173/2002 Sb.
LAW
of 9 June. April 2002
on the fees for maintaining patents and supplementary protection certificates
for medicinal products and for plant protection products and amending certain
the laws of the
Change: 377/2005 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
FEES FOR MAINTAINING THE PATENT AND THE SUPPLEMENTARY PROTECTION CERTIFICATES FOR
MEDICINAL PRODUCTS AND FOR PLANT PROTECTION PRODUCTS
§ 1
The subject of the edit
(1) pursuant to this Act are calculated and collected fees for
maintaining the patent in force (hereinafter referred to as "maintenance fees for the
patent "), the fees for the maintenance of a European patent with the effects for the Czech
Republic in force (hereinafter referred to as "maintenance fees for the European
patent "), the charges for maintaining supplementary protection certificates for
medicinal products and for plant protection products in force (hereinafter referred to as
"maintenance fees for supplementary certificate"). ^ 1)
(2) the fees referred to in paragraph 1 be charged and collected by the Office of industrial
ownership (hereinafter referred to as "the authority").
§ 2
Rates
The rate of renewal fees for a patent renewal fees for the European
patent and maintenance fees for additional certificates are set out in
tariff of the maintenance fees, that is listed in the annex to this
the law.
§ 3
The taxpayer
(1) the taxpayer, the renewal fees for a patent is the owner of the patent.
(2) the taxpayer, the renewal fees for a European patent is the owner of the
European patent with the effects for the Czech Republic (hereinafter referred to as ' the European
patent ").
(3) the taxpayer, the renewal fees for supplementary certificate is the owner of the
supplementary protection certificates for medicinal products and for plant protection
plants (hereinafter referred to as "additional certificate").
§ 4
Exemption from fees
From the payment of maintenance fees is liberated by the Czech Republic.
§ 5
The assessment and payment of the maintenance fee for a patent
(1) for patent maintenance fees are charged for each season of the year
duration of the patent, from the date of filing of the application of the invention.
(2) the first maintenance fee for the patent Office decision, shall be levied in the
the corresponding rates for patent maintenance fees for the period from
the filing date of the invention by the due date of the maintenance
the fee for the patent. This fee is due within three months from the
the date on which the decision to grant the patent.
(3) maintenance fee for a patent for the following annual period shall be payable
without the assessment not later than on the day on which expires the previous season.
§ 6
The maturity of the maintenance fee for the European patent
(1) the maintenance fees for the European patent for the seasons
the period of validity of the European patent, from the date of submission of the
European patent applications with effects for the Czech Republic.
(2) the first maintenance fee for a European patent shall be paid without assessment
for annual periods that follow the seasons of the year in which the
the grant of a European patent in the European Patent Bulletin.
(3) if it becomes the first maintenance fee payable to the European patent
2 months from the date of notification of the grant of a European patent in the European
Patent Bulletin, this fee is duly paid, it is paid
within 2 months from the date of this notice.
(4) the maintenance fee for the European patent for the following seasons
is payable without assessment no later than the date on which the previous elapsed
the annual period.
§ 7
The maturity of the maintenance fee for the supplementary certificate
(1) the maintenance fees for the supplementary certificate shall apply for each
the seasons on the duration of the supplementary certificate shall, from the date of
filing of the application for a patent or the filing of European patent applications with
effects for the Czech Republic, which are linked to the most recent annual period
the validity of the patent or of the validity of a European patent.
(2) the first maintenance fee is payable for the supplementary certificate before
end of the last annual period of validity of the patent or the European
the patent or within 2 months from the date on which the decision of the
the granting of the supplementary protection certificate, depending on which of these
time limits expires later.
(3) maintenance fee for additional certificates for the following annual
the period is payable without assessment no later than the date on which it shall expire
the previous annual period.
Common provisions on the payment of maintenance fees
§ 8
(1) a taxpayer shall, for each payment of the maintenance fee for a patent
maintenance fee for a European patent or maintenance fee for
additional certification (hereinafter referred to as "maintenance fee") to indicate which
the patent, a European patent or supplementary certificate payment
maintenance fee refers to. If you cannot clearly determine the purpose of the payment,
The Office of the taxpayer, to reply within a specified time limit that purpose in writing
said. If the taxpayer fails to comply with this request, it is considered that the payment
There has been no payment and returns.
(2) if the maintenance fee has been paid in due amount
the Office shall invite the taxpayer to pay within 15 days from the date of delivery of the
challenges. After expiry of this period, it is considered that the maintenance fee
has not been paid. The Office of the payment in the amount of the received is incomplete,
the taxpayer within 30 days after the fruitless expiry of the returns. The provisions of the
paragraph 4 shall remain unaffected.
(3) maintenance fee can be properly pay the first one year before the date of
his maturity. Maintenance fee that was paid within the prescribed
the amount of the early, the Office considers it duly paid only on the basis of the written
requests the taxpayer only if it is paid in the amount established by this Act.
(4) If a maintenance fee has not been paid within the prescribed period, or if the
behind it, that has not been paid in accordance with paragraph 2, may be the taxpayer
In addition to pay, within the period of 6 months from the date of its maturity. In this
the case is at the same time, the taxpayer shall be obliged to overdue maintenance fee
pay a penalty in an amount that is equal to the amount of the maintenance
of the fee.
§ 9
(1) the Authority paid maintenance fee returns if none
the obligation to pay; This does not apply if, at the request of the
the taxpayer under section 8 (2). 3 the authority has acknowledged the maintenance fee, which has not yet
was not payable, to be duly paid for.
(2) the returns without a request by the taxpayer in the amount paid to the
maintenance fee more than was required, if this amount is greater than 50
CZK.
(3) the authority shall not return already paid maintenance fee, if after
payment to the demise or cancellation of the patent, a European patent or
additional certificates, including maintenance fee paid
prematurely pursuant to § 8 para. 3.
§ 10
The method of payment of renewal fees
(1) the maintenance fees shall be paid in the Czech currency
and non-cash transfer of) account held at a bank or a branch
a foreign bank or a savings and credit cooperatives to the appropriate
account of the Office,
(b)) in cash
1. through a bank or a branch of a foreign bank or
savings and credit cooperatives, or mail the licence to the holder
the account of the Office,
2. its composition at the box office; the payment is received, the Office shall
issue a confirmation
(c)) by cheque.
(2) the numbers of accounts for the payment of maintenance fees the Office
published in Journal of industrial property office.
§ 11
Control
(1) unless otherwise provided by this Act, the maintenance fee
and waive the deadline) to pay,
(b)) to enable the waiting with his payment, or
(c)) to allow it to pay in installments.
(2) unless otherwise provided by this Act, shall apply to proceedings relating to
maintenance fees provisions of special legislation
relating to the administration of taxes and fees. ^ 2)
§ 12
Budget specify maintenance fees
Maintenance fees are income for the State budget. The authority for the Czech
Republic a proportion of the income of the maintenance fee for the European
patent distracts the European Patent Organisation in the amount and manner
the time limits laid down by international treaty, which was approved by the
Parliament, ratified and promulgated, and which the Czech Republic
bound ^ 3).
section 13 of the
Transitional provisions
(1) if it has been the first administrative fee for maintaining the patent in force
meted out before the date of entry into force of this law, however, is payable after
the effective date of this Act, the procedure shall be in accordance with existing
regulations.
(2) if the administrative fee for maintaining the patent in force due
and paid according to present legislation before the date of entry into force of
This law, is assumed to be properly paid under this Act to
the entire period for which it was paid.
(3) if the administrative fee for maintaining the patent in force, that
is payable after the date of entry into force of this Act has been paid in advance,
This administrative fee for the maintenance fee for a patent under the
This law, if it meets the conditions laid down by this Act.
(4) if the administrative fee for maintaining the patent in force
that was payable before the date of entry into force of this Act has been paid
in the specified amount, the taxpayer is required to pay the administrative fee referred to in
the existing legislation; When you call the Office to pay the administrative
the fee shall be treated under this Act.
(5) If the time limit for payment of an administrative fee for the maintenance of the patent in the
validity according to the existing legislation in vain has elapsed before the date of
entry into force of this Act and the administrative fee has been paid
According to the existing legislation in a further period of 6 months, the
the administrative fee for the maintenance fee for a patent under this
the law.
PART TWO
Amendment of the Act on administrative fees
§ 14
Act No. 368/1992 Coll., on administrative fees, as amended by Act No.
10/1993 Coll., Act No. 72/1994 Coll., Act No. 85/1994 Coll., Act No.
273/1994 Coll., Act No. 36/1995 Coll., Act No. 118/1995 Coll., Act No.
160/1995 Coll., Act No. 301/1995 Coll., Act No. 151/1997 Coll., Act No.
305/1997 Coll., Act No. 148/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 63/1999 Coll., Act No. 167/1999 Coll., Act No.
167/1999 Coll., Act No. 222/1999 Coll., Act No. 326/1999 Coll., Act
No 352/1999 Coll., Act No. 359/1999 Coll., Act No. 360/1999 Coll., Act
No 363/1999 Coll., Act No. 46/2000 Coll., Act No. 62/2000 Coll., Act
No 117/2000 Coll., Act No. 133/2000 Coll., Act No. 151/2000 Coll., Act
No 153/2000 Coll., Act No. 155/2000 Coll., Act No. 155/2000 Coll., Act
No. 158/2000 Coll., Act No. 227/2000 Coll., Act No. 242/2000 Coll., Act
No. 242/2000 Coll., Act No. 308/2000 Coll., Act No. 365/2000 Coll., Act
No 140/2001 Coll., Act No. 231/2001 Coll., Act No. 76/2002 Coll., Act
No 120/2002 Coll., Act No. 146/2002 Coll. and Act No. 150/2002 Coll.,
be amended as follows:
1. In the notes to part VIII tariff administrative fees, point 1
the number "114" is deleted.
2. in the tariff item 114 administrative fees, including notes
repealed.
PART THREE
Amendment of the law on inventions and rationalization proposals
§ 15
Act No. 527/1990 Coll., on inventions and rationalization proposals as amended by the
Act No. 519/1991 Coll., Act No. 116/2000 Coll. and Act No. 207/2000
Coll., is amended as follows:
1. in paragraph 4 of section 19, including footnote No. 3a):
"(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 ^ 3a) only half of the amount.
3A) Act No. 173/2002 Coll., on the fees for maintaining patent and
supplementary protection certificates for medicinal products and for plant protection
plants and amending certain acts. ".
2. in section 21 para. 2, the word "administrative" be deleted and the reference to the note below
footnote 4) is replaced by the reference to the footnote 3a).
3. in article 21, paragraph 3 reads:
"(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. ".
4. in section 22 (a). (b)), the words "administrative poplatky4) for maintaining the validity of the
patent "shall be replaced by" fees for maintaining the patent in
platnosti3a) ".
5. section 35 g:
"§ 35 g
(1) the maintenance of a European patent is in force, the owner shall be obliged to
pay fees under special legislation. ^ 3a)
(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. ".
6. In section 35 para. 3, the words "administrative charges under a special legal
prescription ^ 4) "are replaced by the words" charges under a special legal
prescription ^ 3a) ".
7. in section 35 para. 4, the words "after the lapse of time for payment
the fee for the maintenance in force of the certificate in good faith have begun "
replaced by the words "in good faith to have begun after a lapse of time to
payment of a fee for maintaining a certificate in force ".
8. In section paragraph 35n 1 (b). (c)), the word "administrative" is deleted.
9. In paragraph 88, the second sentence shall be deleted.
PART FOUR
Changing the law amending some laws on the protection of industrial
the ownership of the
section 16 of the
In the article. X of Act No. 116/2000 Coll., amending some laws on the
protection of industrial property, the words "on 1 January 2000. July 2002 "
replaced by the words "the date on which it becomes ratified and proclaimed the Convention
on the grant of European patents to be binding for the Czech Republic ".
PART FIVE
The EFFECTIVENESS of the
§ 17
This Act shall take effect on the date on which it becomes ratified and
renowned for the Convention on the grant of European patents for the Czech Republic
binding.
Klaus r.
Havel, v. r.
Zeman in r.
XIII.
Schedule of maintenance fees
1. the scale of fees for maintaining the patent in force
and for the first year) from the date of filing of the application of the invention 1 000 CZK
(b)) for the second year from the date of filing of the application of the invention 1 000 CZK
(c)) for the third year from the date of filing of the application of the invention 1 000 CZK
(d)) for the fourth year from the date of filing of the application of the invention 1 000 CZK
(e)) for the fifth year from the date of filing of the application the invention 2 000 CZK
(f)) for the sixth year from the date of filing of the application the invention 2 000 CZK
(g)) for the seventh year from the date of filing of the application the invention 2 000 CZK
h) after the eighth year from the date of filing of the application the invention 2 000 CZK
I) for ninth year from the date of filing of the application the invention of 3 000 CZK
(j)) for the tenth year from the date of filing of the application the invention of the 4 000 CZK
for the 11th year) from the date of filing of the application the invention of 6 000 CZK
l) per the twelfth year from the date of filing of the application the invention of 8 000 CZK
for the thirteenth year of m) from the date of filing of the application the invention 10 000 CZK
n) in the fourteenth year of the filing date of the invention 12 000 CZK
about the 15th year) from the date of filing of the application the invention of 14 000 CZK
p) per the sixteenth year from the date of filing of the application the invention of 16 000 CZK
q) for the 17th year of the filing date of the invention of 18 000 CZK
r) for the 18th year of the invention's filing date 20 000 CZK,
with the 19th year) from the date of filing the invention of 22 000 CZK
t) for the twentieth year from the date of filing of the application the invention of 24 000 CZK.
2. the scale of fees for the maintenance of European patents in force
and for the first year) from the date of filing of the European patent application 1 000 CZK
(b)) for the second year from the date of filing of the European patent application 1 000 CZK
(c)) for the third year from the date of filing of the European patent application 1 000 CZK
(d)) for the fourth year from the date of filing of the European patent application 1 000 CZK
(e)) for the fifth year from the date of filing of the European patent application 2 000 CZK
(f)) for the sixth year from the date of filing of the European patent application 2 000 CZK
(g)) for the seventh year from the date of filing of the European patent application 2 000 CZK
h) after the eighth year from the date of filing of the European patent application 2 000 CZK
I) for the ninth year of the date of filing of the European patent application 3 000 CZK
(j)) for the tenth year from the date of filing of the European patent application 4,000 CZK
for the 11th year) from the date of filing of the European patent application 6 000
CZK,
l) per the twelfth year from the date of filing of the European patent application 8 000
CZK,
for the thirteenth year of m) from the date of filing of the European patent application 10 000
CZK,
n) in the fourteenth year of the date of filing of the European patent application 12 000
CZK,
about the 15th year) from the date of filing of the European patent application 14 000
CZK,
p) per the 16th year of the filing date of the European patent application 16 000
CZK,
q) for the 17th year of the date of filing of the European patent application 18 000
CZK,
r) for the 18th year of the date of filing of the European patent application 20 000
CZK,
with the 19th year) from the date of filing of the European patent application 22
EUR,
t) for the twentieth year from the date of filing of the European patent application 24 000
CZK.
3. the scale of fees for the maintenance of the additional certificate in force
and for the first year of validity) of the supplementary certificate 26 000 CZK
(b)) for the second year of validity of the supplementary certificate 28 000 CZK
(c)) for the third year the validity of the supplementary certificate 30 EUR,
(d)) for the fourth year of validity of the supplementary certificate 32 000,-
(e)) for the fifth year of validity of the supplementary certificate 34 000 CZK.
1) Act No. 527/1990 Coll., on inventions and rationalization proposals, in
as amended.
2) Act No. 337/1992 Coll., on administration of taxes and fees, as amended
regulations.
3) the Convention on the grant of European patents (European Patent Convention)
taken in Munich, Germany on 5 December. October 1973, as amended by the Act of the reviewer's article
63 of the European Patent Convention of 17. December 1991 and decision
the Administrative Council of the European patent organisation of 21. in December 1978, 13.
December 1994, 20. October 1995, 5. December 1996 and 10. December 1998,
The revision Act of the Convention on the grant of European patents, adopted in Munich
November 29, 2000.
