On The Fees For Maintaining Patents, Protection Certificates For Pharmaceuticals

Original Language Title: o poplatcích za udržování patentů, ochranných osvědčení pro léčiva

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53414&nr=173~2F2002~20Sb.&ft=txt

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.