About Utility Models

Original Language Title: o užitných vzorech

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
478/1992 Sb.



LAW



of 24 June. September 1992



about utility models



Change: 116/2000 Sb.



Change: 116/2000 Coll. (part)



Change: 501/2004 Sb.



Change: 221/2006 Sb.



Change: 303/2013 Sb.



The Federal Assembly of the Czech and Slovak Federal Republic

committed to this Act:



Basic provisions



§ 1



The technical solutions that are new, go beyond the mere

skills and are industrially usable, protects the utility designs.



§ 2



Technical solutions under this Act are, in particular:



and discoveries, scientific theories) and mathematical methods,



(b)) the mere presentation of the products,



(c)) plans, rules and methods of performing mental activity,



d) programs for computers



(e)) the mere placing of the information.



§ 3



Utility designs cannot be protected



and) technical solutions, which are in contradiction with the general interests, in particular with

the principles of humanity and morality, the public



(b)), varieties of plants and breeds, as well as the biological reproductive

materials,



(c)) ways of production or work activities.



§ 4



(1) the technical solution is new, if it is not part of the State of the art.



(2) the State of the art for the purposes of this Act, is all that was before the date

which is the responsibility of the applicant for the utility model right of priority (section 9),

published.



(3) the State of the art is not such a publication of the results of the work

the applicant or his legal predecessor, which occurred in the

the last six months before the filing of the utility model.



§ 5



The technical solution is capable of industrial application if it can be repeatedly

used in economic activities.



§ 6



(1) the right to protection of the utility model in the designer or his legal

the successor.



(2) the originator of the utility model is the one who created it's own creative

the work.



section 7 of the



Utility models entered the Office of industrial property (hereinafter referred to as "the authority")

in the register of utility models (hereinafter referred to as "the register").



Application and registration of the utility model



§ 8



(1) for registration in the register is applied for utility model application (hereinafter referred to as

"the application") filed in writing with the Office.



(2) an application for a utility model may contain only one technical solution

or group of solutions, which are linked to each other so that are effected

the only technical idea.



(3) the application shall contain:



and) an application for the registration of utility models, with the name of the

utility model,



(b) a description of the technical solution), where applicable, its documentation,



(c) claims for protection) in which it must be clearly and concisely the subject,

that has to be protected by the utility model.



(4) in the application form must indicate who is the originator of the subject of the application

utility model.



(5) a copy of the application must correspond to a single form and requirements,

that Office shall publish in the journal of the industrial property Office (hereinafter referred to

"the Gazette").



§ 9



(1) the filing of the application the applicant a right of priority arises.



(2) the right of priority, that results from the Paris Convention for the protection of

industrial property (hereinafter referred to as the "Paris Convention") ^ 1), must

the applicant applied already in the application and at the same time must include the date

filing of the application from which priority derives, its number and the State in the

which the application was filed, where applicable, the authority with which the application was

Filed under international treaties. On the challenge of the Office within the time limit laid

the applicant is obliged to prove this right; otherwise, to him

be taken into account.



(3) in the case of changes in the European patent application in which it was required

protection for the Czech Republic, on an application under section 8, the applicant may

claim the priority of the European patent application. For the application of the

the right of priority shall apply mutatis mutandis in paragraph 2.



§ 10



(1) if the applicant has been asked previously in the Czech Republic for the granting of

patent ^ 2) on the same technical solutions, the filing of the

should return the submission date, or even a right of priority from this

the application of the invention. The authority shall grant the application filing date and, where appropriate,

right of priority of the original application of the invention, if the application

filed not later than two months from the decision on the application of the invention,

but within a decade of its submission.



(2) the applicant for exercising the right pursuant to paragraph 1 shall, in the

period of two months from the filing of the application, submit a copy of the application

the invention, which, where appropriate, the date of priority, it relies on,

otherwise, to him shall be disregarded.



(3) a default judgment of the time limits referred to in paragraph 1 cannot be waived.



section 10a



Conversion of European patent applications on the application



(1) at the request of the applicant for a European patent application filed under the

article. paragraph 136. 2 of the European Patent Convention, the Office will initiate the procedure for the European

patent application as the application.



(2) if the application is submitted in accordance with paragraph 1, the Office shall invite the applicant

up to 3 months to pay the application fee in accordance with the Special

^ 2a) legislation and submitted in triplicate in the translation of the European

patent application into the Czech language.



(3) if the applicant fulfils the conditions laid down in paragraph 2 and the Office

the request for conversion of European patent applications received within 20 months from the

the date of priority, shall grant the application the priority of the initially

filed a European patent application.



§ 11



(1) if the application complies with the conditions laid down in section 8 and if its

the subject clearly in violation of section 2, 3 and 5, the authority utility model to

the register.



(2) the registration of the utility model in the register occurs according to its protection

of this law. To the applicant, that the registration of the utility model in the

the register becomes the owner of the utility model, the Office shall issue a certificate of registration

utility model in the register and registration of the utility model in the register shall notify the

in the Journal. After the registration of a utility model in the register, the Office shall publish the

the supporting documents referred to in section 8 (2). 3 (b). (b)), and (c)).



(3) if the application does not match the requirements specified in section 8, the Office shall invite the

the applicant to deficiencies within the prescribed period.

If the applicant fails to overcome its shortcomings within the time limit, the Office shall

management of the application stops. To this effect, the applicant must be

when fixing the time limits notified.



(4) if the application contains subject matter referred to in section 2 and 3, or if the

the subject of the application is manifestly contrary to section 5, the Office shall reject the application. Before

the release of the decision must be notified to the applicant the result of.



(5) the adjustments and changes in the application shall not go beyond the framework of its

the original filing.



(6) until the time of registration of the utility model in the register referred to in paragraph 1 may

the applicant shall divide the application. The Office shall accord excluded applications

the priority of the original application, if they do not go beyond its framework and if

will be submitted within three months of the written communication of the applicant that the

It intends to divide the application.



(7) at the request of the applicant for registration of a utility model, the Office will defer to the

the register, until the expiration of 15 months from the date of filing of the application.



The effects of the utility model



§ 12



(1) without the consent of the owner of the utility model no-technical solutions

a protected utility model in their economic activities, to

circulation or utilize.



(2) the owner of the utility model shall be entitled to give consent to the use of

the technical solution of a protected utility model (licences) to other people

or utility model to them to convert.



(3) the rights deriving from a patent granted on the basis of a patent application

with the later law of priority shall not be exercised in the event of a collision

without the consent of the owner of the utility model.



section 13



(1) the utility model does not act against it, who before the creation of the right of priority

use the technical solutions protected by utility model independently of the agents

or owner of the utility model or who perform the proven

measures (hereinafter referred to as "the prior user").



(2) in the absence of agreement, the previous user request for the Court to

the owner of the utility model right acknowledged.



§ 14



cancelled



Period of validity of the utility model



§ 15



(1) the utility model is valid for four years from the date of filing of the application, or from the

the filing of the previous application of the invention with the same subject (sections 10 and 10a).



(2) the period of validity of registration of a utility model shall be extended by the Office upon request

the owner of the utility model up to twice for three years.



(3) the period of validity of utility model can be applied as soon as possible in

the last year of its validity.



(4) if the registration of a utility model in the register after the end of the period

laid down in paragraph 1, the Office shall extend the period of validity of registration of a utility model

the model without the request of the owner of the utility model.



section 16 of the



Utility model shall lapse if:



a) expires;



(b)) the owner of the utility model, it gives up; in this case, the protection expires

the date on which a written declaration by the owner of the utility model is the Office.



The cancellation of the utility model



§ 17



(1) on a proposal from the Office of anyone deleted from the register of utility models



and) if not the technical solution to be eligible for protection under section 1 and 3,



(b)) if the subject is already protected by the utility model patent with effect in the territory of

The Czech Republic or the utility model with an earlier right of priority,



(c)) if the subject utility model goes beyond the original submission

application for a utility model.



(2) the deletion from the register of utility models has effects, as if the utility model

has not been registered in the register.



(3) if the reasons for deletion, only part of the utility model, utility model,

erase the part.



(4) the cancellation of the utility model of the register can be made even after the demise of the utility

the model (section 16), if the applicant can prove a legal interest.



section 18



(1) a proposal for the deletion from the register of utility models shall be filed with the Office in writing

in duplicate.



(2) a proposal for the deletion from the register of utility models must be objectively justified by

and at the same time must be submitted evidence that the proposal on the

deletion is based. The reasons for deletion, including the evidence, which the proposal

cited cannot be subsequently changed.



(3) the Office shall invite the owner of the utility model, to the proposal on the deletion of the

utility model from the register within the specified period. The owner of the

utility model presents its comments on the proposal for the deletion of the writing in the

duplicate.



(4) unless the owner of the utility model within the prescribed period, the Office

performs the erasure from the register of utility models.



(5) if the owner of the utility model within the prescribed period against the


the proposal for the deletion of the utility model of the register, the Office shall decide on the proposal. For

the procedure for deletion from the register of utility models shall pay an administrative fee

under special legislation, the party ^ 2a) management, which in

things have not had success.



§ 19



The withdrawal of the protection of



(1) the authority to withdraw the proposal if the owner of the utility model of the decision

the Court finds that the right to a utility model in accordance with section 6 was.



(2) a proposal for the withdrawal of the protection referred to in paragraph 1 shall be entitled to submit only

the person, which, according to the decision of the Court the right to utility model protection

the model, or its legal successor.



(3) On the proposal of the person, which is the responsibility of the right to protection of the utility model,

filed within one month from the final decision of the Court, the Office writes

This person as the owner of the utility model.



(4) if it is not filed at the transcript referred to in paragraph 3, the authority shall make the

the cancellation of the utility model of the register ex officio.



section 20



Index



(1) the Office shall keep a register in which it records the applicable data on the

applications of utility models and registered utility models.



(2) in the register for each utility model writes in particular:



and registration number) (certificate)



(b) the date of registration)



(c)) date of publication of the registration in the Gazette, utility model



(d)), the name of the utility model



(e) the date of filing of the application), where applicable, the right of priority and the reference

of the application,



(f) the applicant for a utility model) (name), his place of residence

(Head Office), where appropriate, his procedural representative,



g) surname, first name and residence of the originator of the utility model,



h) the owner of the utility model (name), residence (registered office)

where appropriate, his procedural representative,



(I) the right of prior user)



j) classification of utility model, according to the international patent classification,



the transfer of utility model),



l) licence



m) a compulsory licence,



n) to renew the registration, the



about the cancellation of the utility model),



p) withdrawal of protection, where appropriate, its transcription,



r) disappearance of protection.



(3) Note built under the civil code a ^ 2b) may cover only

the record in the register, which is characterized by the management of utility model as

the subject of ownership.



(4) in the Journal exposes the Office facts relating to utility models,

as well as official communications and decisions of fundamental nature.



Final provisions



section 21



(1) For proceedings before the Office shall apply the administrative code with the tolerances listed in

This Act and with the exception of the provisions concerning the verification of full powers for the

an indefinite number of proceedings, ^ 3) about the choice of several common

agents, ^ 3a) on the expiry of the Act, 3b) ^ ^ about interruption of the proceedings, ^ 3 c)

about the time limits for the issuance of a decision ^ 3d) and for protection against inactivity, ^ 3e)

further provisions on the specific characteristics of the procedure of the provisions of the

the composition of the Appeal Committee of the Commission and on the possible termination of the

decay of ^ 3f) and further provisions on participating in the proceedings; ^ 3 g)

administrative procedure for participating in the proceedings in accordance with the special law ^ 3 h)

apply.



(2) for the right to a utility model, spolumajitelské relations, to write

license agreements for use of the subject matter protected by the utility model, for

transfers of utility models, for relations to foreign countries for representation in

proceedings before the Office, for relief, for inspection

the files for the validity of the proceedings for the registration of utility models classified according to

specific provisions for the control and provision for the grant of compulsory

licences shall apply mutatis mutandis to the provisions of the law on inventions, industrial

patterns and improvement proposals. ^ 4)



(3) the final decision of the Office Against the action admissible against

the decision by a special legal regulation ^ 4a).



(4) for each of the operations under this Act, the Administrative Authority chooses

fees. ^ 2a)



section 22



This Act shall take effect on the date of publication.



Stráský v.r.



Kováč v.r.



Selected provisions of the novel



Article. (III) of the Act 116/2000 Sb.



Transitional provisions



1. The priority of the European patent application under section 9 (2). 3 can be

After the accession of the Czech Republic to the European Patent Convention.



2. The request for conversion of the European patent application on the application under section

10A can be made after the accession of the Czech Republic to the European patent

the Convention.



3. Pay the costs needed for the effective application of the rights of defence or

According to § 18 paragraph. 7 it is possible to apply only in proceedings for deletion utility

the model initiated before the date of entry into force of this Act.



1) Paris Convention for the protection of industrial property of 20 March.

March 1883 as revised in Brussels on 14 May. in December 1900, in Washington, d.c.

day 2. in June 1911, at the Hague on 6. November 1925, in London 2.

in June 1934, in Lisbon on 31 December 2004. October 1958 and at Stockholm on 14 July.

July 1967, published under no. 64/1975 Coll.



2) § 2 et seq.. Act No. 527/1990 Coll., on inventions, industrial

patterns and proposals for its improvement.



2A) Act No 368/1992 Coll., on administrative fees, as amended

regulations.



2B) § 986 of the civil code.



section 33, paragraph 3). 2 (a). (c)) of the administrative code.



3A) § 35 paragraph. 3 of the administrative code.



3B) section 41 of the administrative code.



3 c) section 64 and 65 of the administrative code.



3D) § 71 paragraph. 1 and 3 of the administrative code.



3E) § 80 of the administrative code.



3F) § 152 paragraph. 3 and 5 of the administrative code.



3 g) of section 27. 1 and 2 of the administrative code.



3 h) of section 27. 3 of the administrative code.



4) Eg. sections 8 to 10, 14 to 16, 64 to 68, 70, 71 and 75 of the law No. 527/1990

Coll., section 19 of the Decree of the Federal Office for inventions No. 550/1990 Coll., on

proceedings in matters of inventions and industrial designs.



4A) Act No. 150/2002 Coll., the administrative court rules, as amended

regulations.