Inventions and patents
The Industrial Property Office carries out patent proceedings on the basis of a patent application which can be filed by the originator of the invention or by the one to which the originator has transferred that right. In the case of an employee invention, the right to a patent passes directly to the employer, unless otherwise stipulated by the contract. However, the right to a patent must be exercised by the employer within a specified period (three months after the notified date of the originator who created the invention in employment).
The patent application can be filed electronically in the WORD "docx" format with a recognised electronic signature, or through a system of data boxes or in writing, i.e., by post or in person in the Office's mailroom. For filing in paper form, you can use an electronically completable form (patent application) without the possibility of online filing, or a pre-printed hand-completed form, which can be obtained in the office's mailroom. In addition to this custom patent application, the application must contain a description of the invention or its drawings and so-called patent claims, which precisely define the subject for which protection is sought and an annotation. The Office shall subject each application to a preliminary examination. Its purpose is to exclude those applications which contain subjects manifestly unpatentable , inconsistent or containing defects which prevent their publication from further processing. All deficiencies shall be communicated to the applicant with an official assessment. After 18 months from the right of priority, the Office shall publish the application and announce its publication in the IPO Bulletin.
In accordance with the European patent system, a full patentability survey shall be carried out at the request of the applicant. This application, together with the payment of the administrative fee for the complete examination, must be submitted no later than 36 months after the application has been submitted. Only on the basis of a full survey, which determines that the invention meets all the conditions of patentability, will the Authority grant a patent. Administrative fees apply for patent proceedings. The patent holder must also pay fees to maintain its validity.
Patents are granted for inventions that are new are the result of inventive activity and are industrially usable. Not only new products and technologies can be patented, but also chemically produced substances, pharmaceuticals, industrial production microorganisms, as well as biotechnological processes and products obtained through them. On the contrary, it is not possible to patent discoveries or scientific theories, computer programs, new varieties of plants and breeds of animals, and ways of treating humans and animals.
A patent granted in the Czech Republic is valid for 20 years from the filing of the application, and its basic effect is that no one is allowed to use it without the consent of its owner. Consent to the use of the patent is granted by a license agreement. The patent can also be sold. In the event of a patent infringement, full civil and criminal liability is established.
What is an invention
An invention is considered a technical solution. In other words, for the instructions for the technical solution to be achieved by technical means. Act 527/1990 Coll., which regulates the rights and obligations arising from the creation and application of inventions and improvement proposals, states in Section 2 that inventions are not considered to be inventions in particular
a) discoveries, scientific theories and mathematical methods;b) aesthetic creations;
c) plans, rules and methods of carrying out mental activity, playing games or carrying out business activities, as well as computer programs;
d) the submission of information.
The patentability of such objects or activities shall be excluded provided that the application for an invention or patent only relates to those objects or activities.
Patents are granted for inventions that are new, are the result of inventive activity and are industrially usable.
Methods of surgical or therapeutic treatment of the human or animal body and diagnostic methods used on the human or animal body shall not be considered as industrially usable inventions. This shall not apply to products, in particular substances or mixtures, intended for use in these treatments and in these diagnostic methods.
What is the difference between an invention and a utility model?
Patent protection may not always be the only appropriate form of protection for unique technical solutions. It is possible to choose utility model protection for your technical solution.
A utility model is sometimes considered a simpler variant of an invention. It can also protect technical solutions that are new, industrially usable and that go beyond mere professional skills. As regards the right to protection by a utility model and the particulars of a utility model application, the principles apply similarly to those of an invention application.
In particular, what are the advantages of utility model protection?
Compared to patent protection, protection with a utility model is faster and less costly. The procedure is based on the so-called registration principle. The utility model application is subject to an examination of the registrability of the utility model in the register.. The Office will therefore register the utility model without examining whether the subject matter of the application is eligible for protection in terms of novelty and beyond the scope of the mere professional skill. However, by registering a utility model without exploring its novelty and beyond the scope of mere professional skill, its monopoly is also more fragile than the patent and the position of its owner less certain. Yet, utility model fees are much lower. Unlike patent protection, registration of a utility model can occur very quickly, usually within a few months of filing the application. Under certain conditions, it is even possible to deviate from the original invention application to a utility model application while maintaining the original priority.
Another advantage is that the state-of-the-art is not such a publication of the results of the work of the applicant or their legal predecessor, which occurred in the last six months before the application for a utility model.
And what are the utility model limitations?
In addition, all production or work activities and biological reproductive materials are excluded from the possibility of protection by a utility model. Compared to a patent, this protection is not appropriate in those cases where the use of the protected object only occurs in a longer time period. On the contrary, it is ideal for objects with a shorter service life, since the effects of writing a utility model are the same as those of a patent. The maximum period of utility model validity, when paying renewal fees, is half, i.e. 10 years, compared to patent validity.
Reference to the Chamber of Patent Attorneys and Lawyers
The applicant may be represented in the proceedings. Information on patent attorneys can be found on the website of the Chamber of Patent Attorneys. Information about lawyers is then available on the website of the Czech Bar Association.
