Sufficient patent protection is, because of high investments in R&D, one of
the most important factors for further development of high-technological f
ields, like modern biotechnology. Unfortunately patent law and practice hav
e serious difficulties in keeping up with the rapid scientific progress in
these fields. European Union (EU) has attempted to adapt present patent leg
islation to the current state of the art in the field of biotechnology with
special legal act-The European directive on legal protection of biotechnol
ogical inventions (Directive) issued in 1998.
The comparison of patent legislation in Slovenia with those in EU shows tha
t the possibilities for protection of biotechnological inventions in Sloven
ia and EU are almost the same. The protection of industrial property in Slo
venia is regulated by Law on Industrial Property of 1992, which form togeth
er with several international treaties (like TRIPS Agreement, Paris Convent
ions, The Budapest Treaty, UPOV Conventions, etc.) signed by Slovenia, a le
gal frames for protection of inventions. Slovenian patent law is less restr
ictive than European Patent Conventions (EPC) and allows inventors to get e
ven broader protection for their inventions than they can get in EU. Patent
ing of some inventions whose patentability is by EPC explicitly excluded (p
lant and animal varieties) is possible in Slovenia. At the moment there is
a new Slovenian patent law in preparation. Its main purpose is, because of
the demands for harmonisation of Slovenian legislation with EU legislation,
to harmonise the text of Slovenian patent law with provisions of TRIPS Agr
eement, EPC and Directive. This will ensure to inventors and researchers in
Slovenia the same competitive environment in regard of protection of their
inventions as it have their colleagues in EU.