What Is a Consensual Patent?

A special form of patent protection in Croatia is a consensual patent.

Its main feature is that it is granted without substantive examination, i.e. on the basis of an agreement (consensus) of the public, if there are no objections from interested parties. A consensual patent can last for a maximum of 10 years. The process of protecting an invention by consensual patent is faster, simpler and cheaper than the process of obtaining a classical patent.

However, it should be borne in mind that a consensual patent provides protection only as long as no one opposes it. Throughout the protection period, any interested person may initiate a substantive examination procedure, in which it will be determined whether the invention meets the conditions for patent protection.

The new Patent Act NN 16/20 introduces patent protection by a utility model that replaced the institute of consensual patent; still, patent granting procedures initiated before the new Act coming into effect shall be completed as provided by the Patent Act OG 173/03, 87/05, 76/07, 30/09, 128/10, 49/11, 76/13 and 46/18, which means that it is still possible to apply for a consensual patent if the proceedings have been instituted under the provisions of that Act.

Consensual patents shall remain effective as granted.