The agreements signed by the Ministry of Economic Development of Montenegro with the European Patent Office (EPO) and the State Intellectual Property Office of the Republic of Croatia open two new professional channels for patentability examination. These mechanisms represent an exceptional practical resource for startups, companies, researchers, and individuals who want to smartly protect their inventions. The result of these procedures includes a detailed prior art search report, as well as a written opinion on patentability – novelty, inventive step, and industrial applicability.

Such a report serves as a powerful strategic tool for making decisions on further development, amendment of claims, or licensing before protection costs become high. It is important to note that these reports provide a clearer assessment of the invention’s strength, but do not constitute a substantive examination, as the final decision is always made by the Ministry of Economic Development in accordance with the Law on Patents. Also, they do not include a freedom to operate (FTO) analysis, but are exclusively focused on the validation of the idea itself.

The cooperation channel through the European Patent Office is intended for the early verification of national patent applications in Montenegro and certain granted patents. It brings significant benefits to Montenegrin small and medium-sized enterprises, universities, and individuals in the form of a fee reduction of up to 80% for national searches, with the possibility of full reimbursement depending on the extent to which the EPO can reuse the earlier result.

On the other hand, the channel through the Croatian Office primarily serves to obtain evidence of patentability for patents already entered into the Montenegrin patent register.

The entire protection process is best initiated by obtaining initial orientation at the PATLIB Montenegro center and the Technology Transfer Office within the Science and Technology Park of Montenegro.

A key piece of advice for all innovators is not to publish their invention too early, so as not to jeopardize its novelty.

After preparing a high-quality application, the official request is submitted to the Directorate for Intellectual Property at the Ministry of Economic Development. The Ministry examines the case and conducts official communication with foreign offices, while the final expert findings enable innovators to, with the support of PATLIB and the Technology Transfer Office, make the best business decision regarding the commercialization of their intellectual property.

The entire document that guides you through the patenting process can be found HERE.