IPO CZ carries out patent granting procedure resulting from patent application that can be filed by the inventor or by a person, this right was transferred to by the inventor. Patent applications ordinarily follow a set form which must also include a description of the invention and/or related drawings and so called patent claims. The claims precisely define the subject-matter, for which the protection is requested. Application forms are available in the filing room of the IPO CZ and can also be downloaded from the IPO CZ website. Applications can be filed in person, by post or electronically.
Every filed application undergoes a preliminary examination to eliminate those containing matters evidently non-patentable, lacking unity and/or containing defects which prevents it from publishing. An applicant is notified of all the deficiencies by an official letter. The IPO CZ publishes applications and also notes on disclosure in the Bulletin after 18 months from the priority date. The system of deferred examination is also valid in the Czech Republic. In compliance with the European patent system the substantive examination is carried out upon the applicant's request. This request must be filed within 36 months from the filing date. The patent is granted by the IPO CZ only after the substantive examination was carried out and on condition that the invention complies with all requirements on patentability. Administration fees are tied to the patent procedure. The patent owner must also pay maintenance fees to keep the patent valid.
Patents are granted for inventions that are new, involve an inventive step and are susceptible of industrial application. Besides new products and technologies, chemical substances, pharmaceuticals and microorganisms used in industrial production, as well as biotechnological processes and products resulting from them can be patented. On the other han what can not be patented are discoveries and/or scientific theories, computer programmes, plant or animal varieties and methods of medical treatment of human and animal body. A patent granted in the Czech Republic is valid for 20 years from the filing date of the application and its basic effect represents the right for the patentee to prevent anybody from using it without preliminary agreement. The right to utilize a patent is granted by a licence agreement. Patents can also be sold. Patent infringements can be resolved by a court.
Last modified on – 2012-05-21 12:20