II. Safety net

Yes

SIPO intends to propose amendments to the Industrial Property Act to enable validation of a European patent where a request for unitary effect has been rejected by the EPO.

Article 30a of the Industrial Property Act (Subsequent entry of the European patent in the register) enables validation of a European patent where a request for unitary effect has been rejected by the EPO (machine English translation):

(1) The holder of a European patent may, if the EPO has rejected the request of the holder of the European patent for the registration of the unitary effect of the European patent, within three months from the date of finality of the decision on the rejection of the request for the registration of unitary effect, request the entry of the European patent in the patent register at the Office. Attach the following to the request:

a) Slovenian translation of the patent claims of the European patent, as granted by the EPU, and any amended patent claims;

b) a copy of the pronouncement of the final decision, if any, of the Unified Patent Court and its Slovenian translation.

(2) The holder of the European patent shall pay the fee for publication and all fees for the maintenance of the European patent in the Republic of Slovenia within the period referred to in the previous paragraph, which have become due by the date of filing the request referred to in the previous paragraph, taking into account the first paragraph of Article 29 and Article 109 of this of the law.

(3) If the holder of a European patent acts in accordance with the first and second paragraphs of this article, the Office issues a decision on the entry of the European patent in the patent register at the Office and publishes information about this patent and the Slovenian translation of the patent claims.

(4) If the holder of a European patent, who submits a request from the first paragraph of this article, does not fulfil the requirements from the first and second paragraphs of this article in a timely manner, the European patent is considered null and void in the Republic of Slovenia.