The Industrial Property Office

 

The Industrial Property Office is an institution that deals with the activity in the field of protection of industrial property rights. The office implements the procedures for protection and registration of rights pursuant to Law No. 2004/49 on Patents,  Law No. 02/L-100 on Amending and Supplementing the Patent Law No. 2004/49" , and Administrative Instruction No. 2007/06 on the Organization and Functioning of the Office of Industrial Property.

The purpose of the protection and registration of objects of industrial property rights is to encourage and motivate inventors, creators, protect their rights and to instill confidence in the development of commercial activities in relation to objects of industrial property.

Industrial Property Office's main role is the recognition of the rights of industrial property objects. In addition to this role, the Industrial Property Office offers advices and assists the Government of Kosovo in the development of policies aimed at encouraging innovative potential of the nation, as well as raising public awareness through the creation of a culture of respect for Industrial Property.

Applications for registration of Patents, Trade Marks and Industrial Designs, instructions for their completing these applications can be found at this link: http://www.mti-ks.org/?cid=1,381

Contact Information for Industrial Property Office, Ministry of Trade and Industry

 

Rr. „Muharrem Fejza“ p.n. Lagja Spitalit, 10000 Prishtine

+381 (0)38 512 207

[email protected]

www.mti-ks.org/?cid=1,381

08:00 – 12:00

 

 

The patenting process

The patenting process is covered by two pieces of legislation: the Law No.2004/49 on Patents and Administrative Instruction 2007/10 on Patent Registration Procedure. A patent is an exclusive legal right granted for an invention. An invention is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. A patent provides legal protection for an invention to the owner of the patent. The protection is granted for a limited period of 10 or 20 years, if renewal fees are paid every year to maintain the patent into force.

An invention must fulfil the following criteria to be protected by a patent. The following conditions should be met:

  • It must have industrial applicability;
  • It must show an element of novelty; that is some new characteristic which is not known in the body of existing knowledge in its technical field. This body is called “prior art”.
  • The invention must show an inventive activity which could not be deduced by a person with average knowledge of the field;
  • Its subject matter must be allowable as “patentable”. Scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, or methods for medical treatment (as opposed to medical products) are not patentable.

Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. These patent rights are enforced in the court which holds the authority to stop patent infringement. Conversely, the court can also declare a patent invalid upon a successful challenge by a third party. A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become a new owner of the patent. Once a patent expires, the protection ends and an invention enter into the public domain. This means the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others.

The following procedural steps are needed to get a patent:

1. Filing of a patent application containing:

  • Application form for patent grant;
  • Description of the invention;
  • Claims determining the extent of protection;
  • Drawings, if any;
  • Abstract of the invention;
  • Proof of fee payment;
  • Power of attorney (for non-residents);
  • Certificate of priority from foreign office.

2. Formal examination and payment of fees;

3. Patent grant& publication after 18 months;

4. Payment of annual maintenance fees;

5. Evidence on patentability within 9 years.

The costs for obtaining a patent comprise of (a) the official fees (see Administrative Instructions 2009/19 on Fees, Annex A1), and (b) the costs of a patent representative (obligatory only for non-residents).

The following tables summarize the applicable patent protection fees

Registering a Trademark

 

A trademark may be every sign which could be represented graphically, particularly words, including personal names, designs, letters, numbers, the shape of goods or their packaging, colors as well as combination of all above under a condition that goods or services of one enterprise can be distinguished from the other enterprises.

The Law on Trademarks determines requirements and procedures for the registration of trademarks, the rights derived through the registration and implementation of such rights. This Law is applicable to persons subject of the registration procedure for acquiring the trademark at Industrial Property Office of the Republic of Kosovo, established within the Ministry of Trade and Industry (hereinafter Office), including community trademarks and international trademark registrations valid in the Republic of Kosovo.

The procedure for registration of a trade mark is initiated by filing an application for the registration of a trade mark with the Industrial Property Office, MTI. An application for the registration of trademark must contain:

  • Trademark registration request;
  • Applicant personal identification information;
  • List of the goods or services requested to be registered;
  • Trademark design.

The filing date of application for trademark registration is considered to be the date when application has been receiving by the Industrial Property Office.

Trademarks will be registered for a period of ten (10) years from the date of filing of the application. The registration may be renewed for further periods of ten (10) years. Fees for Trademarks

 

Industrial Design

Industrial design is governed by the Law No.04/L-028 on Industrial Design adopted in 2011. The Law provides the requirements and procedures for registration of the industrial design, the rights deriving from registration and implementation of such rights and community design.

The design is defined as the outer appearance of the whole or of a part of product resulting from features of, shape, form, color, lines, contours, texture or materials of the product itself or its ornaments.

Industrial design is registered within the Industrial Property Office. Application for the industrial design must contain:

  • A request for registration of the industrial design;
  • Information identifying the applicant;
  • A representation of the design suitable for reproduction. However, if the object of the application is a two-dimensional design and the application contains a request for deferment of publication in accordance with Article 45 of this law, the representation of the design may be replaced by a specimen;
  • Indication of the product in which the design is intended to be applied;
  • Information identifying the duly authorized representative if the applicant has appointed one;
  • If there was a joint application, the information for the joint representative.

In addition, the application of industrial design may contain:

  • A description explaining the representation or the specimen;
  • A request for deferment of publication of the registered design;
  • Classification of the product, respectively inscription of the class, in which the product needs to be integral part or in which the design has to be implemented with the Locarno Agreement, based on the International Classification;
  • Information for the designer or the designers, or the statement that the designer or designers has waived the right to be cited;

The application date for the industrial design is considered to be the date when the documents are submitted by applicant at the Industrial Property Office. Protection of the industrial design lasts for five years, counting from the date of the filing of the application for industrial design. Protection of the industrial design may be extended for the additional period of five years, for a total period of twenty-five years, counting from the date of filing of the application.

Applications for registration of Patents, Trade Marks and Industrial Designs, instructions for their completing these applications can be found at this link: www.mti-ks.org/?cid=1,381

Costs associated with the protection of industrial designs are as follows: Industrial Design Fees