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Industrial Property Office |
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Industrial Property Office |
PATENT GRANTING
Industrial Property Office carries out the patent grant procedure resulting from patent application, that can be filed by the inventor or by the person, this right was transferred to by the inventor. If the case is of the employee invention, the patent right is going over directly to the employer, if not provided for otherwise in the contract. The right to the patent must be claimed by the employer in the fixed term.
The patent applications ordinarily follow a set form. It must include also the description of the invention and/or related drawings and so called patent claims, defining precisely the subject-matter, for that the protection is requested and the abstract, besides the request for the grant of the patent The application forms are available in the receiving office, where application is also to be filed in person or by mail. There is no other way of filing admitted.
Every application is undergoing preliminary examination in the Office to eliminate the applications from the ongoing procedure, if they contain matters apparently unpatentable, lacking of unity and/or containing defects preventing them from publishing. An applicant is notified of all the deficiencies by an offieial letter. The Office is publishing the application and also the note on disclosure in Gazette after 18 months have expired since the priority date. System of deferred examination is also valid in the Czech Republic. In compliance with European patent system the substantive examination is carried out upon the applicant's request. This request must be filed within 36 months as from the filing date of the application. The patent is granted by the Office only afterthe substantive examination if it is found that the invention complies with all requirements on patentability. Administration fees are paid for the acts in the patent procedure. The patent owner must pay also maintenance fees during the time of patent validity.
The patents are granted for inventions, that are new, involve an inventive step and are susceptible of industrial application. Besides new products and technologies also chemical substances, medicines and microorganisms used in industrial production, as well as biotechnological processes and products resulting from them can be patented. As opposed to this discoveries and/or scientific theories, computer programs, plant or animal varieties and the methods of medical treatment of human and animal body cannot be patented. New plant varieties and new methods for prevention, diagnosis and treatment of deseases of the human or animal body are protegeable strenght of the special prescriptions. 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 its utilizing without his agreement. The authorization to work a patent is given by the license contract. The patent can be also sold. The case of patent infringement can be resolved by court.
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