Republic of Croatia.
(5)  The corrected translation of claims referred to in 
Article 124 of this Act designating the Republic 
of Croatia shall not have any legal effect, until 
the Office has published the mention of the 
correction, as soon as possible after payment 
of the procedural charges prescribed for the 
publication.
(6)  Any person who, in good faith, uses or has made 
effective and serious preparations for using an 
invention, the use of which would not constitute 
infringement of a European patent application 
or a European patent in the original translation 
may, after the corrected translation takes effect, 
continue such use in the course of his business 
or for the needs thereof without payment.
Rights of earlier date
Article 126
(1)  In the Republic of Croatia, a European patent 
application and a European patent designating 
the Republic of Croatia shall have, with regard to 
a national patent application and a national patent, 
the same state of the art effect as a national patent 
application and a national patent.
(2)  In the Republic of Croatia, a national patent 
application and a national patent shall have, with 
regard to a European patent designating the 
Republic of Croatia, the same state of the art effect 
as they have with regard to a national patent.
Simultaneous protection
Article 127
 Where a European patent designating the 
Republic of Croatia and a national patent having 
the same filing date or, where priority has been 
claimed, the same priority date, has been granted 
to the same person or his successor in title, the 
national patent shall have no effect to the extent 
that it covers the same invention as the European 
patent designating the Republic of Croatia from 
the date on which the time limit for filing an 
opposition to the European patent has expired 
without an opposition having been filed, or from 
the date on which the opposition procedure 
has resulted in a final decision maintaining the European patent.
Conversion into a national patent application
Article 128
(1)  The Office shall carry out a procedure for the 
grant of a national patent upon the request of an 
applicant for a European patent in the following 
cases:
1. where the European patent application is 
deemed to be withdrawn under Article 77, 
paragraph (3) of the EPC; or
2. where the translation of a European patent 
application referred to in Article 14 paragraph 
2 of the EPC has not been filed in due time in 
accordance with the provision of Article and 
Article 90, paragraph (3) of the EPC.
(2)  In the case referred to in paragraph (1) item 
1 of this Article, a request for conversion of a 
European patent application into a national patent 
application shall be filed with the Office. The 
Office shall, subject to the provisions on national 
security, transmit the request directly to the central 
industrial property offices of the Contracting 
States specified therein.
(3)  In the cases referred to in paragraph (1) item 
2 of this Article, a request for conversion of a 
European patent application into a national patent 
application shall be filed with the EPO, which shall 
transmit it to the Office, if the Republic of Croatia 
is specified therein.
(4)  A request for conversion of a European patent 
application into a national patent application shall 
be filed within the time limit prescribed by the EPC, 
and the effects of the European patent application 
referred to in Article 123 of this Act shall lapse if 
the request for conversion is not filed in due time.
(5)  Within two months upon receipt date of the request 
for conversion of a European patent application 
to a national patent application, the applicant 
shall pay the prescribed administrative fee and 
procedural charges for filing an application in 
accordance with special regulations, and shall file 
with the Office the translation of the original text 
of the European patent application into Croatian.
(6)  If the administrative fee and procedural charges 
have not been paid in due time, or if the translation 
of the original text of the European patent 
application into Croatian is not filed in due time, 
the request for conversion shall be deemed not to 
be filed, concerning which the Office shall issue a 
corresponding decision.
(7)  The mention of conversion shall be published in 
the official gazette of the Office, and the Head 
of the Office shall define by the Regulations the 
content of the publication of this information.34Renewal fees for European patents
Article 129
(1)  Renewal fees for European patents shall be paid 
to the Office for the years following the year in 
which the mention of the grant of the European 
patent was published in accordance with special 
regulations, whereby Article 141 paragraph (2) of 
the EPC shall be applied.
Dispositions of European patent applications and 
European patents
Article 130
 The provisions referred to in Part Nine of this Act 
and the provisions of this Act on compulsory 
licences shall also apply to European patents with 
effect in the territory of the Republic of Croatia.
Protection against infringement
Article 131
 The provisions of this Act on the protection of 
patents in the case of infringement shall apply 
to European patent applications and European 
patents designating the Republic of Croatia.
Declaration of nullity of the European patent
Article 132
(1)  Subject to the provisions referred to in Article 138 
of the EPC, and the provisions referred to in Article 
112 of this Act, respectively, a European patent 
may be declared null and void in the procedure 
before the Office in accordance with the provisions 
of this Act, with the effect for the Republic of 
Croatia.
(2)  In the procedure for the declaration of nullity of 
a European patent before the Office, the holder 
of a patent may limit the patent by amending the 
claims, and the procedure for the declaration of 
nullity shall be conducted on the basis of thus 
limited patent.
(3)  If a request for the declaration of nullity of a 
European patent is filed with the Office after the 
initiation of the opposition procedure before the 
EPO referred to in Article 99 of the EPC or the 
procedure concerning a request for limitation or 
revocation referred to in Article 105a of the EPC, 
the Office shall stay the procedure concerning 
a request for the declaration of nullity up to the 
termination of the mentioned procedures before 
the EPO.
Application of EPC
Article 133
 This Act shall apply to the European patent 
applications and European patents, which have, 
in accordance with the provisions of EPC and this Act, effect in the Republic of Croatia, unless 
provided otherwise by the EPC.
PART TWELVE
INTERNATIONAL APPLICATION UNDER THE PCT
International application
Article 134
 The provisions of the PCT , this Act, and a 
regulation enacted by virtue of this Act shall apply 
to international applications filed with the Office 
as the receiving office, or in which the Office is 
indicated as a designated or elected office.
International application filed with the Office  
as the receiving office
Article 135
(1)  An international application may be filed with 
the Office as the receiving office if the applicant 
is a Croatian national or domiciled or having 
its principal industrial or commercial place of 
business in the Republic of Croatia.
(2)  The filing of the international application referred 
to in paragraph (1) of this Article shall be subject 
to the payment of the prescribed administrative 
fee and procedural charges for its transmittal to 
the International Bureau, within one month upon 
receipt of the international application at the 
Office.
The manner of filing an international application  
with the Office as the receiving office
Article 136
(1)  An international application shall be filed with the 
Office as the receiving office in writing in one copy, 
directly, by post or electronically in English or in 
Croatian.
(2)  If the international application is filed in Croatian, 
the applicant shall file a translation of the 
international application into English within one 
month upon receipt of such application at the 
Office.
(3)  The fees prescribed by the Regulations according to 
the PCT and the fees prescribed by the Agreement 
between the EPO and the International Bureau 
of the World Intellectual Property Organization 
shall be paid to the account prescribed by the 
Regulations referred to in paragraph (5) of this 
Article within one month upon receipt of the 
international application.
(4)  International search and international preliminary 
examination of international applications filed 
with the Office as the receiving office shall be 
conducted by the EPO.
(5)  The Head of the Office shall define by the 35Regulations the details of technical prerequisites 
for filing an application and for payment method of 
the fees referred to in paragraph (3) of this Article.
International application filed with the Office as the 
designated or elected office
 
Article 137
(1)  An international application in which the Republic 
of Croatia is designated or elected, in compliance 
with the provisions of the PCT , for the grant of a 
national patent, shall, subject to payment of the 
administrative fee and procedural charges, be 
filed with the Office in Croatian not later than up 
to the expiration of a period of 31 months from the 
international filing date or priority date respectively, 
if priority is claimed in the international application 
in compliance with Article 8 of the PCT .
(2) If the claims are amended in accordance with 
Article 19 of the PCT , the international application 
referred to in paragraph (1) of this Article shall 
contain thus amended claims and a translation of 
the statement referred to in Article 19 of the PCT .
(3)  If the international application is amended in 
accordance with Article 34 of the PCT and if 
the international preliminary examination report 
contains annexes with the amendments made, the 
international application referred to in paragraph 
(1) of this Article shall be in compliance with 
the annexes to the international preliminary 
examination report.
(4)  The provisions of this Act referring to the granting 
procedure initiated by a regular national patent 
application shall also apply mutatis mutandis 
to the international application referred to in 
paragraph (1) of this Article.
(5)  The international application referred to in 
paragraph (1) of this Article shall be published 
in the official gazette of the Office in a manner 
provided for in Article 59 of this Act not later than 
six months upon the filing date.
(6)  The provisional rights provided for under 
the provisions of Article 95 of this Act for the 
international applications referred to in paragraph 
(1) of this Article shall be effective as of the date 
of publication of the translation into Croatian.
(7)  The request for substantive examination of the 
international application referred to in paragraph 
(1) of this Article may be filed within 6 months 
upon publication of the application in the official 
gazette of the Office.
(8)  An international application published under 
Article 21 of the PCT shall not be considered state 
of the art under Article 10, paragraph (3) of this 
Act as long as the conditions set out in paragraph 
(1) of this Article have not been met.PART THIRTEEN
CIVIL PROTECTION
Persons entitled to claim the protection of rights
Article 138
(1)  In addition to the right holder, the licensee may 
also claim the protection of the rights referred to 
in this Act to the extent that he is entitled thereto 
on the basis of a legal transaction or the law.
(2)  The applicant and the exclusive licensee may 
claim the protection of rights referred to in 
paragraph (1) of this Article upon publication of 
the application.
(3)  The utility model holder is not entitled to claim the 
protection of rights referred to in paragraph (1) of 
this Article. 
Claim for the establishment of the right to patent 
protection
Article 139
(1)  The inventor or his successor in title shall be 
entitled to file a legal action with the competent 
court, to request the establishment of the right 
to the patent protection of the invention, if a 
patent application has been filed by a person not 
entitled to such right or, in case of a jointly created 
invention, by the person who is not the sole person 
entitled to such right.
(2)  Instead of the person or together with the person 
entered in the register as the right holder, the 
inventor or his successor in title shall be entitled 
to file a legal action with the competent court, to 
request the establishment of the right to the patent 
protection of the invention against the person 
entered in the register as the right holder by a 
patent granting decision.
(3)  The legal action referred to in paragraph (1) of this 
Article may be brought up until the decision on 
the grant of a patent is made, and the legal action 
referred to in paragraph (2) of this Article may be 
brought up until expiry of the patent.
(4)  The inventor or his successor in title respectively, 
whose right to the grant of patent protection for 
the invention has been established by a final court 
decision, shall be entitled to resume the procedure 
for the grant of a patent within three months from 
the date the court decision becomes final.
(5)  The inventor or his successor in title respectively, 
whose right to the grant of patent protection for 
the invention has been established by a final court 
decision, may at any time request from the Office 
to enter his name into the patent application and 
all the documents issued for a patent as well as 
in the appropriate Office registers.36Claim due to the infringement of the inventor’s  
moral right
Article 140
(1)  The inventor shall be entitled through a legal action 
before the court to claim the entry of his name 
into the patent application and all the documents 
issued for a patent as well as in the appropriate 
Office registers, if the person mentioned as such 
in the application is not the inventor or the inventor 
is not indicated.
(2)  Where a person who is not the inventor is entered 
as such in the application and/or documents 
issued for a patent and/or in the Office registers, 
a legal action shall be instituted against such 
person; and if the inventor is not entered, a legal 
action shall be instituted against the Office.
(3)  The right to the claim referred to in paragraph (1) 
of this Article shall also belong to the inventor of 
the joint invention.
(4)  There shall be no time limit for an action referred 
to in paragraph (1) of this Article. After the death 
of the inventor the right to an action shall belong 
to his heirs.
Claims due to the infringement of a patent
Article 141
(1)  The holder of a patent may institute a legal 
action against any person who has infringed a 
patent by performing without authorisation any 
of the acts referred to in Article 93 paragraphs 
(2) and (3) and Article 94 of this Act, claiming 
establishment of the infringement, termination of 
the infringement or prohibition of such and similar 
future infringements.
(2)  The holder of a patent may institute a legal action 
against any person who has by performing any 
of the acts without authorisation caused a serious 
threat that his patent might be infringed, claiming 
desistance from the act concerned and prohibition 
of the infringement of the patent.
(3)  The claims referred to in paragraphs (1) and 
(2) of this Article may also be made against an 
intermediary who renders services used by a third 
party in the acts infringing a patent or threatening 
to infringe it.
Claim for seizure and destruction of  
infringing objects
Article 142
(1)  The holder of a patent may institute a legal action 
against any person who has infringed a patent 
by performing without authorisation any of the 
acts referred to in Article 93 paragraphs (2) and 
(3) of this Act, claiming that the court orders for 
the products resulting from or acquired by the 
infringement of a patent, and the objects used 
in the manufacture of the products infringing the patent be removed from the market, seized or 
destroyed.
(2)  The court shall order the measures referred to in 
paragraph (1) of this Article at the expense of the 
defendant, unless there are special reasons for 
not deciding so.
(3)  When ordering the measure referred to in 
paragraph (1) of this Article, the court shall take 
due care that they are proportionate to the nature 
and seriousness of the infringement.
(4)  Ordering the measures referred to in paragraph 
(1) of this Article shall not prejudice the patent 
holder’s right to the damages incurred by the 
infringement of a patent.
Claim for damages, usual compensation and  
unjust enrichment
Article 143
(1)  The holder of a patent may take a legal action 
against any person who knew or must have 
known to participate in illegal performing of an act 
referred to in Article 93 paragraphs (2) and (3) and 
Article 94 of this Act, claiming damages pursuant 
to the general rules on legal redress laid down in 
this Act.
(2)  The holder of a patent may take a legal action 
against any person who knew or must have 
known to participate in illegal performing of an 
act referred to in Article 93 paragraphs (2) and (3) 
and Article 94 of this Act, and has benefited from 
it, claiming the recovery or compensation of such 
benefits pursuant to the general rules on unjust 
enrichment.
(3)  The claims referred to in paragraphs (1) and (2) 
shall not be mutually excluding.
(4)  When determining the amount of damages, 
the court shall take into consideration all the 
corresponding factors, such as negative economic 
consequences, including lost profit suffered 
by the injured party, any unfair gain earned by 
the infringer and, when deeming it appropriate, 
elements that are not economic factors, such as 
non-material damage incurred to the holder of a 
patent by illegal committing of an act referred to 
in Article 93 paragraphs (2) and (3) and Article 94 
of this Act.
(5)  Instead of determining the amount of damages 
referred to in paragraph (4) of this Article, the court 
may, when deeming it appropriate, determine 
the amount of damages against the infringer 
who knew or must have known to participate in 
illegal committing of an act referred to in Article 
93 paragraphs (2) and (3) and Article 94 of this 
Act in the amount of compensation that might be 
required in such circumstances if the infringer 
requested approval to use a patent.37Claim for damages due to infringement of the rights 
conferred by a patent application
Article 144
 The patent applicant may institute a legal action 
against any person who has within the period from 
the date of publication of the patent application 
and the date of publication of the mention of the 
grant of the patent infringed the provisional rights 
conferred by a patent application by performing 
without authorisation any of the acts referred to 
in Article 93 paragraphs (2) and (3) and Article 
94 of this Act, claiming damages pursuant to the 
general rules on legal redress.
Claim for publication of the judgement
Article 145
(1)  The holder of a patent may claim that the final 
judgment entirely or partially upholding the 
claim for protection of the patent in the case of 
infringement is published in the means of public 
communication at the expense of the defendant.
(2)  The court shall decide, within the limits of the 
claim, on the means of public communication 
in which the judgment shall be published, and 
whether it shall be published entirely or partially.
(3)  If the court decides that only a part of the judgment 
shall be published, it shall order, within the limits 
of the claim, that at least the dispositive part of 
it is published and, if necessary, the part of the 
judgement specifying the infringement concerned 
and the person having committed it.
Burden of proof
Article 146
(1)  In civil proceedings for infringement of a patent-
protected process for obtaining a new product, it 
is considered that any identical product that was 
manufactured without the consent of the holder 
of a patent was obtained by the patent-protected 
process.
(2)  In the absence of evidence to the contrary, a 
protected product will be deemed to have been 
obtained if the product is new or it is likely that the 
product was obtained by the protected process 
and that the holder of a patent could not, despite 
reasonable effort, determine the process actually 
used. The likelihood of a product obtained by 
a protected process exists especially when the 
protected process is the only known process.
(3)  The burden of proof shall be on the defendant 
manufacturing such a product, taking into 
consideration his legitimate interests to protect 
his industry and trade secrets.Claim for provision of information
Article 147
(1)  The holder of a patent who has instituted civil 
proceedings for the protection of the patent in the 
case of infringement may claim the provision of 
information on the origin and distribution channels 
of the goods or services infringing his patent.
(2)  The claim referred to in paragraph (1) of this 
Article may be made against a person who has 
been sued in the civil proceedings referred to 
in paragraph (1) of this Article in the form of a 
separate legal action or as a manifestation request 
in a gradual legal action.
(3)  The claim referred to in paragraph (1) of this Article 
may also be made against:
1. a person who is within her/his economic 
activities in possession of the goods 
suspected of infringing a patent;
2. a person who uses, within her/his economic 
activities, services suspected of infringing a 
patent;
3. a person who provides, within her/his 
economic activities, services used in the 
activities suspected of infringing a patent; or
4. a person who is indicated by any of the 
mentioned persons referred to in paragraph (2) 
of this Article, or items 1 to 3 of this paragraph 
as being involved in the manufacture or 
distribution of the goods or the provision of 
the services suspected of infringing a patent.
(4)  The claim referred to in paragraph (1) of this 
Article 1 shall be made as a separate claim or as 
a manifestation request in a gradual legal action 
against the mentioned persons as co-litigants 
against the person sued in the civil proceedings 
referred to in paragraph (1) of this Article.
(5)  The claim for information on the origin of the 
goods and distribution channels of the goods or 
services referred to in paragraph (1) of this Article 
may include in particular:
1. information on the names and addresses of 
the producers and distributors, suppliers and 
other previous holders of the goods, as well 
as the intended wholesalers and retailers; 
and/or
2. information on the quantities of the goods 
produced, made, delivered, received or 
ordered, as well as the price obtained for the 
goods concerned.
(6)  The person required to provide the information 
referred to in paragraph (2) or paragraph (3) of 
this Article may refuse to provide such information 
on the same grounds as those allowing the refusal 
to present evidence as a witness pursuant to the 
provisions of the general regulation governing civil 
proceedings.
(7)  If the person required to provide the information 
referred to in paragraph (2) or paragraph (3) of 38this Article refuses to provide information without 
justified reasons, she/he shall be responsible for 
the damage incurred, pursuant to the provisions 
of the general regulation governing obligatory 
relations.
(8)  The provisions of this Article shall be without 
prejudice to the provisions on the manner of use 
of confidential information in civil and criminal 
proceedings, the provisions regulating the 
responsibility for misuse of the right to acquire 
information, and the provisions regulating the 
processing and protection of personal data.
Taking of evidence in the course of the civil 
proceedings
Article 148
(1)  Where a party to the civil proceedings invokes a 
determined or determinable document or other 
evidence claiming that it lies with the opposing 
party or a third party or is available to them, the 
court shall invite these parties to present such 
documents or evidence within a specified time 
limit.
(2)  In a proposal to submit evidence, a party must 
make it probable that the evidence is with or 
available to another party or third party, and if the 
proposer is the plaintiff, he must also make his 
claim probable.
(3)  Where the holder of a patent as a plaintiff in a 
legal action claims that the infringement of a 
patent has been committed on a commercial 
scale for the purpose of acquiring commercial 
or economic benefit, and has made it likely 
during the proceedings, and where he invokes 
in the proceedings banking, financial or similar 
economic documents, papers or the like evidence, 
claiming that they lie with the opposing party 
or under its control, the court shall invite the 
opposing party to present such evidence within 
a specified time limit.
(4)  Before making a decision ordering the other party 
or third party to submit evidence, the court will 
invite them to make observations thereon.
(5)  Where the party or a third party, which is invited 
to present evidence, denies that the evidence 
lies with it or is available to it, the court may take 
evidence to establish such a fact.
(6)  The provisions of the general regulation governing 
civil proceedings relating to the right of refusal to 
present evidence as a witness shall apply mutatis 
mutandis to the right of the party to refuse to 
present evidence.
(7)  In deciding on a proposal to disclose evidence, 
the court will consider and evaluate the interests 
of the party seeking the submission of evidence 
in relation to the interests of the other party and 
third parties from whom the evidence is sought, 
taking into account, inter alia, the interests of those 
persons:1. not to disclose any evidence if the related 
facts may also be established on the basis 
of other available evidence;
2. to determine evidence to the extent possible 
considering the circumstances of a case and 
that it is significant for the proceedings;
3. that the scope and costs of their submission 
are not such that they are clearly out of 
proportion to the significance of the facts 
sought; or
4. to protect trade secrets of their own or of 
others.
(8)  The defendant’s interest in avoiding damages, 
or in preventing the plaintiff’s success in the 
proceedings, is not a justifiable reason for denying 
the presentation of evidence that harms him.
(9)  If taking of the evidence referred to in paragraph 
(3) of this Article or the submission of evidence 
pursuant to this Article is related to certain costs 
for a third party, the court shall invite the applicant 
to deposit the costs.
(10)  If the party fails to act according to the court’s 
decision ordering it to submit evidence, the 
court shall, taking into consideration all the 
circumstances of the case, decide at its own 
discretion, on the importance of the fact that 
the party having the evidence refuses to comply 
with the court’s decision ordering it to present 
evidence, or denies, contrary to the court’s 
opinion, that the evidence lies with it. 
(11)  The parties in the proceedings shall not be allowed 
to file an appeal against the decision of the court 
on the proposal to submit evidence.
(12)  On the basis of a decision ordering a third party to 
present evidence, the court shall, upon proposal, 
institute enforcement under the rules of the 
proceedings even before the decision becomes 
final.
(13)  The third party is entitled to reimbursement of the 
justified costs incurred by disclosing the evidence, 
which must be claimed within 15 days upon full 
compliance with the court’s decision.
Provisional measures due to infringement  
of a patent
Article 149
(1)  Upon the request of the holder of a patent who 
makes it likely that his patent has been infringed 
or threatened to be infringed, the court may order 
any provisional measure comprising termination 
or prevention of the infringement, and in particular:
1. order the opposing party to cease or desist 
from, respectively, the acts infringing a patent; 
the court may also issue such order against 
an intermediary whose services are being 
used by a third party to infringe a patent;
2. order the seizure or removal from the market 
of the goods resulted from or acquired by 39the infringement of a patent, and objects 
(implements and tools) predominantly used 
in the creation of the goods infringing a 
patent.
(2)  Upon the request of the holder of a patent 
who makes it likely that his patent has been 
infringed on a commercial scale for the purpose 
of acquiring commercial or economic benefit, 
and that such infringement has threatened to 
cause him irreparable damage, the court may, 
in addition to the provisional measures referred 
to in paragraph (1) of this Article, order the 
seizure of the movable and immovable property 
of the opposing party, not directly related to the 
infringement, including the blocking of his bank 
accounts and other assets.
(3)  For the purpose of ordering and enforcing the 
provisional measure referred to in paragraph 
(2) of this Article, the court may require from the 
opposing party or other relevant persons disposing 
with it the communication of the banking, financial 
and other economic information, or the access to 
other relevant information and documents. The 
court shall ensure the protection of confidentiality 
of such information, and prohibit any misuse 
thereof.
(4)  The provisional measure referred to in paragraph 
(1) of this Article may be ordered without informing 
the opposing party thereof, if the applicant for 
measures makes it likely that otherwise the 
provisional measure would not be effective, or 
that irreparable damage is threatened to occur.
(5)  The provisional measure referred to in paragraph 
(2) of this Article may be ordered without informing 
the opposing party thereof, if the applicant for 
measures makes it likely that otherwise the 
provisional measure would not be effective, or 
that, taking into consideration a very serious 
circumstances of the infringement, this would be 
necessary.
(6)  If a provisional measure is ordered without 
informing the opposing party thereof, the court 
shall communicate a decision on the provisional 
measure to the opposing party, promptly upon its 
enforcement.
(7)  In the decision ordering a provisional measure the 
court shall specify the duration of such measure, 
and, if the measure has been ordered before 
the institution of a legal action, the period, within 
which the applicant for measures shall institute a 
legal action to justify the measure, which shall not 
be less than 20 working days and not more than 
31 calendar days, from the day of communication 
of the decision to the applicant for measures, 
whichever expires later.
(8)  The provisions of this Article shall be without 
prejudice to the possibility to order provisional 
measures pursuant to other provisions of this 
Act, and the provisions of the general regulation 
governing such procedure.Provisional measures comprising the preservation  
of evidence
Article 150
(1)  Upon the request of the holder of a patent who 
makes it likely that his patent has been infringed, 
or threatened to be infringed, the court may 
order a provisional measure comprising the 
preservation of evidence.
(2)  By the provisional measure referred to in 
paragraph (1) of this Article, the court may order 
in particular:
1. preparation of a detailed description of the 
goods made likely to infringe a patent, with 
or without taking of samples;
2. seizure of the goods made likely to infringe 
a patent;
3. seizure of the materials and implements 
used in the production and distribution of the 
goods made likely to infringe a patent and the 
documentation relating thereto.
(3)  The provisional measure referred to in this 
Article may be ordered even without informing 
the opposing party thereof, if the applicant for 
measures makes it likely that there is a risk 
of evidence being destroyed or of irreparable 
damage incurring.
(4)  If a provisional measure is ordered without 
informing the opposing party thereof, the court 
shall communicate a decision on the provisional 
measure to the opposing party, promptly upon its 
enforcement.
(5)  In the decision ordering a provisional measure, the 
court shall specify the duration of the measure, 
and, if the measure has been ordered before 
the institution of a legal action, the period, within 
which the applicant for measures shall institute a 
legal action to justify the measure, which shall not 
be less than 20 working days and not more than 
31 calendar days from the date of communication 
of the decision to the applicant for measures, 
whichever expires later.
(6)  The provisions of this Article shall be without 
prejudice to the possibility of the court to order 
provisional measures comprising the preservation 
of evidence pursuant to the provisions of the 
general regulation governing such procedure.
Fines
Article 151
(1)  The court may impose a fine against a legal 
or a natural person who does not observe any 
measure taken pursuant to Articles 142, 149 and 
150 of this Act.
(2)  Legal persons may be imposed a fine referred to 
in paragraph (1) of this Article in the amount of 
HRK 1,000.00 to 30,000.00.
(3)  If the fine is imposed against a legal person, 40the court shall also impose a fine referred to in 
paragraph (1) of this Article in the amount of 
HRK 5,000.00 to 30,000.00 against responsible 
persons in the legal person if it establishes that 
these persons caused a punishable offence of the 
legal person by acting or failing to act.
(4)  Natural persons may be imposed a fine referred 
to in paragraph (1) of this Article in the amount of 
HRK 1,000.00 to 30,000.00.
(5)  If the person to whom the court threatened with 
a fine in accordance with this Act fails to comply 
with the court’s order, the court shall impose that 
sentence and, if necessary, threaten it with new 
penalties and impose them until that person acts 
on the court’s order.
(6)  If a natural person who has been fined does 
not pay that fine within the time limit set by the 
court’s decision, that sentence will be replaced 
by imprisonment under the rules of criminal law 
on the substitution of a fine by imprisonment. The 
total sum of imprisonment for which a person has 
been fined may not exceed six months in the same 
proceedings.
(7)  Imprisonment imposed pursuant to the provisions 
of this Act shall be executed in the manner 
prescribed for the execution of imprisonment 
imposed in criminal proceedings.
(8)  The court will execute the imposed fine and 
imprisonment ex officio, and the costs of execution 
shall be borne by the state budget.
(9)  The court shall decide on the fine by a decision. 
The decision on punishment may be appealed 
within three days upon delivery of the decision. 
The appeal against the decision on punishment 
is decided by the court of the second instance 
within eight days upon receipt of the appeal.
(10)  The appeal referred to in paragraph (9) of this 
Acrticle shall delay the enforceability of the 
decision.
Expeditious proceedings and application of the 
provisions of other acts
Article 152
(1)  The procedures in litigations concerning the 
infringement of the rights under this Act shall be 
expeditious.
(2)  In litigations concerning the infringement of a 
patent, the time limit for a statement of defence 
shall be eight days upon delivery of the claim to 
the defendant.
(3)  In disputes arising out of the infringement of the 
rights referred to in this Act, the main hearing 
shall be held within 30 days upon receipt of the 
statement of defence.
(4)  In litigations, proceedings for infringement of a 
patent before a court of first instance shall be 
completed within one year upon filing the lawsuit.
(5)  In litigations for the infringement of a patent, the court of second instance shall render a decision 
on the appeal filed against the decision of the 
court of first instance within six months upon 
receipt of the appeal.
(6)  The decision on the provisional measure shall 
be issued within 30 days upon submission of the 
proposal for the provisional measure.
(7)  Upon the request of the court or any of the parties 
to the procedure concerning the infringement of a 
patent, the Office shall promptly accept a request 
for the declaration of nullity of the decision on 
the grant of a patent, filed before or during the 
civil action, and shall subject it to the expeditious 
proceedings. The court shall decide whether it 
shall stay the proceedings up to the final decision 
on the request for the declaration of nullity of the 
decision on the grant of a patent, or not.
PART FOURTEEN
PROVISIONS CONCERNING CONTROL AND 
MISDEMEANOURS
Control of the implementation of the Act
Article 153
 Inspection control of the implementation of this 
Act shall be carried out by the state administration 
authorities competent in accordance with a 
special regulation governing the responsibility to 
perform inspection tasks in the field of intellectual 
property rights.
Administrative control
Article 154
 Administrative control of the implementation of this 
Act and the regulations adopted thereunder shall 
be carried out by the ministry responsible for the 
control of the the Office’s operation.
Misdemeanour provisions
Article 155
(1)  Any legal person shall be punished for a 
misdemeanour by a fine amounting from HRK 
20,000 to 100,000, if it involves the following acts 
without consent of the holder of a patent: 
1. making, offering for sale, selling, using, 
importing or stocking for such purposes 
a product manufactured according to the 
protected invention (Article 93 paragraph (2) 
item 1);
2. using or offering for use a process which is 
the subject-matter of the protected invention 
(Article 93 paragraph (2) item 2);
3. offering for sale, using, importing or stocking 
for such purposes a product obtained directly 41from the process which is the subject-
matter of the protected invention (Article 93 
paragraph (2) item 3); or
4. offering or delivering a product which 
constitutes the essential element of the 
protected invention to persons not entitled 
to use such invention (Article 93 paragraph 
(3)).
(2)  A responsible person in the legal entity shall also 
be punished for a misdemeanour referred to in 
paragraph (1) of this Article by a fine amounting 
from HRK 5,000 to 10,000.
(3)  Any natural person shall be punished for a 
misdemeanour referred to in paragraph (1) of 
this Article by a fine amounting from HRK 2,000 
to 10,000.
(4)  A natural person – a craftsman or other self-
employed person, respectively, shall be punished 
for the misdemeanour, referred to in paragraph 
(1) of this Article, by a fine amounting from HRK 
5,000.00 to 50,000.00, where the misdemeanour 
has been committed in the performance of her/
his activities as a craftsman or other self-employed 
person, respectively.
Misdemeanour provisions in case of a patent 
protecting biological material
Article 156
(1)  Any legal person shall be punished for a 
misdemeanour by a fine amounting from HRK 
20,000 to 100,000, if it involves the following acts 
without consent of the holder of a patent:
1. making, offering for sale, selling, using, 
importing or stocking for such purposes 
within the meaning of Article 93 paragraph 
(2) item 1 of this Act any biological material 
referred to in Article 94 paragraph (1) of this 
Act;
2. using or offering for use within the meaning 
of Article 93 paragraph (2) item 2 a process 
which is the subject-matter of the protected 
invention referred to in Article 94 paragraph 
(2) of this Act that enables the production 
of biological material containing specific 
characteristics arising from the invention;
3. offering for sale, selling, using, importing 
or stocking for such purposes within the 
meaning of Article 93 paragraph (2) item 3 
of this Act any biological material obtained 
directly from the process referred to in Article 
94 paragraph (2) of this Act, as well as any 
other biological material derived from such 
directly obtained biological material through 
propagation or multiplication in an identical 
or divergent form and possessing those same 
characteristics; or
4. offering or delivering within the meaning of 
Article 93 paragraph (3) of this Act a product 
and all materials referred to in Article 94 paragraph (3) of this Act to persons not 
entitled to use such invention.
(2)  A responsible person in the legal entity shall also 
be punished for a misdemeanour referred to in 
paragraph (1) of this Article by a fine amounting 
from HRK 5,000 to 10,000.
(3)  Any natural person shall be punished for a 
misdemeanour referred to in paragraph (1) of 
this Article by a fine amounting from HRK 2,000 
to 10,000.
(4)  A natural person – a craftsman or other self-
employed person, respectively, shall be punished 
for the misdemeanour referred to in paragraph 
(1) of this Article by a fine amounting from HRK 
5,000.00 to 50,000.00, where the misdemeanour 
has been committed in the performance of her/
his activities as a craftsman or other self-employed 
person, respectively.
PART FIFTEEN
 TRANSITIONAL AND FINAL PROVISIONS
Article 157
(1) Patents entered into the Office Patent Register up 
to the date determined for the application of this 
Act shall remain in effect and the provisions of this 
Act shall apply to them.
(2) Consensual patents entered into the Office 
Consensual Patent Register up to the date 
determined for the application of this Act shall 
remain in effect and the provisions of the Patents 
Act shall apply to them (Official Gazette, No. 
173/03, 54/05, 87/05, 76/07, 30/09, 128/10, 49/11, 
76/13 and 46/18).
Article 158
(1) The procedures pending on the day of the 
entry into force of this Act shall be completed in 
accordance with the provisions of the Patents Act 
(Official Gazette, No. 173/03, 54/05, 87/05, 76/07, 
30/09, 128/10, 49/11, 76/13 and 46/18).
(2) The applicants who filed a patent application with 
the Office pursuant to the Patents Act (Official 
Gazette, No. 173/03, 54/05, 87/05, 76/07, 30/09, 
128/10, 49/11, 76/13 and 46/18) may apply for 
conversion of the patent application into the utility 
model application referred to in Article 73 of this 
Act within three months from the date of entry 
into force of this Act, provided that the patent 
application has not been published on the date 
of the application for conversion.
Article 159
(1)  The Head of the Office shall enact the regulations 
governing the matters referred to in Article 20 
paragraph (4), Article 26 paragraph (5), Article 
27 paragraph (4), Article 28 paragraph (6), Article 
29 paragraph (7), Article 30 paragraph (8), Article 4231 paragraph (3), Article 33 paragraph (2), Article 
52 paragraph (2), Article 56 paragraph (7), Article 
57 paragraph (6), Article 58 paragraph (8), Article 
59 paragraph (7), Article 68 paragraph (2), Article 
69 paragraph (2), Article 70 paragraph (2), Article 
77 paragraph (7), Article 80 paragraph (4), Article 
81 paragraph (3), Article 83 paragraph (4), Article 
84 paragraph (3), Article 109 paragraph (7), 
Article 119 paragraph (3), Article 124 paragraph 
(7), Article 128 paragraph (7) and Article 136 
paragraph (5) of this Act within two months upon 
this Act coming into force.
(2)  The Patent Regulations (Official Gazette, No. 
117/07, 3/11, 66/11, 145/12, 85/13 and 43/17) shall 
remain in effect until the regulations referred to in 
paragraph (1) of this Article enter into force.
Article 160
 The regulation referred to in Article 19, paragraph 
(2) of this Act shall be harmonised with the 
provisions of this Act within 60 days upon its entry 
into force.
Article 161
 The Patents Act (Official Gazette, No. 173/03, 
54/05, 87/05, 76/07, 30/09, 128/10, 49/11, 76/13 
and 46/18) shall cease to be valid on the date of 
this Act coming into force.
Article 162
 This Act shall enter into force on the eighth day 
following the day of its publication in the Official 
Gazette.