Montenegro has still not ratified EPC and EP extensions are not possible in Montenegro for the time being. However, It is stated in the declarative manner in the Art. 15 of the Montenegrin "Decree securing the implementation of IP rights in Montenegro" that EP and PCT applications that entered the European phase as the European patent with the effect in Serbia also have effect in Montenegro. Art. 17. of the said Decree states that the EP with the effect in Serbia registered on the basis of an application for EP filed on or after June 3, 2006, but before coming into effect of the Agreement on Cooperation and Extension, shall be valid in Montenegro until the expiry of the period for which a maintenance fee has been paid to the Serbian Office, without additional re-registration. In case of expiry of the period for which a due maintenance fee has been paid to the Serbian Office, a subsequent extension of the period of protection shall be approved by the Montenegro Office which shall charge the maintenance fee.

In our opinion, until the ratification of the Agreement on Cooperation and Extension between Montenegro and the EPO, all actions in terms of extension and maintenance of the European Patents should be undertaken with the Serbian IP Office. We expect this issue to be resolved in the next couple of months.