05/08/2022
As announced recently by the EPO, Montenegro is set to become the next European nation and 39th member state to join European Patent Organisation (EPO). Montenegro’s ascension to the EPO was deposited on 15 July 2022 will take effect on 1 October 2022 – pursuant to Article 169(2) EPC.
Montenegro’s ascension to the EPO has been a lengthy process that started back in 2007 when Montenegro initiated discussions with the EPO regarding an Extension Agreement. The Extension Agreement is an agreement that makes it possible, at the applicant’s request, to extend protection conferred by European patents to an extension state. In 2009 Montenegro proceeded to sign the agreement and consequently became an extension state of the EPO as of 1 March 2010.
In October 2018, after 8 years of being an extension state and after requesting an invitation a few months earlier, Montenegro was formally invited by the EPO to accede to the European Patent Convention (EPC) i.e., the treaty that governs the EPO. After extensive discussions regarding the legislative changes required to comply with the obligations arising from becoming a member state of the EPO, the invitation was finally accepted and approved by the Montenegro Parliament on 29 December 2021.
It has been a while since we saw an expansion of the European Patent Convention (EPC) member states, with the last expansion to the member states taking place in 2010 when Albania and Serbia joined the EPC. It will be interesting to see whether Bosnia and Herzegovina, the only remaining extension state of the EPO, follows the footsteps of Montenegro to become a full member state.
Further, it will be interesting to see whether this ascension influences Montenegro’s patent portfolio. Data from WIPO suggest that Montenegro’s Patent portfolio is yet to flourish with only 21 patents being filed in 2020. Will we see these numbers increase in the upcoming years?
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
