Obtaining patent for invention

Hlavní informace

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.

Týká se vás to pokud

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.

Please note that any natural or legal person without an address in the Czech Republic must be represented in the proceedings by a Czech patent attorney (Chamber of Patent Attorneys) or a lawyer (Czech Bar Asociation).

Kdy službu řešit

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

Co potřebujete pokud službu řešíte

Completed application for invention form and description of the invention.

Correct description of invention, i.e., basis of invention, constitute necessity for further procedure to grant patent.

Patent lawyer or attorney may help you with specialized preparation of basis (Description of invention and formulation of Patent claims).

Contact may be found in Chamber of Patent Attorneys and in Czech Bar Association.

Kde a jak službu řešit

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:

Industrial Property Office

Office hours of the registry can be found at the website of the Industrial Property Office.

Kolik budete platit

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.

For PV 2000-156 VS is: 12000156, 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.

Doplňující informace

Jaký má služba benefit

Protection of the invention by patent in a given territory for up to 20 years.

Možnosti odvolání

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.

Časté dotazy

Who will advise me and help with the patent application?

Choose representative from Chamber of Patent Attorneys or Czech Bar Association.

Where will patent be valid and for how long?

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.