Fees associated with filing industrial design applications in Serbia, as well as other design fees, are available in the fee calculator.
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Minimum filing requirements in Serbia
To obtain a date of filing the industrial design application in Serbia should contain:
- a request for the industrial design registration;
- name, last name and address of the applicant(s);
- a representation of the design.
In Serbia design description is mandatory. The filing date may be assigned without it, but unless the applicant supplies the description subsequently, the application will be automatically be rejected.
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Multiple design applications
Multiple class design applications are possible in Serbia provided that they are presented in the same class of Locarno classification, and the number of embodiments does not exceed 100.
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Examination of a design application in Serbia
The Serbian IP Office examines design applications for compliance with formal and substantive requirements (novelty and individual character). However, the applicant is not required to file a request for the substantive examination, as far as it is conducted automatically.
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Power of Attorney requirements
The IP Office does not set the deadline for submitting a POA. Instead, if the applicant does not supply a simply signed original of the Power of Attorney at the time of filing, the examiner issues an invitation once the application has reached its turn for examination, setting a deadline of 60 days from its receipt. The deadline may be extended.
If the applicant is not the designer the statement on how the applicant acquired the right from the designer to file the application should be provided at the time of filing or shortly after it. IP Office of Serbia gives a short deadline for submitting Assignment Deed and is reluctant to give extensions of the said term.
Priority document may be submitted within three months from filing the design application on condition that the fees for late filing are paid. The legalised translation into Serbian is required.
Disclosure is not taken into consideration if the period from the disclosing of the industrial design to the date of filing of the application or, if priority right is claimed, to the date of priority, is shorter than 12 months.
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Grant, validity term and maintenance fees
Official fee for granting an industrial design in Serbia should be paid upon invitation from the Serbian IPO (approximately within 10 days from the receipt thereof). The validity term of industrial design in Serbia is 25 years from the date of filing, provided that the prescribed maintenance fees are paid. The maintenance fees for the first 5 years are payable in a lump sum along with the grant fee. The subsequent annuities (6th- 25th year) are paid annually before the expiry of the last day of the month in which the anniversary of the filing date occurs, but not earlier than 6 months before the due date. Late payment is possible within a six-month grace period after the due date by paying a corresponding surcharge.
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Representation by a patent attorney
Foreigners must perform the industrial design prosecution in Serbia through an agent, a registered Serbian patent attorney.
The three-dimensional or two-dimensional appearance of the entire product or a part thereof, defined by its features, in particular, the lines, contours, colours, shape, texture and materials of the product itself or its ornamentation, as well as their combination are registrable as an industrial design in Serbia.
Online Search Databases: Serbian Industrial Designs, International Designs.
Brief summary is based on the information provided by CPZ – CENTRE FOR PATENTS Ltd. on 12.03.2024
Please contact us if the above information is not in conformity with Serbian IP Laws.