About Inventions And Rationalization Proposals

Original Language Title: o vynálezech a zlepšovacích návrzích

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38896&nr=527~2F1990~20Sb.&ft=txt

527/1990 Coll.



LAW



of 27 June. November 1990



about inventions and rationalization proposals



Change: 519/1991 Coll.



Change: 116/2000 Sb.



Change: 207/2000 Sb.



Change: 116/2000 Coll. (part), 173/2002 Sb.



Change: 59/2005 Sb.



Change: 501/2004 Coll., 413/2005 Sb.



Change: 221/2006 Sb.



Change: 378/2007 Sb.



Change: 303/Sb.



The Federal Assembly of the Czech and Slovak Federal Republic

committed to this Act:



§ 1



The purpose of the law



The purpose of the Bill is to modify the rights and obligations arising out of the creation and of the

the application of inventions and rationalization proposals.



PART THE FIRST



Inventions



HEAD FIRST



A patent for invention



§ 2



For inventions that meet the conditions established by this Act, grants

Industrial property Office (hereinafter referred to as ' the authority ') patents.



§ 3



The patentability of inventions



(1) Patents shall be granted for inventions which are new, are the result of

an inventive step and are capable of industrial application.



(2) in particular are not regarded as inventions



a) discoveries, scientific theories and mathematical methods;



b) aesthetic creations;



(c)) plans, rules and methods of the exercise of intellectual activities, playing games

or the exercise of a commercial activity, as well as computer programs;



(d)) of information.



(3) the patentability of items or activities referred to in paragraph 2 is

excluded, provided that the application for an invention or patent related

only these items or activities.



(4) the Ways of surgical or therapeutic treatment of the human or

animal body and diagnostic methods practised on the human or animal

the body is not considered to be capable of industrial application of inventions referred to in paragraph

1. This provision shall not apply to products, in particular substances or mixtures

intended for use in these methods of treatment and when these

diagnostic methods.



§ 4



Exclusions from patentability



Patents do not confer:



and for inventions whose) use would be reluctant to public order or

good morals; It cannot be inferred merely from the fact that the use of the invention is

prohibited by law or regulation;



(b)) on plant varieties and animal breeds or essentially biological processes for the

the production of plants or animals; This provision does not apply to

Microbiological methods and products in the following ways.



§ 5



The novelty of the



(1) an invention is new if it is not part of the State of the art.



(2) the State of the art is all to what it was before the date from which it is for the

the applicant the right of priority (section 27), to have access to the public

in writing, orally, or in any other way.



(3) the State of the art, it is the content of patent applications filed in the United

Republic with an earlier right of priority, if on the day on which the

It is for the applicant for the right of priority, or after that date published

(section 31). This also applies to international applications inventions with an earlier

the right of priority, in which the Office is the designated Office ^ 1a) and the European

patent application (article 35a) with an earlier right of priority which is

validly designated the State Czech Republic. The application of inventions classified

According to the special regulations are laid for the purposes of this provision in

published by the expiry of the 18 months since the creation of the right of priority.



(4) the provisions of paragraphs 1 to 3 shall not exclude the patentability of use

the substance or mixture in the ways referred to in § 3 (1). 4 if its

use in these ways is not part of the State of the art.



(5) the State of the art is not a disclosure of the invention, for which there was no

earlier than six months preceding the application for a patent and are directly

or indirectly, under



and for the obvious abuse) due to the applicant or his legal

predecessors,



b) from the fact that the applicant or his legal predecessor

posted by invention of official or officially recognised international exhibition

^ 1 of the Treaty). In this case, the applicant must, when filing

patent application noted that the invention was exposed and, within four months after the

the filing of the certificate, to prove that the invention the invention was exposed to

According to the international treaty.



§ 6



Inventive step



(1) the invention is the result of an inventive step if, for a specialist

It does not state the obvious way of techniques.



(2) for the assessment of inventive step, however, is not the record contents

patent applications, which, on the date from which it is for the applicant for the

the right of priority, have been published (section 31).



§ 7



The industrial application



An invention shall be considered industrially usable, if its subject matter may be

manufactured or otherwise used in industry, agriculture or other

areas of the economy.



§ 8



The right to the patent



(1) the right to a patent of invention in the designer or his successor in title.



(2) the author of the invention is the one who created it's own creative work.



(3) Spolupůvodci have the right to a patent in the extent to which they participated in the

the creation of the invention.



A corporate invention



§ 9



(1) if the originator an invention Created to fulfill the task of employment, from

Member, or other similar employment relationship (hereinafter referred to as

"the employment relationship") to the employer, the right to the patent shall pass to the

the employer, unless the Treaty provided otherwise. The right to paternity

This does not affect.



(2) the originator that created the invention in an employment relationship shall be required to

the employer shall immediately notify in writing of this fact and pass

him the documents required for assessment of the invention.



(3) does not apply if the employer within three months of the notification referred to in

the provisions of paragraph 2 to the originator the right to the patent shall pass this right

back to the originator. Employer and the originator are in this period of time required to

keep against third parties about the invention secrecy.



(4) the originator that created the invention in the employment relationship, to which the

the employer applied the right to the patent, is entitled to against the employer of the

adequate remuneration. The amount of the technical and economic

the importance of the invention and the benefit achieved its possible recovery or other

through the application, taking into account the material of the employer's share of

on the creation of the invention and the scope of work of the originator. If he gets

already paid the remuneration to the apparent disparity with benefits achieved

a subsequent use of or other application of the invention, the originator has the right to

additional settlement.



§ 10



The rights and obligations arising from the provisions of § 9 remain after the end of

employment of the agent of the employer intact.



The effect of the patent



§ 11



(1) the proprietor of the patent (section 34) has the exclusive right to exploit the invention,

give consent to the use of the invention to others, or patent

convert.



(2) the effects of the patent shall ensue from the date of the notice of grant of a patent in

Journal of industrial property Office (hereinafter referred to as "the Gazette").



(3) it is for the applicant for reasonable compensation from the person who after

the publication of the patent application (§ 31) its subject-matter. The right to

adequate compensation can be claimed from the date from which the effects

the patent.



(4) in the case of an international application, which asks for the grant of a patent in

The Czech Republic, which was published under international treaties,

It is for the applicant the right to appropriate compensation in accordance with paragraph 3 to

After the publication of the translation in the English language (§ 31).



§ 12



(1) the scope of protection conferred by a patent or application for a patent is

defined in the wording of patent claims. On the interpretation of patent claims,

It's also the description and drawings.



(2) for the period up to the grant of a patent is the scope of the protection resulting from

application for a patent is defined by the text of the patent claims contained in the

application published pursuant to section 31. The patent was granted or as amended in the

of the revocation pursuant to § 23, however, retroactively determines the extent of protection

arising from the patent application, provided that the protection is not extended.



section 13 of the



Prohibition of direct use of the



No person shall, without the consent of the patent owner



and) making, offering, the placing on the market or using a product which is

the subject of the patent, or for the purpose of importing the product or store, or

with him in any other way dispose of;



(b)) to use the method that is the subject of a patent, where appropriate, to offer this

How to use;



(c)) offer, the placing on the market, use or import for this purpose or

store the product directly obtained by the way that is the subject of a patent;

identical products are considered to be obtained in a manner that is

the subject of the patent, if it is overwhelmingly likely that the product has been made

in a way, which is the subject of the patent, and the patent owner is over

reasonable efforts could not determine the production method used, indeed, until

It is proven otherwise. The taking of evidence to the contrary it is necessary to conserve the rights of

arising from the protection of trade secrets. ^ 1b)



§ 13a



Prohibition of indirect use of the



(1) No person shall, without the consent of the patent owner to supply and/or delivery

offer to a person other than the person entitled to exploit the patented

invention, the resources of a substantial element of the invention and

in this regard, to its implementation, if it is due to the

Obviously, the circumstances that such means are suitable for the implementation of

patented invention and are intended for him.




(2) paragraph 1 shall not apply where these resources are commonly

occurring on the market, unless the third party has affected customer, in order to

committed the Act prohibited section 13.



(3) the persons carrying out the activities referred to in section 18 (a). (c) to (e)))

not considered to be persons entitled to exploit the invention within the meaning of paragraph 1.



§ 13b



Exhaustion of rights



The patent owner has the right to prohibit third parties from disposing of the product,

that is the subject of the protected invention, if this product has been

placed on the market in the Czech Republic, the owner of the patent or with his

consent, unless there were reasons for the extension of the patent rights on the

those activities.



§ 14



(1) consent (license) to use of the invention protected by the patent is

provides a written contract (hereinafter referred to as "license agreement").



(2) the license contract shall become effective against third parties by registration in the

patent register (section 69).



§ 15



A patent is transferred by written agreement, which shall take effect in respect of third

the persons entered in the patent register.



section 16 of the



Patent Spolumajitelství



(1) it is for the same patent rights to several persons (hereinafter referred to as

"co-owners"), manage the relationships between them, the General provisions on the

mutual ownership ^ 2).



(2) unless otherwise agreed, the owners have the right to exploit the invention

each of the co-owners of the patent.



(3) a valid license is required, if not agreed

otherwise, the consent of all the co-owners; each of the co-owners shall be entitled to

claims of infringement of a patent by itself.



(4) the transfer of a patent is required the consent of all the co-owners.

Co-owner is entitled to, without the consent of the other convert your share only

on one of the co-owners; to a third person may transfer your share

just in case, that none of the co-owners has not taken within one

months a written offer of the transfer.



Limitation of the effects of the patent



§ 17



(1) the Patent does not act against any person who before the establishment of the right of priority (section 27)

He used the invention independently of the originator or owner of the patent or who

This he has done demonstrable measures (hereinafter referred to as "the prior user").



(2) If no agreement is reached, the previous user request for the Court to

the owner of the patent the right acknowledged.



section 18



The patent owner's rights are not violated, the use of the protected

the invention:



and on the ships of other countries) which are members of the Paris Convention for the protection of

industrial property (hereinafter referred to as the "Paris Convention") ^ 3), which is

Czech Republic is bound (hereinafter referred to as "EU countries"), in housing, in

the machines, in the ship's rigging, equipment and accessories in another, when

These boats get temporarily or accidentally to the Czech Republic,

If these objects shall be used only for the needs of the vessel;



(b)) in the construction or operation of aircraft or vehicles of EU countries or in

components of these aircraft or vehicles, if they temporarily or

randomly to the United States,



(c) when an individual preparation of the drug) in a pharmacy based on medical

prescription drug-including waste prepared as follows;



(d)) in the activities carried out for non-commercial purposes;



(e)) in the activities carried out by the subject matter of the invention for experimental purposes

including experiments and tests required under a special legal

prescription ^ 3a) before putting the drug on the market.



§ 19



The offer of a licence



(1) declares the applicant to the Office, where appropriate, the holder of the patent, that the

anyone will provide the right to use the invention (license),

the right to the use of the invention to anyone who accepts the offer of a licence and in writing

It shall inform the applicant for or proprietor of the patent. The Office menu licenses

be indicated in the patent register.



(2) a statement of the license menu cannot be undone.



(3) the emergence of the rights to the use of the invention shall not affect the right of the owner of the

the patent on payment of the price of the license.



(4) For the maintenance of the patent, to which the owner of the offered license

referred to in paragraph 1, shall pay the fees under a special legal

prescription ^ 3b) only half of the amount.



section 20



Compulsory licence



(1) if the proprietor of the patent not used gratuitously invention at all or it

uses the underpaid and did not accept the tender within a reasonable time on the

the conclusion of the license agreement, the Office may, on a reasoned request

grant a non-exclusive right to use the invention (compulsory licence); This

compulsory licence cannot be granted before the expiration of four years from the filing of the application

the invention, or 3 years from the grant of the patent, whichever period which

the later.



(2) a compulsory license may also be granted if there are reasons

threats to vital public interest.



(3) the decision to grant a compulsory licence authority with regard to the

circumstances of the case lays down the conditions, scope and duration of the compulsory

the license. A compulsory licence may be granted for the supply to the domestic market.



(4) a compulsory licence may not be transferred otherwise than in the context of the transfer of an undertaking

or part thereof in which the entrepreneur the invention under a compulsory licence

uses (hereinafter referred to as ' the holder of a compulsory licence ").



(5) the holder of a compulsory licence may, during the period of its duration to give up

the right to exploit the invention by filing made at the Office; the date of receipt of this

administration of the effectiveness of the decision to grant a compulsory licence shall cease to exist.



(6) at the request of the patent owner, which demonstrate that the conditions have changed

for the grant of a compulsory license, without it being possible to expect their

reassembly of the change, or that the holder of a compulsory licence for a period of one

the year does, or does not comply with the conditions laid down when issuing the compulsory

license, the authority of a compulsory licence shall revoke or amend the terms, scope or

the duration of the compulsory licence.



(7) the Grant of a compulsory licence shall not prejudice the right of the proprietor of the patent to

payment of the price of the license. If the price of the licence is not agreed upon by the participating

the parties, at the request of the Court it shall determine, taking into account the importance of the invention and

the usual prices of licenses in a given field of technology.



(8) a compulsory licence shall be entered in the patent register (section 69).



section 21



The period of validity of the patent



(1) a Patent is valid for twenty years from the filing of the application of the invention.



(2) for maintaining the patent in force, the owner is required to pay

fees each year under special legislation. ^ 3b)



(3) the rights of third persons in good faith to have begun after the expiry of

the deadline for the payment of a fee to the use of the subject matter of the invention or to

This use of have made serious and effective preparations are not paying

This charge in the additional period of time.



section 22



The demise of the patent



A patent shall lapse if:



a) expires;



(b) fails to pay the patent owner) within the time limit applicable

maintaining the patent in force ^ 3b);



(c) the owner of the patent to him) give up; in this case, the patent shall lapse on the date

written declaration of the owner of the Patent Office there.



Article 23 of the



The cancellation of the patent



(1) the Office shall cancel the patent if it transpires,



and that the invention did not meet conditions) patentability;



(b)) that the invention described in the patent is not so clearly and completely, in order to

the practitioner should take place;



(c) the subject-matter of the patent goes beyond) that the content of the initial filing of the application

the invention, or that the subjects of the patents granted on the basis of the distribution of

applications extend beyond the content of the original submission, or if the range was

the protection conferred by a patent is extended;



(d)) that the patentee is not entitled to it under section 8; the cancellation of this

If the Office performs at the suggestion of an authorized person (§ 29).



(2) if the grounds for revocation of the patent, the only parts of the patent shall be revoked

partially. Partial annulment of a patent is done by changing its claims,

the description or the drawings.



(3) the revocation of the patent has a retroactive effect from the date of the beginning of its period of validity.



(4) an application for revocation of a patent may be filed even after the demise of the patent, if he proves

the claimant a legal interest.



THE HEAD OF THE SECOND



The proceedings for the grant of a patent



The application of the invention



section 24



(1) proceedings for the grant of a patent shall be initiated by filing patent applications for

The Office.



(2) the authority is the place in which the citizens of the Czech Republic, as well as any other person,

which are on the territory of the Czech Republic is resident or established, may be submitted by

of the international application.



(3) Office is the place where the European patent application may be filed

under the Convention on the grant of European patents done at Munich on 5 July 2004.

October 1973 (hereinafter referred to as the "European Patent Convention"); This does not apply for

split the European patent application.



(4) if the European patent application or international application

information classified under a special legal regulation, ^ 4a) is

the applicant shall submit to the Office, and at the same time accompanied by the consent of the

The National Security Bureau to submit such an application.



(5) the applicant is obliged for the filing of the application in accordance with paragraphs 1 and 2

pay an administrative fee in accordance with special regulations ^ 4) and in the case of

international application referred to in paragraph 2 to pay also charges

provided for under international treaties for the international control of application

the invention; the amount of the Office shall notify in the Gazette.



§ 25



(1) in the application of the invention must be disclosed, who is his agent.



(2) the authority shall, at the request of the originator does not set his name to publication of the application

the invention and the notice of grant of a patent.



section 26




(1) an application for an invention may relate to only one invention or

a group of inventions so related to each other, forming a single General

the idea of the inventive step. If it is in one of the application required the protection of the

a group of inventions is the requirement of unity of invention is lacking, if

between these inventions there is a technical relationship that covers a single

or more of the same or corresponding special technical features.

Special technical characters means such technical characters that

determine the contribution of each of the inventions, considered as a whole, to the State

techniques.



(2) the invention claimed in the application of the invention must be explained so clearly and completely,

to be an expert. If the invention of industrial production

the micro-organism, must be stored in the public culture collection from the date of

which it is for the applicant for the right of priority.



(3) in case of doubt the Office may require the applicant to give a

the subject of the application for a patent or in any other way has demonstrated its

usability. To demonstrate this, it is considered that the přihlašovaný course

It is not usable.



section 27 of the



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



(2) the right of priority, resulting from international treaties, ^ 3) must

the applicant has to apply already in the application of the invention and the challenge of the authority is in

time limit fixed by the Office to demonstrate, otherwise it shall be disregarded.



(3) the right of priority referred to in paragraph 2 may be applied, if the application is

the invention is brought in the State or a State which is a Contracting Party to

^ 3) of the Paris Convention or which is a member of the world trade

Organization; ^ 4b) if the State in which the first filing of the application is made

the invention, is not a party to the Paris Convention or a member of a ^ 3) World

Trade Organization, ^ 4b) can be the priority of this Administration to admit

only under the condition of reciprocity.



section 28



(1) if the competent authority initiated proceedings in the dispute about the right to

Patent Office about the application of the invention.



(2) for the duration of the stay of proceedings to build the periods laid down in this

by law, with the exception of the period pursuant to the provisions of § 31 para. 1.



(3) the right of priority remains intact, if so requested by a legitimate

the continuation of the proceedings by the applicant within three months from the final

the decision on the right to the patent. Acts before the interruption of proceedings

leading to the grant of a patent shall be deemed to be valid also for the further procedure.



section 29



(1) the authority shall, where appropriate, the application overrides the invention patent, on the person of the

where the Court decides that is the originator of the invention.



(2) the authority of the applicant or the patent owner overrides, if

the competent authority in a dispute about the right to a patent decides that this right

It is for the other person.



A preliminary exploration of the application of the invention



section 30



(1) the Office shall subject the application of the invention prior to the survey,



and that does not include the subject) that is manifestly contrary to the provisions of section 3 of the

paragraph. 1 or § 26 para. 2,



(b) does not include a subject line) whether under the provisions of section 3 (2). 2 or § 4,



(c) whether it has weaknesses) that prevents its disclosure



(d) whether the applicant has paid the relevant) administrative fees. ^ 4)



(2) if the application contains subject matter of the invention that is manifestly contrary to the

the provisions of § 3 para. 1 or § 26 para. 2, or contains the subject according to the

the provisions of § 3 para. 2 or § 4, the Office shall reject the application. Before

the refusal of an applicant must be able to background on the

the basis is to be decided.



(3) if the application contains subject matter of the invention, which has shortcomings that prevent

its disclosure, or if the applicant fails to pay the

administrative fees, ^ 4) invite the applicant to make the required

the time limit to the above comment, and its deficiencies.



(4) in the event that the applicant has not removed within the time limit

the shortcomings of the application for a patent, which prevents its disclosure, or

If the applicant fails to pay the applicable charges, ^ 4) Office management

stops. To this effect must be the applicant in the determination of time limits

notified.



section 31



(1) the Office shall publish the application invention after the expiry of 18 months from the inception of the

the right of priority and such publication shall be notified in the Gazette.



(2) an application for an invention may be published before the deadline referred to in

paragraph 1 shall apply if the applicant no later than within 12 months

Since the creation of the right of priority shall pay an administrative fee in accordance with a special

legislation. ^ 4) the Office shall publish the application invention before expiry of the period

referred to in paragraph 1, if it has been granted a patent for the invention; without the consent of

the applicant Authority shall not disclose, however, the application of the invention before expiry of the

the 12 months since the creation of the right of priority.



(3) the authority may be filed together with the invention of the publish status report

Engineering (research) related to the invention claimed in the application.



§ 32



(1) after the publication of the patent application, any person may submit to the Office

comments on the patentability of the subject-matter; the comments of the Office of the

taken into account in the full survey of the application of the invention.



(2) persons who submit their comments in accordance with paragraph 1, are

the proceedings for the application of the invention. The applicant of the invention, however, must

be notified about comments.



For a complete survey of patent applications



§ 33



(1) the Office shall subject the application of the invention a complete survey finds

meets the conditions laid down in this law for the grant of a patent.



(2) the authority performs a full exploration of the application for a patent at the request of

of the applicant or another person, or it may carry out ex officio.



(3) the request to conduct a full survey must be submitted no later than

36 months from filing the application for a patent and cannot be taken back. The applicant is a

together with the application required to pay an administrative fee in accordance with special

legislation. ^ 4)



(4) the authority shall initiate the full survey immediately after the submission of the application.



(5) If a request to conduct a full survey was not properly filed in the

the time limit referred to in paragraph 3, as appropriate, within the same period, the Office has commenced a full

the exploration of the patent application, the Office shall ex officio procedure for application

the invention of the stops.



§ 34



(1) if the conditions laid down for the grant of a patent are met, the Office

the application of the invention will be rejected. Before refusing an application for a patent must be

the applicant allowed to comment on the documents, on the basis of which has a

be about the application of the invention has been made.



(2) in the event that the applicant does not remove the defects within a prescribed period

the application, which prevent the grant of a patent, the Office management application

stops. To this effect must be the applicant in the determination of time limits

notified.



(3) if the subject meets the conditions set by the application for a patent, and

the applicant shall pay the administrative fee in accordance with special

^ 4) regulations, the Office shall grant a patent to the applicant; the applicant becomes a

the owner of the patent. The owner of the Patent Office shall issue the patent document in which

the name of the originator and which includes a description of the invention and patent

claims, and the grant of a patent shall be notified in the Gazette.



§ 35



If patent applications with the same subject more, may only be given

one patent.



THE HEAD OF THE THIRD



THE EUROPEAN PATENT APPLICATION AND EUROPEAN PATENT



section 35a



(1) the European patent application with the effects for the Czech Republic (hereinafter referred to

"European patent application"), which was granted a filing date,

in the Czech Republic has the same effects as an application for an invention made pursuant to

section 24 on the same date. Shall enjoy the right to a European patent application

the priority of an earlier date than the date of filing of the European patent

the application applies to the granting of the application that the earlier date effects.



(2) if the European patent application is withdrawn or if the

deemed to be withdrawn, it has effects as the termination of the proceeding concerning

the application of the invention pursuant to § 64 para. 2. where the European patent

application is rejected, this has the same effect as a refusal of the application

the invention pursuant to § 34 paragraph 1. 1.



(3) restoration of rights of the European Patent Office to the applicant of the European

the owner of a patent application or a European patent having effect in

The Czech Republic (hereinafter referred to as the "European patent") is also valid in the United

Republic.



(4) if the European patent application was the European patent

the Office published, its by the applicant, the translation of patent

claims in the Czech language and paid the administrative fee for making

According to a special legal regulation, ^ 4) the authority shall make the translation

to the public and shall notify in the Gazette. The applicant may

After this disclosure to claim reasonable compensation in accordance with § 11 para. 3,

If you have a patent granted European Patent Office effects in the United

Republic (§ 35 c).



(5) for the interpretation of the scope of protection under the European patent

the application is determined the content of European patent applications revised

the text of a European patent in the language in which the European patent

the Office of the European patent application covered the period of the proceedings; where it is clear from the

European patent protection wider than in the published European patent


the application is the protection provided by the only to the extent that shows how

in the published European patent application and granted by the European

the patent. If the translation of the patent claims referred to in paragraph 4

does not match the text in the language of the proceedings, the protection of the European

patent application apply only to the extent that it is obvious from her

translation into Czech language.



(6) if the applicant shall submit to the Bureau a corrected translation of claims

in the Czech language, the corrected translation of pay instead of the original

translation from the date a notice of disclosure in the Gazette; for this

disclosure is required to pay the administrative fee by the applicant under

special legislation. ^ 4) the rights of third persons in good faith

use or made serious and effective preparations for the use of the subject

the European patent application, which, according to the translation submitted by the

the applicant has the scope, use the subject of the European

patent applications are not affected by delivery of new translation.



§ 35b



Amendment of the European patent application in the national application form



(1) the authority shall, at the request of the applicant for a European patent application filed

within the meaning of article 87(1). 136 para. 2 of the European Patent Convention shall initiate the procedure for the

This application as a national application.



(2) if the Office receives an application referred to in paragraph 1, it shall invite the applicant to

up to 3 months in triplicate and submitted a translation of the European patent

application into the Czech language and pay the fee for filing the application

of the invention.



(3) if the applicant has complied with the conditions laid down in paragraph 2 and

Office of the change request, the European patent application received to 20 months

from the date of priority, the Office shall accord to the national application form right

the priority of the initially filed a European patent application.



(4) the authority shall, at the request of the applicant shall consult the European patent

application filed pursuant to paragraph 1 as a national utility model application

the model under special legislation. ^ 4 c) the provisions of paragraphs 2 and 3

shall apply mutatis mutandis.



§ 35 c



The effects of the European patent



(1) a Patent granted European Patent Office has the same effects as

a patent granted pursuant to § 34 paragraph 1. 3.



(2) the effects of the European patent in the Czech Republic to occur on the day in which the

It was announced the grant of a European patent in the European patent

Journal; the owner of the patent is obliged to transmit to the Office within 3 months of this

the date of the translation of the patent in the Czech language, and pay an administrative

the fee for its publication in accordance with special legislation. ^ 4)

The patent holder is at the same time obliged to submit to the Office an address in the United

Republic, where he will be sent to the official report concerning its

the patent. Office of the grant of a European patent shall be notified in the Gazette and translation

the European patent shall be published.



(3) if the translation of the European patent into the language Czech

submitted within the time limit referred to in paragraph 2, the owner of the European

of the patent to submit within a further period of three months, will pay at the same time

administrative charge under special legislation. ^ 4)



(4) if the translation of the European patent into the Czech language

submitted or within the time limit referred to in paragraph 3, the European patent in the Czech

Republic considered inefficient from the very beginning.



(5) after the announcement of the grant of a European patent in the European patent

Journal of the European patent Office writes to the Czech register of European

patents with data which shall be entered in the European patent register.



§ 35d



The scope of protection of the European patent



(1) for determining the extent of protection conferred by a European patent is

governing its wording in the language in which the European Patent Office

was the procedure for European patent application; However, if from the

translation of Patent Office granted pursuant to section 35 c of paragraph 1. 2

shows the protection of narrower than in the language of the proceedings, a third party may

rely on this translation.



(2) the proprietor of a European patent is entitled to submit to the Office a corrected

translation of a European patent into the Czech language. The corrected

the translation will be applied instead of the original translation after publication of this

the corrected translation Office; for this publication is the owner of the European

the patent shall be obliged to pay a fee according to a special legal

prescription. ^ 4)



(3) the rights of third persons on the territory of the United States in good faith

use or made serious and effective preparations for exploitation of the subject matter,

which, according to the translation of relevant at the time before the publication of the revised

the Translation Bureau has the range of a European patent, use this

the subject of the delivery of the new translation are not affected.



§ 35e



Prohibition of double protection



(1) where a national patent granted for the invention, to which it was same

the owner or his successor in title is granted a European patent with the same

the right of priority, a national patent in the extent to which coincides with

the European patent becomes ineffective to the date on which the period for

statement of opposition against the European patent without opposition or

the date of the decision, which was in control of the resistance of the European patent

preserved.



(2) the national patent is not effects under section 11 (1) 2 to the extent

which coincides with the European patent is granted only after a

the deadline for the filing of opposition against the European patent without opposition,

or after the decision, which was in control of the opposition, the European

the patent maintained.



(3) cancellation of a European patent under § 35f para. 5 the provisions of

without prejudice to paragraphs 1 and 2.



§ 35f



Revocation of the European patent



(1) if the European Patent Office European patent, where appropriate, to

preserves in the amended version, this decision has effects in the United

Republic.



(2) the revocation of a European patent or maintain them in its amended

the texts referred to in paragraph 1, the Office shall notify in the Gazette.



(3) if the European patent in proceedings for opposition maintained as amended

The European Patent Office, its owner shall, within 3 months from the

the date of notification of this change in the European Patent Bulletin pass Office

as amended patent translation into the Czech language and

pay the publication fee. The Office shall maintain a European patent in the

the amended version shall notify in the Gazette and the translation of the amended text of the

patent shall be published.



(4) if the translation of the European patent as amended

the case-file submitted within the time limit referred to in paragraph 3, the European patent

The Czech Republic for the ineffective from the outset.



(5) if the time limit laid down in vain to the European Patent Convention

statement of opposition, or if of the opposition procedure was not the European

patent has been revoked, a European patent may be cancelled by the Office under paragraph 23; The Office of the

the revocation of a European patent is interrupted, if before the European

Patent Office of the opposition procedure concerning the same matter. If, in the

control of resistance of the abrogation of a European patent, the Office shall, at the request

will be in proceedings relating to revocation of the patent to continue.



(6) in proceedings for the revocation of a European patent is binding on its wording in the

the language of proceedings.



§ 35 g



(1) the maintenance of a European patent is in force, the owner shall be obliged to

pay fees under special legislation. ^ 3b)



(2) the rights of third persons in good faith to have begun after the expiry of

the deadline for the payment of a fee to the use of the subject matter of the invention or to

This use of have made serious and effective preparations are not paying

This charge in the additional period of time.



CHAPTER FOUR



GRANTING OF SUPPLEMENTARY PROTECTION CERTIFICATES FOR MEDICINAL PRODUCTS AND FOR PRODUCTS

PLANT PROTECTION PRODUCTS



§ 35 h



(1) the authority granted for a substance protected on the territory of the United States with a valid

patent of supplementary protection certificates (the "certificates") if

are the active substances, preparations, which are subject to the prior to placing on the market

registration under special legislation. ^ 4 d)



(2) the active substance is chemically manufactured substance or mixture of substances,

the micro-organism or a mixture of micro-organisms that have a general or

specific therapeutic or preventative effects in relation to the diseases of the people

or animals or they may be submitted in order to determine the disease,

improvements or modifications to health or which are intended to

protect plants or plant products.



(3) the product referred to in paragraph 1 is an active substance or a mixture containing

one or more active substances processed into a form that is referred to

on the market as a drug, ^ 4e) or as a plant protection product. ^ 4f)



§ 35i



Application for the grant of a certificate



(1) an application for the grant of the certificate serves a patent owner

is the substance, with the exception of a patent granted in accordance with section 82, or a way to get

a substance or the use of a substance as a drug or as a

plant protection products (hereinafter referred to as "basic patent"), or his legal

the successor.



(2) an application for a certificate shall be lodged within six months from the date of the decision

product registration under special legislation; ^ 4 d) if

registration is performed before the basic patent, the application must be

for a certificate is lodged within a period of 6 months from the date of grant of the patent.




(3) an application for a certificate shall contain



and) an application for certification, which States:



1. the name and address of the applicant,



2. the name and address of the representative, if the applicant is represented,



3. the number of the basic patent and the title of the invention,



4. the number and date of the first marketing authorisation under special laws

; ^ 4 d)



(b)) a copy of the authorisation issued in accordance with the Special

legislation, 4 d) ^ ^ in which the product is identified, including a summary of

product information for the drug;



c) chemical, generic or other terminology that enable identified substance

basic patent-protected with a registered product.



(4) the application for grant of a certificate, the applicant is required to pay the

administrative charge under special legislation. ^ 4)



(5) submission of an application for grant of a certificate, the authority shall enter in the patent

Register and published in the Gazette. The publication shall bear the name and address of the

the applicant, the number of the basic patent and the title of the invention, which is a patent

protected, the number and date of registration, including the designation of the product, the

placing on the market is this registration allowed.



§ 35j



The conditions for the granting of a certificate



The Office grants a certificate, if the date of application pursuant to § 35i are

subject to the following conditions:



and applies the basic patent) on the territory of the Czech Republic;



(b)) product containing the active substance basic patent-protected and is

validly registered as a drug or as a plant protection product

under special legislation; ^ 4 d)



(c)) the substance has not yet been granted authorisation;



d) registration under subparagraph (b)) is the first authorization to place the product in bulk

the drug produced in the Czech Republic or the first authorization to place the

the plant protection product on the market in the Czech Republic.



§ 35 k



The granting of a certificate



(1) if the application complies with the certification requirements set out in § 35i

and the substance for which the certificate is sought, satisfies the requirements referred to in § 35j,

the Office shall grant the certificate entered in the patent register. In

the certificate shall indicate the Office



and the name and address of the owner) of a certificate;



(b)) number of the basic patent and the title of the invention;



(c)) number and date of first registration, the authority which issued a decision on the

the registration, and the designation of the preparation, placing on the market of which this

Registrations permitted;



(d) the period of validity of the certificate.)



(2) the certification authority shall publish in the Gazette. The publication will be

the information referred to in paragraph 1.



(3) if the request does not meet the certification requirements set out in §

35j, the Office shall invite the applicant to supply in due time.

If the applicant does not complete the submission within the prescribed period, the Office of management of the stops; on

This fact, the applicant must be notified.



(4) are not complied with the conditions for grant of a certificate, the application for the grant of

the certificate will be rejected.



(5) the refusal of the application for a certificate and the suspension of the procedure for grant of

certification authority shall publish in the Gazette; the publication shall state the information

referred to in § 35i para. 5.



§ 35 l



The subject and effects of the certificate



(1) within the limits of the protection resulting from the basic patent, the protection

the certificate applies to the chemical substance or mixture of substances, the micro-organism

or a mixture of micro-organisms that are active substance registered

of the product, and the use of the patent in each subject as the drug or preparation

plant protection product that has been authorized before the expiry of

the certificate.



(2) a certificate from the same rights as the result of the basic patent; on

the certificate shall be subject to the same restrictions and stem from the same

obligations as of the basic patent.



§ 35 m



Validity of the certificate



(1) the certificate shall be valid for a period corresponding to the period which elapsed between the date

the filing of the basic patent and the date of the first authorization to allow

product on the market in the Czech Republic as a medicinal product or as a

plant protection product is reduced by 5 years, but no longer than 5 years from the

the date on which the certificate came into effect.



(2) the certificate shall take effect at the end of the statutory period of validity

the basic patent.



(3) the maintenance of a certificate in force, the owner is required to pay

fees each year under special legislation. ^ 3b)



(4) the rights of third persons in good faith to have begun after the expiry of

the deadline for the payment of a fee for maintaining a certificate in force with

the use of the invention or to implement such a serious and effective use of

preparation, are not paying this fee in the next period.



§ 35n



The demise of the certificate



(1) the certificate expires



and end of the period of its validity) pursuant to § 35 para. 1;



(b)) if it gives up its owner;



(c) does not pay its) owner of the fees for maintenance of certification in

validity;



(d)) if the product can no longer be placed on the market because of the cancellation of the

or termination of registration;



(e) a certificate under section) cancellation of 35o.



(2) the termination of the Certificate Authority entered in the patent register and shall, in

Journal.



§ 35o



Cancellation of certificate



(1) the Office shall cancel the certificate if



and conditions have not been met) for the grant under section 35j;



(b)) the basic patent has lapsed before its lawful term expires;



(c)) the basic patent has been revoked or the basic patent was limited in this

to the extent that the substance for which a certificate has been issued, it is no longer

protected by the basic patent; This is true even in case of cancellation of the basic

the patent, which occurred after his demise.



(2) an application for revocation of a certificate may be filed even after the demise of the basic patent

referred to in paragraph 1, if the applicant can prove a legal interest.



PART TWO



cancelled



HEAD FIRST



cancelled



section 36



cancelled



§ 37



cancelled



§ 38



cancelled



§ 39



cancelled



THE HEAD OF THE SECOND



cancelled



section 40



cancelled



§ 41



cancelled



title cancelled



§ 42



cancelled



§ 43



cancelled



title cancelled



§ 44



cancelled



§ 45



cancelled



§ 46



cancelled



§ 47



cancelled



title cancelled



§ 48



cancelled



§ 49



cancelled



title cancelled



§ 50



cancelled



§ 51



cancelled



§ 52



cancelled



§ 53



cancelled



§ 54



cancelled



THE HEAD OF THE THIRD



cancelled



section 55



cancelled



§ 56



cancelled



§ 57



cancelled



§ 58



cancelled



§ 59



cancelled



section 60



cancelled



§ 61



cancelled



§ 62



cancelled



PART THREE



Common provisions on proceedings before the Office



§ 63



Administrative proceedings



(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 on the verification of full powers for the

an indefinite number of proceedings, ^ 5) about the possibility of several common options

agents, ^ 5a) of the Act, relief may be ^ 5b) about the interruption of the proceedings, ^ 5 c)

of the time limits for issuing a ^ 5 d) and for protection against inactivity, ^ 5e)

In addition to the provisions on the specific characteristics of the procedure for decomposition of the provisions on

the composition of the Appellate Committee and on the possible termination of the

decay of ^ 5f) and provisions on participating in the proceedings; ^ 5 g)

the administrative code on participants in proceedings pursuant to a special law ^ 5 h), however,

apply.



(2) the tasks connected with the proceedings under this Act, the Administrative Authority chooses

fees. ^ 4) when initiating proceedings pursuant to the provisions of § 23, 35f, 35o and section 68

paragraph. 1 and 2, the petitioner is required to deposit on the costs of the proceedings,

that will be returned to the applicant if, in the course of the proceedings,

that the document instituting the proceedings was justified. The deposit is 2 500 $.



(3) Against the final decisions of the Office shall be admissible an action against

the decision by a special legal regulation ^ 5i).



§ 64



cancelled



§ 65



(1) the waiver deadline, made for important reasons

If requested by the party concerned within two months from the date of the removal of the obstacle

by default, and if at this time the omitted Act and pay the administrative

a fee in accordance with the specific legislation. ^ 4)



(2) deadline cannot be waived upon expiry of one year from the date

When the Act was to be made, as well as when you exercise or demonstration of the law of

the priority when applying for performing a full survey of patent applications

and when the application for continuation of proceedings pursuant to the provisions of § 28 para. 3.



(3) the rights acquired by third parties in the time between the default time limits and the

pardon shall remain unaffected.



§ 66



The inspection of the file



The Office may allow access to file documents to third parties only if they prove

a legal interest. Before publication of the patent application is, however, permissible

convey only an indication of who is the author of the invention, by the applicant of the invention,

an indication of the priority, the name of the patent application and its number

tag.



§ 67



Declaratory proceedings



At the request of who a legitimate interest, the authority shall determine whether the decision

the subject of the request falls within the scope of protection described of a patent

the invention.



§ 68



Repair management



(1) the decision of the authority, with the exception of the decision on the relief may

time limits under the provisions of section 65, may be filed within a time limit of one month from

notification of the decision.



(2) the President of the Office shall decide on the decomposition of the proposal by the established professional

of the Commission.



§ 69



Patent register and journal of the Office



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


of applications for registration of inventions, procedures and applicable information on authorisations granted

patents.



(2) the Office shall keep the register of European patents valid in the territory of the United

of the Republic. For entries in the register of European patents shall be used

(1).



(3) Note controversial under the civil code a ^ 6) can apply to only

a record in the register, which is characterized by the handling of a patent as

the subject of ownership.



(4) the authority shall issue a journal in which publishes, in particular, the facts about

the published patent applications, granted patents, and more

relating to inventions, as well as official communications and decisions of fundamental

nature.



section 70



Representation



Persons who do not have residence in the territory of the United States or registered office, the

to be represented in proceedings before the Office pursuant to special legal representative

legislation. ^ 7) this also applies To the submission of translations pursuant to title a third.



§ 71



the title launched



For the management of inventions, that are classified under a special legal

^ Regulation 4a) or international treaties to which the Czech Republic is bound,

This law shall apply with the exception of their publication.



PART FOUR



Improvement proposals



§ 72



(1) for improvement proposals to consider the technical, production or operational

improvements, as well as solutions to problems of safety and health at

the work and the environment, which has the right to dispose of an innovator.



(2) the rights of the improvement proposals there will be, if they are prevented by law from

the patent.



section 73



(1) the Innovator is obliged to offer the proposal for its improvement

the employer, if the improvement proposal refers to a field of work or

activities of the employer.



(2) the Innovator has the right to dispose of the zlepšovacím design without limits,

If the employer within a period of two months from the menu

improvement has not concluded a contract on the acceptance of the offer system

the design and the reward for him (section 74).



§ 74



Right to use the improvement proposal for concluding the contract is formed with

businessman about the acceptance of a tender improvement and reward for him.



PART FIVE



Provisions common, transitional and final



The provisions of the common



§ 75



Violations of the rights



In case of unlawful interference with rights protected by this law, with the

except for the rights of patents and supplementary protection certificates,

whose right has been violated to pursue in particular the interference law

disabled and that the consequences of the violations were deleted. If this compels

due to the damage, the injured party has right to compensation; replaces it,

What is the harmful act damaged property (actual damage) and

What would have been achieved if the harmful event occurred (loss of profit). If it was

This interference caused by the non-material damage, the injured party has the right to

adequate compensation, which may lie in regard to performance.



§ 75a



cancelled



§ 75b



cancelled



§ 76



Relations with foreign countries



(1) persons who are resident or established in the territory of a State which is

party to the Paris Convention ^ 3) or which is a member of the world

Trade Organization, ^ 4b) have the same rights as citizens of the United States.



(2) the provisions of international treaties by which the Czech Republic is bound,

are not affected by this Act.



Transitional provisions



§ 77



Management of applications for registration of discoveries, which ended before the entry into force of

This Act, according to present regulations.



§ 78



(1) applications for inventions, which was not before the entry into force of this

the law decided to discuss further under this Act that

The Office performs a full exploration of the ex officio.



(2) in the case of an invention that was created under the terms of the provisions of section 28 (a). and) Act

No 84/1972 Coll. the employer has the right to the patent, if the patent

requests within the time limit of three months from the entry into force of this Act. The originator of the

against the employer has a right to remuneration according to the provisions of § 9 para. 4

of this Act. If an employer asks for a patent within the prescribed period,

, the right to a patent is the originator of the invention.



(3) If the use of the subject of patent applications referred to in the provisions

paragraphs 1 and 2 of which occurred before the entry into force of this Act under the conditions

laid down by the existing legislation, the claims of third parties

shall remain unaffected. The right to the originator on the remuneration for this usage of the subject of the application

the invention of the applications for certificates referred to in the existing copyright

provisions shall remain unaffected.



§ 79



On the application for recognition of the copyright certificates have been filed under the international

^ Treaty 9) prior to the entry into force of this Act, the Office grants a patent for the

the condition that the applicant shall indicate within a period of six months from the entry into force of

of this Act, an application for recognition of a copyright certificate in accordance with the

the terms applicable to the application for recognition of the patent. Fails to do so, the Office

control stops.



§ 80



(1) the application for registration of industrial designs, which was not before the entry into force of

This Act further decided to discuss under this Act.



(2) the applicant of a design that was created under the conditions

the provisions of § 82 of the law No. 84/1972 Coll. the employer becomes, if

on request within three months from the entry into force of this Act.

The originator against an employer has a right to remuneration according to the provisions of § 44

paragraph. 4 of this Act. If an employer asks about your writing as

the applicant, within the prescribed period, for the registration of an industrial design

in the register asked its originator.



(3) the rights of third parties to use the objects of applications for industrial designs

referred to in paragraphs 1 and 2, which was established before the acquisition

the effectiveness of this law under the terms of the existing regulations,

shall remain unaffected. The right to the originator on the remuneration for such use according to

This does not affect existing regulations.



§ 81



(1) a patent for an invention granted under law No. 84/1972 Sb.

15 years from the filing of the application; However, its validity will end no earlier than

one year after the entry into force of this Act. For maintaining the validity of the

Copyright certificate after the expiry of one year after the entry into force of

This law is necessary to pay administrative fees according to the specific

legislation. ^ 4)



(2) a certificate granted under the design law No. 84/1972 Sb.

valid for 5 years from the filing of the application; at the request of the Office shall extend the validity of

the certificate on a design for a further 5 years. However, the validity of the certificate

ending no earlier than one year after the entry into force of this Act. For

the request it is necessary to pay an administrative fee in accordance with the specific legislation. ^ 4)



(3) an organization that, according to present regulations to the invention or has to

design the right management or law, was entrusted with the

those of the same rights as the owner of a patent or the owner of the

of the design.



(4) in the case of an invention created otherwise than under the terms of the provisions of section 28 (a).

and) Act No. 84/1972 Coll., protected under the copyright certificate granted

According to the existing legislation, which the organization that it has the right to

management or law was entrusted with, not to, is the originator of the

at any time during the term of validity of the copyright certificates

ask the Office about his transfer to the patent. Transfer of the copyright certificates

the patent shall be subject to an administrative fee. Further the implementation of this

the provisions of the implementing regulation lays down.



(5) unless the invention protected by copyright certificate created under the conditions

the provisions of section 28 (a). and) Act No. 84/1972 Coll., or industrial

the pattern of protected by a certificate created under the terms of the provisions of § 82 of the same

the law has the originator of the invention or industrial design right to the invention,

where appropriate, the design for use in its business activity

carried out in accordance with the specific legislation. ^ 10)



(6) if the organizations that belong to the rights referred to in paragraph 3,

fails to pay within six months after the expiry of the period referred to in paragraph 1 for the

the maintenance of copyright administrative charges under special certificates

^ 4) legislation or requests within the same period to affix their rights in

the register of industrial designs, the rights of the proprietor of the patent or industrial

the pattern will arise to the applicant, if those acts shall, within

a further six months. By default these deadlines cannot be waived.



§ 82



(1) at the request of the owner of a patent granted abroad, whose subject line

falls within the provisions of section 28 (a). (b)), and (c)) Law No 84/1972, Coll., the Office may

to grant the right of priority under the international treaty ^ 3) application of the invention

made in the Czech Republic after expiry of this international

the Treaty.



(2) the request referred to in paragraph 1 be filed together with the invention and proof of

grant of a patent abroad must be submitted within 12 months of the acquisition

the effectiveness of this Act.



(3) the Office shall, upon application filed pursuant to the provisions of paragraph 2 of the patent

not be granted if the



and the applicant) provides evidence of the consent to sell or

the production of the subject matter of the patent in any State;



(b)) the applicant provides evidence of the consent to sell or

the production of the subject matter of the patent in the Czech Republic, which granted the competent Czech

authority on a request filed within six months from the grant of consent for sale


or the production of the subject matter of the patent in any State;



(c) the subject-matter of the patent granted) was abroad before applying

in accordance with the provisions of paragraphs 1 and 2 in the Czech Republic placed on the market.



(4) the owner of a patent granted abroad is obliged upon request

in accordance with the provisions of paragraphs 1 and 2 present the documents referred to in the provisions

paragraph 3 (b). a) and b) within three months of their acquisition,

by patent expiry under the provisions of paragraph 5.



(5) the Patent granted on the application of the invention have been filed under the provisions of

paragraph 2 shall be 16 years of age from the right conferred advantages.



(6) Missed time limits referred to in the provisions of paragraph 2, paragraph 3 (b).

a) and b), and paragraph 4 cannot be waived.



section 83



For relations of patents for inventions and patents for industrial designs that

have been granted before the entry into force of this Act shall apply

the existing regulations.



§ 84



The use of the invention protected by copyright certificate in accordance

with the existing legislation and which began before the entry into force of this

the law, or which has been before the entry into force of this Act

contractually granted the right, is not a violation of the rights of the patent owner. The right to

the originator of the remuneration for such use according to present legislation is not

without prejudice to the.



§ 85



(1) consideration of applications for improvement proposals, which ended before the

entry into force of this Act, under this Act,

the period laid down in the provisions of § 73 para. 2 shall run from the date of

entry into force of this Act.



(2) for the relations of the improvement proposals, which have been positively decided

before the entry into force of this Act, shall apply the provisions of the existing

legislation, with the zlepšovatelský card is valid for 3 years from the effective date

the effectiveness of this Act.



§ 86



(1) claims to remuneration for a discovery for the use of the invention, industrial design

or improvement, as well as claims for payment of reasonable costs

relating to the preparation of the drawings, models or prototypes, rewards

proactive participation in the development, testing or deployment of discovery,

the invention, design or improvement and the demands on the

the reward for a warning on the possibility of using the invention or improvement

the proposal, if it arose before the entry into force of this law, shall be settled

According to the existing legislation.



(2) If, after the entry into force of this Act to the use of the invention

protected by copyright certificate to which the Organization has the right to the owner of the

the patent under the provisions of § 81 para. 3, is this Organization shall

the originators of the invention to pay a reward under the provisions of § 9 para. 4 of this

the law; If, after the entry into force of this Act to the use of

an industrial design protected by a certificate, to which the Organization has the right to

the owner of the design according to the provisions of § 81 para. 3, is this

the Organization shall pay to the originator of the design remuneration

the provisions of § 44 para. 4.



(3) claims to remuneration for use of the improvement, which has been issued

zlepšovatelský license, if after the effective date of this Act,

settled according to present regulations.



§ 87



Thematic tasks announced before the entry into force of this Act shall be

discuss and settled according to the existing legislation.



The provisions of the enabling, cancellation and final



§ 88



Authority modifies the Decree details of control in matters of inventions and

industrial designs.



§ 89



Are deleted;



1. Law No. 84/1972 Coll. on discoveries, inventions, rationalization proposals

and industrial designs;



2. Decree No. 104/1972 Coll., in cases concerning discoveries, inventions and

industrial designs;



3. Decree No. 105/1972 Coll., on rationalization proposals;



4. Decree No. 107/1972 Coll., on relations with foreign countries in matters of inventions

and industrial designs;



5. Decree No. 93/1972 Coll., on conciliation in disputes over rewards

provided in relation to inventions, improvement suggestions and

industrial designs;



6. Decree No. 27/1986 Coll., on the remuneration of the discoveries, inventions, rationalization

proposals and industrial designs;



7. Decree No. 28/1986 Coll., on administration of inventions, rationalization proposals and

industrial designs and their use in the national plánovitém

the economy;



8. Decree No. 29/1986 Coll., on the planning of thematic tasks;



9. Decree No. 68/1974 Coll., laying down derogations from the provisions of

Law No. 84/1972 Coll. on discoveries, inventions, rationalization proposals and

industrial patterns.



§ 90



This Act shall take effect on 1 January 2000. January 1991.



Havel v.r.



DUBČEK v.r.



Čalfa v.r.



Selected provisions of the novel



Article. (III)



Act No. 116/2000 Sb.



1. the priority of a European patent application pursuant to § 9 para. 3 can be

apply after the accession of the Czech Republic to the European Patent Convention.



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

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

the Convention.



3. Pay the costs necessary to effective application of, or defend the rights

According to § 18 para. 7 it is possible to apply only in proceedings on the cancellation of the use

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

_________________



Editor's note. ASPI: the law of 527/1990 Coll. is also unofficially called the "patent law".



1) the Convention on international exhibitions in Paris on 22. November

1928 (collection of laws and regulations of the country of the Czechoslovak No 46/1932).



1A) Article. 2 point (xiii) Patent Cooperation Treaty published in

communication from the Federal Ministry of Foreign Affairs No. 296/1991 Coll., on the

Patent Cooperation Treaty and the implementing regulation.



1B) of section 124 of the judicial code.



2) Act No. 40/1964 Coll., the civil code, as amended

regulations.



Law No. 109/1964 Coll., of the economic code, as amended

regulations.



3) 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.

on 2 February 2005. June 1911, at the Hague on 6. November 1925, at London on 2.

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

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



3A) Law No 378/2007 Coll., on pharmaceuticals and on changes of some

related laws (law on medicinal products).



3B) Act No. 173/2002 Coll., on the fees for maintaining patent and

supplementary protection certificates for medicinal products and for plant protection

plants and on amendment to certain laws.



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

regulations.



4A) Act No. 412/2005 Coll., on the protection of classified information and on the

Security eligibility.



4B) the agreement establishing the World Trade Organization (WTO), published under the

No 191/1995 Sb.



4 c) Act No. 478/1992 Coll. on utility models, as amended by Act No.

116/2000 Sb.



4 d) Act No. 147/1996 Coll., on phytosanitary care and amendments to certain

related laws.



Act No. 79/1997 Coll., on pharmaceuticals and on amendments and additions to some

related laws.



4E) § 2 (2). 1 of Act No. 79/1997 Coll.



4F) § 2 (2). 7 of law No. 147/1996 Coll.



5) § 33 para. 2 (a). (c)) of the administrative code.



5A) § 35 para. 3 of the administrative code.



5B) § 41 of administrative procedure.



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



5 d) § 71 para. 1 and 3 of the administrative code.



5E) § 80 of the administrative code.



5F) § 152 paragraph 1. 3 and 5 of the code of administrative procedure.



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



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



5I) Act No. 150/2002 Coll., the administrative court rules, as amended

regulations.



6) § 986 of the civil code.



7) Act No. 238/1991 Coll., on patent representatives, as amended by Act No.

14/1993 Coll.



Act No. 85/1996 Coll., on the legal profession, as amended by Act No. 210/1999 Coll.



9) the Decree of the Minister of Foreign Affairs of the Czechoslovak Socialist

No. 133/1978 Coll., on the agreement on mutual recognition of copyright

certificates and other documents of protection for inventions.



10) Act No. 109/1964 Coll., of the economic code, as amended

regulations.



Act No. 106/1990 Coll., on citizens ' private business.