In order that you can determine whether or not the assistance of a Patent Attorney in your business is likely to be of use to you, you should first of all know precisely what a Patent Attorney is, and what are his qualifications. Patent attorneys are what might be described as "technical lawyer". Inventions are, by their very nature, technical creations, and not legal ones. Therefor, it is usually a technical expert that must deal with patent issues. Patent Attorneys are skilled not only in technology, but also in the law relating to Intellectual Property in its broadest sence. Patent Attorney spends much of his time either writing or reading patent specifications, and since inventions are at the forefront of technology, his technical knowledge is very much up to date.
Adapted from a lecture by Mr. S. David Voiter, President, Institute of Professional Representatives before the EPO, Bled, 16. and 17. June 1994 [International Symposium on Patent and Trademark Services to Industry]
Protected is any sign which is intended to be applied to goods or services in order to distinguish them or to indicate a connection in the course of trade between those goods or services and the owner of the mark. A mark must be capable of distinguishing in trade the goods or services to which it is applied. It may therefore not be a generic name or be descriptive of quality or other characteristics of the goods or services.
Once a mark has been registered, it can be renewed in perpetuity. When the period of initial registration is due to expire (10 years), it may be renewed for a further 10 years period, and thereafter further renewals may be affected at regular intervals.
Patents have a maximum term of 20 years. In Slovenia exist "two types" of patents: a patent having term of 20 years and a patent having a term of 10 years (piggyback patent, short-term patent). For a period of a few years after filing maintenance fees are due to keep the application alive. Once a patent has been granted, renewal fees (annual) have to be paid.
A patent gives the patent owner the right to stop anyone from making, using or selling the invention covered by the patent claims. In other words, any form of commercialization at a profit. The right of being able to stop infringement is exercised through the court.
Industrial Design is a category of Intellectual property by which is protected the shape or appearance of articles to which the design is applied or in which the design is incorporated. Often are excluded those features of shape which are attributable solely to any technical function which the article has to fulfill.
Rights in industrial designs in Slovenia last for a one or more 5-years period with possibility of 4 renewals extending the life of the registration for a maximum of 25 years.