Obtaining patent for invention
Main information
Obtaining patent means obtaining right.
Patent protection, i.e., granting of a patent, gives its owner the exclusive right to use the invention and to give consent to the use of the invention to other persons. As a rule, consent is granted for a fee in the form of a license. At the same time, the patent holder has the right to prohibit other persons from using the patent.
Patent protection at the national level can be obtained by filing a patent application with the Industrial Property Office of the Czech republic.
The Office will subject your patent application to a preliminary examination. The purpose of this is to exclude from further proceedings those applications that contain clearly unpatentable subject matter, lack unity, or contain defects that prevent their publication. After 18 months from the priority date, the Office will publish the application and announce the publication in the Bulletin.
If you wish to obtain a patent, you must also file a request for substantive examination with the Office. This can be done either at the time of filing the patent application or as a separate request at any time within 36 months from the filing date. The substantive examination determines whether a patent can be granted for the invention, i.e., whether it meets the conditions for patentability. These conditions are novelty of the solution, inventiveness, and industrial utility.
Only based on the substantive examination, if it is found that the invention meets all the conditions for patentability, will the Office grant you a patent.
This applies to you if
The invention means that you have solved a technical problem that has not yet been solved or has been solved in another way.
The invention means a technical solution that is new and can be reused. Discovery is not an invention.
Any individual or legal entity shall be entitled to submit the application for invention.
When to use this service
You can begin utilising the service any time.
It is important to begin solving before you get the public acquainted with your invention (technical solution), for example at exhibition, social networks, specialized scientific magazine, etc.
Self-publication of the invention would then constitute an obstacle for further proceedings.
Vyřízení služby - osobně
What you need if you are using this service
Completed application for invention form and description of the invention.
Contact may be found in Chamber of Patent Attorneys and in Czech Bar Association.
Where and how to solve this service
The service can be made use of by filing at the office of the Industrial Property Office. It is also possible to make use of postal services. Address of the Office is as follows:
Office hours of the registry can be found at the website of the Industrial Property Office.
How much will you pay
The fee for accepting the application for invention is CZK 1,200. If the originator(s) exclusively (is) are the applicant(s), it is CZK 600.
Fee for receipt of the application for:
- publication before the statutory deadline is CZK 800,
- registration of the transfer of the application to another applicant or the transfer of the patent to another owner is CZK 600.
- substantive examination of the application for invention is CZK 3,000, for 11th and each additional patent claim raised is CZK 500.
The fee for issuing a patent certificate to the extent: ten pages of typescript is CZK 1,600, for each additional page CZK 100.
Fees can be paid in cash at the Office’s cash register, transfer from account or money order to account no. 3711- 21526001/0710
The application for invention number shall be indicated by: PV, four-digit year of submission, dash and serial number (for example: PV 2000-156, 2008-1298)
Variable symbol (VS) consists of figure 1 + year (four digits) + application’s serial number.
Vyřízení služby - elektronicky
What you need if you are using this service
Completed form of an application for invention including description of invention and annexes, filed in a way that allows verification of identity (e.g. by using a data box or by sending an electronically signed document via e-mail).
Where and how to solve this service
The application shall be submitted to the Industrial Property Office. It can be submitted electronically directly via the e-filing application:
In the e-filing application we select the form P01 – Přihláška vynálezu (Patent application)
You will be asked to register or log in one time, or to log in via Digital identity.
Fill out the application form. You can check whether you filled it out correctly by using the button in the column on the left side of the screen. This column is also used to navigate in the form.
After filling it out, we choose one of the following submission options:
- Direct submission (provided the user is logged in using Digital identity)
- Send a message to data box
- Signed by electronic signature
- Without electronic signature (in this case, however, it is necessary to confirm the submission by its subsequent delivery within 5 days. This can be done using the data box, by sending electronicaly signed document, but also in person.)
How much will you pay
The fee for accepting the application for invention is CZK 1,200. If the originator(s), i.e. the inventor exclusively (is) are the applicant(s) it is CZK 600.
Fee for receipt of the application for:
- publication before the statutory deadline is CZK 800,
- registration of the transfer of the application to another applicant or the transfer of the patent to another owner is CZK 600.
- substantive examination of the application for invention is CZK 3,000, for 11th and each additional patent claim raised is CZK 500.
The fee for issuing a patent certificate to the extent: ten pages of typescript is CZK 1,600, for each additional page CZK 100.
In the case of filing using the online system (e-filing) the system generates variable symbol on its own (this variable symbol can be found in the filing confirmation PDF which you receive immediately after submitting your application).
Fees can be paid by bank transfer to account no. 3711-21526001/0710 (QR code is provided in the filing confirmation document), in cash at the Office’s cash register or by using a money order.
If you are filing outside of the online system (e-filing), construct the variable symbol as follows:
The application for invention number shall be indicated by: PV, four-digit year of submission, dash and serial number (for example: PV 2000-156, 2008-1298). The application for invention number is automatically assigned by the receipt of the application for invention by the Office.
Variable symbol (VS) consists of figure 1 + year (four digits) + application’s serial number. For example for PV 2000-156 VS is: 12000156 and for PV 2008-1298 VS is: 120081298.
If you do not know the serial number of the application, just enter the number 1 as the VS. In this case, however, the name of the payer’s account must be the same as that of the applicant or representative in order to identify the payment.
Fee reduction
Fees for procedure before the Office will be automatically reduced by 20% (with the maximum fee reduction being CZK 1,000) provided legislative requirements are met. In simplified terms, the fee reduction is applied if:
- The form is submitted using the Office's online system (e-filing)
- The form is submitted by a user logged in via Czech Digital identity (which is possible by using Bank ID, eGovernment mobile key etc.)
Additional information
What is the benefit of this service
Protection of the invention by patent in a given territory for up to 20 years.
Appeal options
You may appeal against first instance decision of the IPO CZ. As a party to the procedure you can file an appeal with the IPO CZ within one month from the delivery of the contested decision (as defined under Section 68 of Act No. 527/1990 Coll.).
At the same you are obliged to pay an administrative fee in the amount of CZK 1,000. As a condition, requesting the appeal procedure in matters of patents you shall also deposit a security in the amount of CZK 2,500 which shall be refunded to you if the appeal request is substantiated by the procedure.
Legislation
Sanctions
None
Frequently asked questions
Choose representative from Chamber of Patent Attorneys or Czech Bar Association. The patent granted by the Industrial Property Office in Prague applies only in the Czech Republic. The patent is valid for 20 years after the application for invention has been filed. The condition, however, constitutes the payment of yearly maintenance fees.