Applicant: the inventor or his legal successor (individual, firm, company). Foreigners and nationals not living in the country: must have a local attorney. Protection of foreigners: they enjoy the same rights as nationals in accordance with International Treaties and Agreements. Data on the inventor(s): the patent application must contain the name of the inventor(s), or the inventors’ declaration that he (they) does not want to be nominated in the application (can be filed subsequently). In case the application is filed by an individual/company who is not the inventor, the applicant must submit his declaration regarding the legal basis for filing the application in his name (can be filed subsequently). Patentability: a patent is granted for an invention in any field of technology, which is new, which involves an inventive step and which is capable of industrial application. Categories: patents covering a product (device, substance, composition, biological material (microorganism, culture of plant or animal cells, sequence of genes), a process, use of a product or use of a process. A product obtained directly by a method or a process is covered by the method or process claim (product by process protection). Novelty: an invention is novel if before the filing of the patent application it was not encompassed in the prior art (absolute novelty). An invention will be considered encompassed in the prior art if it has been made public by means of a written or oral description, by use or in any other way, or if it has been included in a Serbian patent or petty patent application having an earlier filing date than the subject patent application, and published on the filing date of the subject patent application or after. A grace period of six months is provided for cases of prior demonstration at an official exhibition and for unauthorized publication by a third party. Exceptions to protection: (1) an invention whose commercial exploitation would be contrary to public order or morality (in particular: processes for cloning human beings; processes for modifying the genetic identity of germ cells of human beings; uses of human embryos for industrial or commercial purposes; 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); (2) plant or animal species or essentially biological processes for the production of plants or animals, except for biotechnological processes concerning a plant or animal, if the technical feasibility of the invention is not confined to a particular plant or animal variety and for microbiological processes and the products thereof; (3) invention of a surgical or diagnostical method or a treatment method applied directly on a human or animal body, except for products, substances or compositions for use in any of these methods. Not considered inventions: discoveries, scientific theories, mathematical methods, aesthetic creations, plans, rules and methods for performing mental activities for playing games or for doing business as well as computer programs, disclosure of information, as well as the human body, at any stage of its formation and development, and the simple discovery of one of its elements, including sequences or partial sequences of genes (except for an element isolated from the human body or produced by means of a technical process, including the sequences or partial sequences of genes). Unity of invention: provided for if the inventions are so mutually connected that they realize a single inventive concept. Kinds of protection: basic patent and patent of addition. Confirmation patent: not provided for. Secret patents: only for applications filed by national physical persons and legal entities. Priorities: from filing date of the patent application. Union priority must be claimed in the application. The data on the country, filing number(s) and filing date(s) of the priority application(s) must be filed within two months from the filing date. Certified copy of the priority application(s) must be filed within three months from the filing date of the new application, or sixteen months from the earliest priority date, whatever period expires earlier. Territory covered: Serbia.

Filing requirements for an application (to be sent to resident agent):

1. Specification (EPO type) and abstract;
2. Drawings (if any), in triplicate;
3. Certified copy of the priority application(s), if any (not required for the national phase of a PCT application);
4. The applicant’s declaration on the legal basis for filing the application in his name (can be filed subsequently);
5. Power of attorney, no legalization (can be filed subsequently);
6. Copy of the PCT documentation: PCT publication, International Search Report, Written Opinion (if any), response to the Written Opinion (if any), Preliminary Examination Report and the amended sheets (if any).
7. Note: agents can proceed on the basis of telefax filing orders only if they are accompanied with the specification and drawings (if any).

PCT applications: time limit for entering the national phase: 30 months from the priority date (31 months with the payment of an additional fee).

European patents applications: extension possible for European patent applications filed between November 1, 2004 and September 30, 2010, in which the extension fee was paid for Serbia. In European patent applications filed on or after October 1, 2010, Serbia can be designated as contracting State so that patent in Serbia can be obtained through a single process at the European Patent Office. Time limit for entering EP regional phase: 31 months under both Chapters I and II.  Validation requirements: (a) appointment of a national professional representative is required; (b) translation of the full specification must be submitted within  a non-extendible term of three months from the date of mention of the grant of the European patent in the EPO Bulletin; (c) the minimum time period for paying renewal fees due at validation is two months. Annuities are payable for the years following the year in which the mention of the grant has been published.