Our Services
We are authorised to represent before the Industrial Property Office of the Slovak Republic, the European Patent Office (EPO), the World Intellectual Property Organisation (WIPO) and the European Union Intellectual Property Office (EUIPO). We are consistently involved in assisting our clients in obtaining and enforcing their IP rights. Hörmann & Partners specializes in the protection of IP rights subjects such as patents, trademarks and designs, internationally.
We provide services in the following areas
What is a patent?
A patent is a protective document. This document is granted by the state and gives its owner the exclusive right to use his invention. The invention is a solution to a technical problem achieved by technical means. It can be a product that can be manufactured industrially, a process (method) of production or the use of known objects for a new purpose. However, in order for this solution to be patented, according to the patent law it must be: new; the subject of inventive step; ndustrially applicable; must not be excluded from patentability.
How long is a patent valid for?
The validity of the patent is 20 years from the filing of the patent application. Duration of patent validity depends on payment of preserving fees.
How to get a patent?
A Slovak patent can be obtained by filing an application for a patent at the Industrial Property Office of the Slovak Republic.
The filing of the application is followed by an application procedure where the Office submits the application to a formal examination, where the Office examines whether the application has formal errors. It shall publish it in its gazette 18 months after the right of priority arose. After the publication of the application, anyone may submit comments to the Office on the patentability of its subject matter. The Office shall take the comments into account in the full examination of the application, which the Office shall carry out on the basis of an application from the applicant, which must be filed no later than 36 months after the filing of the application for the invention. At the end of the application procedure, the Office may grant a patent.
Patent protection in foreign countries can be obtained by filing a European patent application or an international application filed under the Patent Cooperation Treaty (PCT).
Services
Our services mainly include:
– advice and consultation
– surveys and research
– preparation of national patent applications, European patent applications and international invention applications according to the PCT
– representation in proceedings before the Industrial Property Office of the Slovak Republic
– representation in proceedings before the EPO
– representation in international application proceedings
– protection of the owner's rights and maintaining the validity of patents
– submission of proposals for the cancellation of patents
– entries of changes in the register
– dispute agenda and other...
What is a utility model?
Utility model is similar to a patent. Utility model is an exclusive right granted for an invention, which allows the right holder to prevent others from commercially using the protected invention, without his authorization, for a limited period of time. According to the law, utility models protect technical solutions that are new, industrially applicable and are the result of inventive step.
How long is a utility model valid for?
The effects of protection are the same as in the case of patents, but Utility model is valid for four years after filing of utility model application or after filing of prior patent application with respect to the same object. Term of validity of utility model may be prolonged by the Office upon request of the owner of utility model two times, each time for three years, i.e. for a total period of 10 years.
How to obtain a utility model in Slovakia?
The utility model can be obtained by filing an application for a utility model in the Industrial Property Office of the Slovak Republic. After application filing, an application procedure is followed. The Office examines only the formal requirements, i.e. whether the application contains all the requisites and does not examine the condition of novelty and inventive step. The examination of these conditions takes place only in a possible cancellation procedure.
Services
Our services mainly include:
– advice and consultation
– surveys and research
– preparation of utility model applications
– representation in proceedings before the Industrial Property Office of the Slovak Republic and foreign authorities
– protection of the owner's rights and maintaining the validity of utility models
– entries of changes in the register
– dispute agenda and other...
What is a trademark?
A trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds. The purpose of a trade mark is to distinguish the goods or services of one undertaking from those of other undertakings. Owner of trade mark has exclusive right to use the trade mark with respect to goods or services for which it is registered.
How long is a trademark valid for?
Trade mark registration is valid for 10 years after filing of application. The Office prolongs validity of trade mark registration for further ten years upon request of trade mark owner (filed not earlier than one year before expiration of term of registration and not later than 6 months after expiring of term of registraion).
How to get a trademark?
A trademark in Slovakia can be obtained by filing a trademark application at the Industrial Property Office of the Slovak Republic. Abroad, it can be obtained by filing an application at the office in the selected country, an EU trademark application at EUIPO or an international trademark application at WIPO.
Services
Our services mainly include:
– advice and consultation
– research
– submission of applications for registration of trademarks
– representation in proceedings before the Industrial Property Office of the Slovak Republic and foreign authorities
– renewals
– protection of the owner's rights
– entries of changes in the register
– dispute agenda and other...
What is a design?
Design shall mean the appearance of a whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of a product itself or its ornamentation. The content of the term design is therefore only a visually perceptible property or component of the overall product solution. It is therefore not a technical, constructional, functional, material or other nature of the product.
How long is a design valid for?
Registration of design runs for 5 years after filing of design application. Term of validity of design registration may be prolonged upon request of owner of design, for four consecutive periods of 5 years, i.e. for a total period of protection of 25 years.
How to get a design?
Design registration is made upon design application at IPO SR which must contain application for design registration made by a prescribed form. Design application is subject to examination by the Office, i.e. it is determined whether the object of application meets prescribed statutory conditions (novelty and special character). In case a registration eligibility is proved, the Office registers the design in the designs register and releases the design. Under the Hague Agreement Concerning the International Registration of Industrial Designs, it is also possible to obtain an international registration of a design. An applicant can file a single international application at WIPO. The applicant can designate as many Contracting Parties as he wishes.
Services
Our services mainly include:
– advice and consultation
– research
– submission of applications
– representation in proceedings before the Industrial Property Office of the Slovak Republic and foreign authorities
– renewals
– protection of the owner's rights
– entries of changes in the register
– dispute agenda and other...
What is a Supplementary Protection Certificate?
A supplementary protection certificate shall be granted for medicinal products or plant protection products, provided that they are protected by a basic patent, medicine or product for plant protection acquired valid authorisation to place concerned medicine or product for plant protection on market, no prior supplementary protection certificate was granted with respect to the medicine or the product for plant protection and authorisation is the first authorisation to place the medicine or the product for plant protection on market as a medicine or product for plant protection
How long is a Supplementary Protection Certificate valid for?
Supplementary protection ceritificate runs for the period equal to the period which elapsed between the date on which the application for basic was lodged and the date of the first authorisation to place the product on the market in the Community, reduced by a period five years, however, it runs for maximum period of five years after the certificate becomes valid.
Services
Our services mainly include:
– advice and consultation
– preparation of applications
– representation in proceedings before the Industrial Property Office of the Slovak Republic and foreign authorities
– protection of the owner's rights and maintaining the validity of SPCs
– entries of changes in the register
– dispute agenda and other...
What are Protected Designations of Origin and Geographical Indications?
Designation of origin of products and geographical indication of products are exclusively a verbal indications for the product (agricultural products, food, wine, spirits, aromatised wine products, "non-agri" products).
The designation of origin of product is a name of certain location, area or, in exceptional cases, of a country, which is used for designation of products comming from such location, area or country, provided that the quality or features of such product are solely or substantially influenced by geographical location and its characteristic natural or human conditions and its production, processing or preparation is organised solely within specified location, area or country.
Geographical indication of product is a name of certain location, area or, in exceptional cases, of country, which is used for designation of products comming from such location, area or country, provided that such product has specific quality, reputation or characteristic features which may be attributed to such location, area or country and its production, processing or preparation is organised solely within the specified location, area or country.
Agricultural products, food, wine, spirits, aromatised wine products can only be protected at EU level or by international protection through the Geneva Act, but not at national SK level. "Non-agri" products (mineral waters, handicrafts and other products) can be protected at national level and by international protection through the Lisbon Convention, but not at EU level.
How to get a designation or indication?
Registration of designation of origin or of geographical indication is subject to application, which must contain request for registration of designation of origin or of geographical indication and must be made by a prescribed form. Term of protection is for an indefinite period.
Services
Our services mainly include:
– advice and consultation
– preparation of applications, representation in proceedings before the Industrial Property Office of the Slovak Republic and foreign authorities
– registration of European designations of origin and geographical indications
– research
– dispute agenda and other...