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.