Processing of applications at the National Board of Patents and Registration

Examination of formalities

The National Board of Patents and Registration (NBPR) does not examine the novelty or inventiveness of the invention. It only checks that the application has been made in a formally correct way, for example that all necessary documents are included in the application and that the description is so clear that a person skilled in the art is able to use the invention on the base of the description. If the authority finds something to remark about in the application documents, it sends the applicant a letter (= an official action) where he or she is invited to correct found deficiencies. The applicant is given two months to answer. If the deficiencies are minor, the authority usually contacts the applicant by phone.

Registration and public notice

As soon as the accepted utility model is entered into the Utility Model Register, the applicant receives a certificate of registration. Public notice is given of the registration in the Utility Model Gazette together with one independent claim and the most illustrative picture of the invention.

Expiration and renewal of registration, and transfers of utility model rights, are also announced in the Gazette which is published once a month.

Publications similar to patent publications are not printed of registered utility models, but you can obtain copies of registered utility models against payment.

Application documents are public from the date of registration or at the latest within 15 months from the filing or priority date. At the applicant’s request, the application documents become public as soon as the application is filed, or at some other date demanded by the applicant.

Rejection and appeals

The application is rejected if it still after the invitation to correct deficiencies does not meet the requirements. The applicant can file an appeal against the rejection with the NBPR’s Board of Appeal within 60 days from the receipt of the decision. If the Board of Appeal also rejects the application, the decision can be appealed further to the Supreme Administrative Court within 60 days from the receipt of the decision.