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COUNTRY : CZECH REPUBLIC
CAPITAL : PRAGUE
LANGUAGE : CZECH & SLOVAK
The Intellectual Property Rights Office of Czech Republic is known as the Czech Intellectual Property Office.
Protection of Inventions in Czech Republic:
- THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office.
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on the European Patent Convention procedures.
INTERNATIONAL TREATIES TO WHICH CZECH REPUBLIC IS SIGNATORY
(i) Paris Convention for the protection of industrial property
(ii) Patent Co-operation Treaty PCT.
(iii) Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS .
(iv) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the purposes of Patent Procedure.
(v) European Patent Commission.
PATENT LEGISLATION IN CZECH REPUBLIC:
IP LAW IN CZECH REPUBLIC Czech follows the Civil Law system.
Patents in the Czech Republic are governed byPatent Law No. 527 of November 1990 as amended by Act No. 519 / 1991and are granted by the Philippines Intellectual Property Office
BASICS REGARDING PATENTABILITY OF INVENTIONS IN CZECH REPUBLIC:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for “a man skilled in the art it does not yield results in an obvious way from the state of the art”.
(iii). Industrial Application: of the invention would be when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture.
INVENTIONS NOT PATENTABLE IN CZECH REPUBLIC:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment by surgery or therapy on humans and animals.
- Plant varieties, animal breeds, essential biological processes for the production of plants and animals.
- Prejudicial to the Interests and Security of the Nation.
PartityPatents Law Firms through its associates in Czech Republic is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN CZECH REPUBLIC:
(i) Name & Address of the applicant.
(ii) Name & Address of the Inventor.
(iii) Specification comprising a description claims & drawings if any.
(iv) Priority Data if any.
(v) Background of the Invention.
(vi) Abstract of the Disclosure.
(vii) Summary of the Invention.
(viii) Detailed description.
(x) Request for the grant of the patent.
EXAMINATION OF THE PATENT APPLICATION IN CZECH REPUBLIC:
- Once the patent application is filed, it is scrutinised for defence & security aspects.
- Upon receipt of the patent application, its is subjected to preliminary examination
- Defects, amendments, corrections, if any, are to be rectified by the applicant within a stipulated period of time.
- Patent application is then published to which interested third parties may file their opposition.
- Applicant to request substantive examination to be carried out.
- Application in compliance with all the requisites and where no objections or opposition forthcoming, is registered and patent granted.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Czech Republic are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN CZECH REPUBLIC:
TERM AND KINDS OF PATENTS GRANTED IN CZECH REPUBLIC:
Patents with a term of 20 yrs.
Utility Models with a term of 10 yrs.
- Patents confer on holders and successors exclusive rights to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties so as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN CZECH REPUBLIC:
Compulsory Licence may not be granted before the expiry of the period of 4 yrs as from the filing date of the invention application or 3 yrs. as from the grant of the patent, whichever period expires last.
(i). A national emergency or other circumstances of extreme urgency exists;
(ii). Public interest is endangered;
(iii). A compulsory licence is mainly granted for the supply of the home market;
(iv). The inventor does not accept a due offer for a licence agreement on reasonable terms;
(v) Patent not utilised by patentee without justifiable reasons;
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Czech Republic, can assist you comprehensively with Compulsory Licence matters.