Making available the translation of the European patent specification into the Slovak language and the effects of the European patent

The provision of a translation of a European patent specification into the Slovak language is governed by Section 63 of Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates, and Amendments to Certain Acts (hereinafter “Act No. 435/2001 Coll.”).A European patent granted by the European Patent Office and designated for the Slovak Republic has the same effect as a national patent from the date of publication of the grant of the European patent in the European Patent Bulletin. However, the owner of a European patent is required to submit to the Office, within the time limit prescribed by law, a translation of the European patent specification into the Slovak language (Section 63(2) and (3) of Act No. 435/2001 Coll.). If the owner fails to submit a translation of the European patent specification into the Slovak language to the Office, the European patent is deemed invalid in the territory of the Slovak Republic from the outset (Section 63(4) of Act No. 435/2001 Coll.). The Office may make the translation of the patent specification into the Slovak language available pursuant to Section 63(6) of Act No. 435/2001 Coll., provided that the following conditions are met:

• The European Patent Office has granted a European patent designating the Slovak Republic (the SR is a designated country),
• the notice of grant of the European patent has been published in the European Patent Bulletin,
• the European patent proprietor submitted to the Office a translation of the European patent specification into the Slovak language within the statutory period of three months from the publication of the grant of the European patent in the European Patent Bulletin or within an additional period of three months pursuant to Section 63(2) and (3) of Act No. 435/ 2001 Coll.,
• the administrative fee for the publication and making available of the translation has been paid, or a corrected translation pursuant to Section 216a(c) of Act No. 145/1995 Coll. of the National Council of the Slovak Republic, or the administrative fee has been paid within the additional period pursuant to Section 216a(d) of Act No. 145/1995 Coll. of the National Council of the Slovak Republic, and
• the owner of the European patent has notified the Office of an address for service within the territory of the Slovak Republic pursuant to Section 63(2) of Act No. 435/2001 Coll.
• Provided that the above conditions are met, the Office shall make the translation of the European patent specification available and shall publish the availability as well as the grant of the European patent in the Official Gazette pursuant to Section 63(6) of Act No. 435/2001 Coll.

 

The Office shall enter the European patent in the Register of European Patents with the data entered in the European Patent Register.

The proprietor of a European patent may, at any time, file a corrected translation of the European patent specification into the Slovak language pursuant to Section 63(2) of Act No. 435/2001 Coll. Upon receipt of the corrected translation and payment of the administrative fee, the Office shall make the corrected translation available to the public and publish a notice to that effect in the Official Gazette.

The corrected translation shall take the place of the original translation as of the date of publication of the notice of its availability in the Official Gazette.

To submit a translation/corrected translation of a European patent specification into the Slovak language, you may use the form available at:

The form available at https://www.indprop.gov.sk/en/patents/patents/documents-to-download  may be used to file a translation of patent claims into Slovak.

The rates of administrative fees and information on the payment of administrative fees are available at:
https://www.indprop.gov.sk/en/patents/patents/fees/administration-fees

Data concerning European patent applications and European patents with a designation for the Slovak Republic are available to the public at:

https://wbr.indprop.gov.sk/WebRegistre/?csrt=7563347763053924400

https://www.indprop.gov.sk/en/products-and-services/official-gazette