upv.cz Patents Electronic Filing Czech Republic : Industrial Property Office

Organization : Industrial Property Office
Type of Facility : Patents Electronic Filing
Country: Czech Republic

Website : https://upv.gov.cz/

Patents Electronic Filing :

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.

Related : Industrial Property Office Patents & Utility Models Database Report Czech Republic : www.statusin.org/9377.html

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.

Fees:
1) Administrative Fees:
Act No. 634/2004 Coll. on administrative fees

List of administrative fees:
(fees are payable to the account: 3711-21526001/0710)

Variable symbols and numbering of patent applications and European patent applications

The patent application number is designated: PV, four-digit year of filing, dash and serial number.

For example: PV 2000-156, 2008-1298

The variable symbol (VS) consists of the digit 1 + year (four digits) + application serial number

For example: for PV 2000-156, VS is: 12000156; for PV 2008-1298, VS is: 120081298.

In case a payment is being made for a newly filed application and the payer has no knowledge of its number, the fee can be paid using the first number of the variable symbol only, i.e. 1. In such case, the name of the payer’s account has to be identical with the name of the applicant or the patent agent so that the payment can be identified.

The number of European patent is designated: EP + number of European patent

For example: EP 1444521

The variable symbol for EP is the number of European patent, for example: 1444521.

Variable symbols and numbering of international applications in accordance with the Patent Cooperation Treaty (PCT):
The application number is designated:
PCT/CZ, four-digit year of filing, slash, zeroes to complete the total five-digit number and application serial number

For example: PCT/CZ2000/00049, PCT/2008/00001

Variable symbol (VS) consists of the digit 5 + year (four digits) + application serial number

For example: for PCT/CZ2000/00049, VS is: 5200000049; for PCT/CZ 2009/00001, VS is: 5200900001.

In case a payment is being made for a newly filed application and the payer has no knowledge of its number, the fee can be paid using the first number of the variable symbol only, i.e. 5. In such case, the name of the payer’s account has to be identical with the name of the applicant or the patent agent so that the payment can be identified.

2) Maintenance Fees:
Act No. 173/2002 Coll. on fees for maintenance of patents and supplementary protection certificates for medicinal products and for plant protection products, and on amendment of some acts

List of fees for maintenance of patents in force:
(fees are payable to the account: 80012-21526001/0710)

Variable symbols (VS): The patent number is used as the variable symbol.

For example: for patent No. 289326, VS is: 289326.

First renewal fee falling due within two months of the publication in the European Patent Bulletin of the mention of the grant of the European patent is deemed to have been validly paid if it is paid within that period.
a) for the first year after the filing date of the patent application – 1,000
b) for the second year after the filing date of the patent application – 1,000
c) for the third year after the filing date of the patent application – 1,000
d) for the fourth year after the filing date of the patent application – 1,000
e) for the fifth year after the filing date of the patent application -2,000
f) for the sixth year after the filing date of the patent application – 2,000
g) for the seventh year after the filing date of the patent application – 2,000
h) for the eighth year after the filing date of the patent application – 2,000
i) for the ninth year after the filing date of the patent application – 3,000
j) for the tenth year after the filing date of the patent application – 4,000
k) for the eleventh year after the filing date of the patent application – 6,000
l) for the twelfth year after the filing date of the patent application – 8,000
m) for the thirteenth year after the filing date of the patent application – 10,000
n) for the fourteenth year after the filing date of the patent application – 12,000
o) for the fifteenth year after the filing date of the patent application -14,000
p) for the sixteenth year after the filing date of the patent application – 16,000
q) for the seventeenth year after the filing date of the patent application – 18,000
r) for the eighteenth year after the filing date of the patent application – 20,000
s) for the nineteenth year after the filing date of the patent application- 22,000
t) for the twentieth year after the filing date of the patent application -24,000