INFORMATION FROM THE EPO
Extension of European patents to the Republic of Croatia (HR)
On 16 June 2003, the President of the European Patent Office and the Minister for European Integration of the Republic of Croatia signed an agreement on co-operation in the field of patents (Co-operation and Extension Agreement). The agreement enters into force on 1 April 2004. From this date it will be possible to extend the protection conferred by European patent applications and patents to the Republic of Croatia. Extended European patent applications and patents will enjoy essentially the same protection in the Republic of Croatia as the patents granted by the EPO for the currently 28 member states of the European Patent Organisation. Articles 99 to 109 of the Croatian Patent Act as in force since 1 January 2004 govern the extension of European patents in the Republic of Croatia:
Extension occurs at the applicant's request. It is deemed requested for any European and international patent application filed on or after 1 April 2004. Extension to the Republic of Croatia is not available for applications filed prior to that date, or for any European patents resulting from such applications.
The extension fee is EUR 102. It must be paid to the EPO within the time limits prescribed in the EPC for paying designation fees (Article 79(2) EPC, Rule 107(1)(d) EPC). After expiry of the relevant basic time limit, the extension fee can still be validly paid within the period of grace for the payment of designation fees, provided that within that period a surcharge of 50% is also paid. If the extension fee is not paid in due time, the request for extension is deemed withdrawn.
Further information concerning the extension of European patent applications and patents to Croatia will be published in later issues of the Official Journal.