- PART ONE: PROCEDURE ON INVENTIONS
- Chapter One: Application for an Invention
- Chapter Two: Procedure on the Application for an Invention
- Chapter Three: Procedure on International Application for an Invention
- Chapter Four: Declaratory Judgement Procedure, Patent Annulment Procedure, Compulsory License Procedure and Procedure for Transformation an Inventor's Certificate to a Patent
- PART TWO: PROCEDURE ON INDUSTRIAL DESIGN
- PART THREE: FINAL PROVISIONS
CZECH REPUBLIC
Decree of the Federal Office for Inventions on the Procedure in Matters of Inventions and Industrial Designs
(No. 550 of December 11, 1990)
The Federal Office for Inventions in agreement with participating central authorities in accordance with Section 88, Paragraph 1 of Law No. 527/1990 Coll. of Laws on Inventions, Industrial designs and Rationalization proposals (hereinafter referred to as "the Law") stipulates the following:
PART ONE PROCEDURE ON INVENTIONS Chapter One Application for an Invention
Section 1
The application shall be filed in writing with the Federal Office for Inventions (hereinafter referred to as "the Office") in the Czech or Slovak language
.
Section 2
(1) The application for an invention shall contain a request for grant a patent in two copies, a description of the invention, also drawings thereof, at least one patent claim and an abstract in original and two copies and necessary appendices. The original shall enable high-grade copying or printing.
(2) If the applicant is not the inventor himself, or if he has no right to a patent according to provisions of Section 9 of the Law a document on acquisition of the right to the patent shall be attached to the application for an invention.
Request for Grant of a Patent
Section 3
(1) The request for grant a patent shall contain the following:
(a) the surname, first name, address and nationality of the applicant; if the applicant is a legal person, its name and headquarters;
(b) the surname, first name, address and nationality of the inventor, if the is not the applicant;
(c) the surname, first name and domicile of a representative, if the applicant is represented; if the applicant is represented by a legal person, its name and headquarters shall be given;
(d) the title of the invention;
(e) an expression of the will of the applicant that he is requesting the grant of a patent;
(f) the signature of the applicant or his representative.
(2) The execution of the request for the grant of a patent shall correspond to the specified standard.
Section 4
(1) If the applicant is claiming the priority right under the international treaty according to Section 27 of the Law , he shall state in the request the date of filing of the application from which he is deriving the priority right, its number and state in which this application was filed or the authority with which the application was filed under the international treaty.
(2) If the applicant is claiming several priority rights, he shall state, at the same time to which patent claim the priority right appertains.
Section 5
When several co-applicant are filing a request for the grant of a patent and they do not have a joint representative, they shall stipulate in the request to which of them information and decisions of the Office shall be sent.
Description of the Invention
Section 6
(1) The description of the invention shall contain the following:
(a) the title of the invention;
(b) the technical field which the invention concerns;
(c) the characteristics of the existing state of the art;
(d) a disclosure of the nature of the invention and its advantages or, possibly, disadvantages as against the existing state of the art;
(e) a clarification of drawings, if attached;
(f) examples of performance the invention;
(g) methods of industrial application of the invention.
(2) One of the copies of the description of the invention shall be signed by the applicant or his representative.
(3) The execution of the description of the invention shall correspond to the specified standard.
Section 7 Special Requirements Placed on the Description of Production Micro-Organisms Invention
(1) When the subject matter of an invention is an industrial micro-organism for the purposes of production or some other biotechnological product, or the method of its production or use, its morphological and physiological characteristics shall be delimited, its deposit number in a public collection listed, and proof presented in the form of a reproducible example that it is obtained artificially.
(2) On invitation of the Office the applicant shall be obliged to attest to the fulfillment of obligations according to Section 26, paragraph 2 of the Law .
Section 8
Patent Claims
(1) Patent claims shall define the subject matter for which protection is requested. They shall be clear, concise and be supported by the description. One of the copies of the patent claims hall be signed by the applicant or his representative.
(2) Execution of the patent claims shall correspond to the specified standard.
Section 9 Drawings
The nature of the invention shall, if necessary, be illustrated by a schematic diagram of the principle and all characteristics on which the invention is based. Execution of the drawing shall correspond to the specified standard; one of the copies of the drawing shall be signed by the applicant or his representative.
Section 10 Abstract
(1) The abstract serves exclusively for technical information purposes.
(2) The abstract shall contain the title of the invention and a brief summary of what is presented in the description, patent claims and drawings.
(3) The execution of the abstract shall correspond to the specified standard. The abstract may be modified ex officio.
Chapter Two Procedure on the Application for an Invention
Section 11
(1) The Office shall mark the application for an invention with the date of its filing, assign it a reference number and issue the applicant a certificate of the filing of the application for an invention.
(2) The application for an invention shall be deemed to be filed if it contains the indication of the applicant, an expression of his will to have a patent granted, a section obviously presenting a description of the invention and a patent claim.
Section 12
The Office shall record the filed application for an invention in the Register of Applications for Inventions. The following shall be recorded in the Register of Applications for Inventions:
(a) the reference number of the application;
(b) the classification of the invention according to the International Patent Classification;
(c) the filing date of the application;
(d) the surname, first name and address of the inventor;
(e) the indication of the applicant and his representative, if he is so represented;
(f) the title of the invention;
(g) information on claimed priority right under the international treaty, if this applies;
(h) the name of the Officer examiner to whom the application was assigned for processing;
(i) an offer of licence;
(j) Information on the individual filings in matters and acts of the Office.
Section 13 Excluded Applications for an Invention
(1) If the Office ascertains that the application for an invention does not comply with the requirements of Section 26 (1) of the Law , it shall invite the applicant to remedy this defect within a set time limit. Excluded applications for an invention possess the priority right of the original application if the applicant files them within 3 months after remedying the defect from the original application. The applicant may also divide the application for an invention up to the date of grant of patent, in his own initiative.
(2) If the application is excluded or divided after initiation of the full examination in accordance with Section 33 of the Law , the excluded application shall be deemed to be an application for which a request was filed for full examination.
(3) In the case of an excluded application, the applicant shall be obliged to pay administrative fees corresponding to the state of procedure on the original application at
(No. 550 of December 11, 1990)
The Federal Office for Inventions in agreement with participating central authorities in accordance with Section 88, Paragraph 1 of Law No. 527/1990 Coll. of Laws on Inventions, Industrial designs and Rationalization proposals (hereinafter referred to as "the Law") stipulates the following:
Section 1
The application shall be filed in writing with the Federal Office for Inventions (hereinafter referred to as "the Office") in the Czech or Slovak language
.
Section 2
(1) The application for an invention shall contain a request for grant a patent in two copies, a description of the invention, also drawings thereof, at least one patent claim and an abstract in original and two copies and necessary appendices. The original shall enable high-grade copying or printing.
(2) If the applicant is not the inventor himself, or if he has no right to a patent according to provisions of Section 9 of the Law a document on acquisition of the right to the patent shall be attached to the application for an invention.
Section 3
(1) The request for grant a patent shall contain the following:
(a) the surname, first name, address and nationality of the applicant; if the applicant is a legal person, its name and headquarters;
(b) the surname, first name, address and nationality of the inventor, if the is not the applicant;
(c) the surname, first name and domicile of a representative, if the applicant is represented; if the applicant is represented by a legal person, its name and headquarters shall be given;
(d) the title of the invention;
(e) an expression of the will of the applicant that he is requesting the grant of a patent;
(f) the signature of the applicant or his representative.
(2) The execution of the request for the grant of a patent shall correspond to the specified standard.
Section 4
(1) If the applicant is claiming the priority right under the international treaty according to Section 27 of the Law , he shall state in the request the date of filing of the application from which he is deriving the priority right, its number and state in which this application was filed or the authority with which the application was filed under the international treaty.
(2) If the applicant is claiming several priority rights, he shall state, at the same time to which patent claim the priority right appertains.
Section 5
When several co-applicant are filing a request for the grant of a patent and they do not have a joint representative, they shall stipulate in the request to which of them information and decisions of the Office shall be sent.
Section 6
(1) The description of the invention shall contain the following:
(a) the title of the invention;
(b) the technical field which the invention concerns;
(c) the characteristics of the existing state of the art;
(d) a disclosure of the nature of the invention and its advantages or, possibly, disadvantages as against the existing state of the art;
(e) a clarification of drawings, if attached;
(f) examples of performance the invention;
(g) methods of industrial application of the invention.
(2) One of the copies of the description of the invention shall be signed by the applicant or his representative.
(3) The execution of the description of the invention shall correspond to the specified standard.
Section 7 Special Requirements Placed on the Description of Production Micro-Organisms Invention
(1) When the subject matter of an invention is an industrial micro-organism for the purposes of production or some other biotechnological product, or the method of its production or use, its morphological and physiological characteristics shall be delimited, its deposit number in a public collection listed, and proof presented in the form of a reproducible example that it is obtained artificially.
(2) On invitation of the Office the applicant shall be obliged to attest to the fulfillment of obligations according to Section 26, paragraph 2 of the Law .
Section 8
Patent Claims
(1) Patent claims shall define the subject matter for which protection is requested. They shall be clear, concise and be supported by the description. One of the copies of the patent claims hall be signed by the applicant or his representative.
(2) Execution of the patent claims shall correspond to the specified standard.
Section 9 Drawings
The nature of the invention shall, if necessary, be illustrated by a schematic diagram of the principle and all characteristics on which the invention is based. Execution of the drawing shall correspond to the specified standard; one of the copies of the drawing shall be signed by the applicant or his representative.
Section 10 Abstract
(1) The abstract serves exclusively for technical information purposes.
(2) The abstract shall contain the title of the invention and a brief summary of what is presented in the description, patent claims and drawings.
(3) The execution of the abstract shall correspond to the specified standard. The abstract may be modified ex officio.
Section 11
(1) The Office shall mark the application for an invention with the date of its filing, assign it a reference number and issue the applicant a certificate of the filing of the application for an invention.
(2) The application for an invention shall be deemed to be filed if it contains the indication of the applicant, an expression of his will to have a patent granted, a section obviously presenting a description of the invention and a patent claim.
Section 12
The Office shall record the filed application for an invention in the Register of Applications for Inventions. The following shall be recorded in the Register of Applications for Inventions:
(a) the reference number of the application;
(b) the classification of the invention according to the International Patent Classification;
(c) the filing date of the application;
(d) the surname, first name and address of the inventor;
(e) the indication of the applicant and his representative, if he is so represented;
(f) the title of the invention;
(g) information on claimed priority right under the international treaty, if this applies;
(h) the name of the Officer examiner to whom the application was assigned for processing;
(i) an offer of licence;
(j) Information on the individual filings in matters and acts of the Office.
Section 13 Excluded Applications for an Invention
(1) If the Office ascertains that the application for an invention does not comply with the requirements of Section 26 (1) of the Law , it shall invite the applicant to remedy this defect within a set time limit. Excluded applications for an invention possess the priority right of the original application if the applicant files them within 3 months after remedying the defect from the original application. The applicant may also divide the application for an invention up to the date of grant of patent, in his own initiative.
(2) If the application is excluded or divided after initiation of the full examination in accordance with Section 33 of the Law , the excluded application shall be deemed to be an application for which a request was filed for full examination.
(3) In the case of an excluded application, the applicant shall be obliged to pay administrative fees corresponding to the state of procedure on the original application at PART ONE PROCEDURE ON INVENTIONS
Chapter One Application for an Invention
Request for Grant of a Patent
Description of the Invention
Chapter Two Procedure on the Application for an Invention