I. Requirements for Montenegro after EP grant
I.1 Translation requirements
It is mandatory to submit a translation of the patent claims into Montenegrin.
I.2 Professional representative
Yes, foreign natural and legal persons must be represented by a representative listed in the competent authority’s Register of Representatives or by a domestic lawyer (Register of Representatives at www.advokatskakomora.me).
I.3 Period for filing the translation
Three months from the date of publication of the mention of the grant of the European patent or publication of the decision of the European Patent Office to maintain the European patent as amended.
I.4 Office fee
Fees are payable for the special costs of publication and printing of translations of patent claims.
The patent holder is obliged to submit to the competent authority a request for the entry of the European patent in the Patent Register and a translation of the claims of the granted European patent into Montenegrin and to pay the prescribed compensation for the special costs of publication and printing of the translation of the claims within three months of the date of publication of the mention of the grant of the European patent in the European Patent Bulletin. Furthermore, the competent authority is obliged to publish every duly filed translation in the official gazette in a timely manner.
Correction of the translation is allowed; for the patent to remain in effect the patent holder is obliged to submit to the competent authority a translation of the amended patent claims into Montenegrin and to pay the prescribed compensation for special publication costs within three months from the date of publication of the European Patent Office’s decision to grant or maintain the European patent as amended.
II. Double-patenting allowed?
If a European patent designating Montenegro and a national patent are granted to the same person or their legal successor with the same filing date or, if the right of priority is requested, the same priority date, the national patent ceases to have effect to the extent that it covers the same invention as the European patent designating Montenegro from the day when the deadline for filing notice of opposition to the European patent expired without any opposition having been filed, or from the day when a final decision was made in opposition proceedings to maintain the European patent.
The provisions of the Patent Law relating to European patent applications apply to applications submitted on or after the entry into force of the European Patent Convention and European patents granted on the basis of them.