What is Government Decree No. 10 / 1952 Coll.?

Government Decree No. 10 / 1952 Coll., implementing the Act on Inventions and Improving Ideas — Government Decree implementing the Act on Inventions and Improving Ideas.

When it became Government Decree No. 10 / 1952 Coll. effectiveness?

Government Decree No. 10 / 1952 Coll. became effective 01.04.1952.

Is Government Decree No. 10 / 1952 Coll. still valid?

Yes, Government Decree No. 10 / 1952 Coll. is still valid and effective.

Government Decree No. 10 / 1952 Coll. - Government Decree implementing the Act o...

10.

Government Regulation

of 1 April 1952

to implement the law on inventions and improvements.

The Government of the Czechoslovak Republic orders pursuant to § 78 of Act No. 6 / 1952 Coll., on inventions and improvements (hereinafter referred to as the Act):

Část prvá.

Inventions.

Oddíl I.

Invention application.

§ 1.

(1) The application for an invention shall be submitted to the Office of Inventions and Improving Ideas in writing. The application must state the name and surname of the applicant, his residence, nationality, employment and place of work and the name of the invention. The application must show that the applicant applies for a patent.

(2) The application may contain only one invention.

§ 2.

(1) The application must be accompanied by a description of the invention in duplicate and, where necessary, drawings, models or design models.

(2) The drawings shall be made on paper in format A 4, in one main and one secondary copy. For the main copy, use white, strong and smooth drawing paper; The drawing shall be made black cover. The secondary copy shall be a copy of the main copy on translucent paper.

§ 3.

In the description, if combined with the necessary drawings, models or design patterns, the invention shall be described briefly but clearly, accurately and completely so that the invention can be used. At the end of the description, be precisely marked and defined what is to be the subject of the patent.

§ 4.

(1) The applicant shall add to the application a declaration that the invention is his work and, if he does not offer the invention to the State, a declaration that he is not obliged to offer it. Where the applicant is an employee of an institution, establishment or undertaking or body of a State and does not offer an invention to the State, the Office for Inventions and Improving Ideas on Submission of the Application shall inform the Institute, Facility or Undertaking or the Authority of the State with which the applicant is employed.

(2) If they submit an application to the Constitution, an establishment or an establishment or an establishment or an institution of the State (Section 14 of the Act), they shall add a statement that the person on whose behalf they submit the application is the author of the invention or its heir, indicating the circumstances which make it clear that the originator or heir is obliged to offer the invention of the State. If it is not apparent from such an application that the person on whose behalf the application is filed has been informed, the Office for Inventions and Improving Subjects shall notify him of the application.

§ 5.

(1) If the heir submits the application, he shall also indicate in the application the name, surname, last job, place of employment and residence of the original and attach a statement that according to his knowledge the deceased is the author of the invention; If it does not offer the invention of the State, it shall also attach a declaration that the deceased was not obliged to offer the invention to the State. They shall also attach proof that he is the heir.

(2) In the event of death, the State has the status of heir.

§ 6.

If the court finds, when discussing the inheritance, that the deceased has left an unclaimed invention and if it is not known who the heir is, or if the heir is absent, it shall notify the Office of inventions and improvements; in such a case, the court shall appoint a guardian to lodge the application.

§ 7.

If the application is filed by an agent or legal representative, the application shall also indicate its name, surname, employment and residence and shall attach a document proving its entitlement to represent it, unless such authorisation has previously been established. This provision shall not apply to applications submitted under Article 14 of the Act.

§ 8.

(1) If the applicant exercises the right of priority in accordance with the provisions of international conventions, the application must specify the time of the application from which the priority is derived and the country in which the application was lodged.

(2) Within three months of filing the application, the applicant must demonstrate his right of priority from the first application. The right of priority from the first application shall be demonstrated by a copy of the description, after copies of the drawings, accompanied by a certificate from the competent authority to which the first application was submitted, of the date of filing of the application and of the fact that the copy, after a copy, agrees to the original. The Office for Inventions and Improving Ideas may require the applicant to submit certified translations of those documents within a specified time limit.

§ 9.

Where the applicant exercises the right of priority under the provisions of the international convention, he shall demonstrate all the circumstances relevant to the conferral of priority under that convention.

§ 10.

If the application is deficient, the Office for Inventions and Improving Ideas shall invite the applicant to remedy the deficiencies within the prescribed period without altering the substance of the invention. If the applicant does so in time, the invention shall be deemed to have been duly applied for initially; otherwise the applicant shall be deemed to have given up further consideration of his application. If the deficiencies have been remedied after the deadline laid down, the application procedure shall continue, but the applicant shall have the right of priority only since the deficiencies have been remedied. The same applies if the substance of the invention has been changed in the timely correction of the deficiencies.

Oddíl II.

An offer from the state.

Offering procedure.

§ 11.

The offer of the invention of the State, even if it happens after the application of the invention, shall be submitted in writing or orally to the Office of inventions and improvements. Staff members of the institutions or undertakings (heirs) may submit an offer orally through such institutions or undertakings; a record of such a tender shall be drawn up by the authority or undertaking signing the originator (heir). The institution or undertaking shall send the minutes of the Office of Inventions and Improving Ideas. The time of submission of the tender shall be deemed to be the time when the registration has reached that office.

§ 12.

(1) The Office for Inventions and Improving Ideas of the Ministry responsible will report on the offer of the invention and request their comments on the suitability of the invention for the purposes of socialist construction in technical and economic terms.

(2) The Office for Inventions and Improving Ideas may request an opinion from the Panel set up by it, in particular if the opinions of the participating ministries vary.

§ 13.

If the Ministry recommends the acceptance of the invention, it shall at the same time communicate to the Office for Inventions and Improving Ideas the intended use of the invention and indicate the facts relevant to the amount of the remuneration and the method of payment thereof.

§ 14.

After a fitness survey has been carried out, the Office for Inventions and Improving Ideas will decide on the acceptance of the invention and on the remuneration.

§ 15.

(1) Acceptance of the invention shall, as a general rule, be decided within 60 days of the date of the offer.

(2) If it appears necessary to carry out a more comprehensive investigation on the fitness of the invention for the purposes of socialist construction, the applicant must be informed within that time limit of the communication as to how the next survey is planned. However, acceptance of the invention shall be decided no later than one year from the date of the offer.

(3) The provisions of the preceding paragraphs do not apply to the acceptance of an invention which was entered before the law was effective.

§ 16.

(1) The Office for Inventions and Improving Ideas shall inform the bidder of its decision on the offer. If an offer has been made pursuant to Paragraph 14 of the Act, the Office shall inform the person on whose behalf the offer has been made.

(2) The Agency for Inventions and Improving Ideas will also inform the competent central authorities of the decision on the offer; If the offer has been accepted, these authorities shall take the necessary measures to make use of the invention and shall inform the Office for Inventions and Improving Ideas.

The reward for the invention accepted.

§ 17.

The amount of the remuneration for the invention received shall be determined and paid by the Office for Inventions and Improving Ideas under the Directives annexed to this Regulation (hereinafter referred to as the Directive).

§ 18.

The authorities or undertakings using the invention shall contribute to the payment of the remuneration by the amounts determined by the Office for Inventions and Improving Ideas in agreement with the relevant ministries.

§ 19.

If the Office of Inventions and Improving Ideas for the Acceptance of Inventions (Section 22 of the Act) withdraws, the originator or heir is obliged to return the remuneration paid only if it is established that at the time of the offer he was aware of the right of someone else to prevent the State from using the invention.

§ 20.

The reward for the invention accepted, after the part of it attributable to one co-producer, is excluded from the execution of up to CZK 10,000.

§ 21.

Advantages.

(1) The Minister-President of the State Planning Office and, on his proposal, the relevant Ministers may grant benefits for the inventions received, such as study or travel scholarships, accommodation, recreation and such.

(2) The originators of the adopted inventions take precedence over other tenderers when filling posts in research institutes and technical development bodies under different conditions.

§ 22.

The cooperation of the originator.

(1) Where the originator of the proposed invention of testing, technical implementation, introduction, development or use of the invention (Section 19 of the Act) in the institution or undertaking in which he is employed is exempted from his own work in the scope of such cooperation; In doing so, he shall maintain his current employment and employment status and guarantee his current salary by at least an average over the last 3 months.

(2) The same applies if the originator so cooperates in another institution or undertaking. That authority or undertaking shall be obliged to replace the place where the originator is employed and which the originator pays his salary, part of the salary for the period missed by the originator as a result of such cooperation in his undertaking or authority.

(3) Where the originator is not in employment, the remuneration for his cooperation shall be determined by agreement, at an amount which corresponds to the rules governing the remuneration of such work.

Oddíl III.

Enter the application procedure.

§ 23.

(1) If a person other than the originator or his heir has applied, the originator (s) may intervene in the application proceedings if he proves by a final decision of the court that he is the originator (s); The Office for Inventions and Improving Ideas continues the proceedings as if the application had been filed from the outset by the originator (heir).

(2) If only a certificate has been provided that a dispute has been initiated as to who is the originator, the Office for Inventions and Improving Ideas continues the survey. It shall, however, await the decision on the application for a final judgment.

(3) The provisions of the preceding paragraphs shall apply mutatis mutandis in cases where the application has been filed by the institutes, establishments or undertakings or by the authorities of the State (Section 14 of the Act) on behalf of someone other than the originator (heir), or only by one of the co-originators, or where the application has been filed on behalf of only one of the co-originators.

§ 24.

If the invention has been registered and offered to the State under Paragraph 14 of the Act and the Office for Inventions and Improving Ideas decides that the originator (heir) is not obliged to offer the invention to the State, it shall also invite the State to express within the time limit whether the application procedure should be continued. If the originator (heir) does not comply with this invitation in time, he shall be deemed to have given up further examination of the application.

Oddíl IV.

Patent.

§ 25.

(1) If the Office of Inventions and Improving Ideas finds after a survey that the invention complies with the conditions for granting the patent, the originator or his heir shall grant the patent; or reject the application.

(2) Before deciding on the application, the applicant shall be given the opportunity to exercise his rights and to make his observations.

(3) If an application for an invention has been filed pursuant to Article 14 of the Act, the decision on the application for an invention shall also be served on the institute, establishment or undertaking or authority of the State which made the application.

§ 26.

(1) If a patent has been granted to a person other than the originator or his heir, the originator (heir) may, within one year of the grant of the patent, request that the patent be rewritten to him if he proves by a final judgment that he is the originator (his heir).

(2) If only evidence has been provided that a trial has been initiated for the originator, the Office for Inventions and Improving Ideas shall wait with a transcription until the court has final decision.

(3) The provisions of the preceding paragraphs shall apply mutatis mutandis if the patent has been granted to only one co-producer or his heir.

§ 27.

After the legal power of the decision granting the patent, the Office for Inventions and Improving Ideas shall register the patent and issue the original or its heirs a patent document. A copy of the patent document shall be delivered to the constitution, establishment or establishment or authority of the State which submitted the application pursuant to Article 14 of the Act.

§ 28.

The patent shall contain the name, surname and address of the originator and applicant of the invention, the number of the patent and, if the offer of the invention is accepted by the State, the name and address of the patent. Part of the patent is a description of the invention.

§ 29.

The grant of the patent shall be notified in the Collection of Inventions (§ 59), where the name, surname and residence of the author of the invention and the name, surname and residence of the owner of the patent, patent grade, patent number, name of the invention and the beginning of validity of the patent.

§ 30.

The surrender ceases to be a patent at the time when the written declaration of surrender was made to the Office of Inventions and Improving Ideas.

§ 31.

The provisional measure provided for in Section 28 of the Act shall be authorised by the court in accordance with the provisions of the Civil Code. In addition to the conditions set out therein, the appellant must prove to the court by confirming the Office for Inventions and Improving Ideas that the articles which are manufactured are manufactured industrially or that the way in which production is carried out is identical to the invention which is the subject of the application.

§ 32.

(1) A request for designation pursuant to Article 39 of the Act shall be made in writing in duplicate with the Office for Inventions and Improving Ideas. The application shall contain a precise description of the articles manufactured or intended to be manufactured by the applicant or a precise description of the manner in which it uses or intends to use in the operation of the production. Where necessary, drawings shall also be attached to the application in duplicate.

(2) The application shall also indicate the patent to which the designation relates. The holder of this patent shall receive a copy of the application with annexes and invite the Office for Inventions and Improving Ideas within a given period of time to comment on the application; If it does not comment, this shall not interfere with the decision on the application.

Část druhá.

Improving ideas.

General provisions.

§ 33.

(1) Improving themes are:

1. technical improvements which depend on the introduction of other, better equipment, technical process or product,

2. operational improvements which depend on improving the technical process by better utilizing existing equipment, material or manpower, but without substantially changing the equipment or the technical process;

3. administrative improvements which depend on improving organisation or economic operation, such as suggestions for simplifying or improving supply, sales, accounting, documentation and such.

(2) The technical procedures referred to in the previous paragraph include, in addition to production procedures, the gradual organisation of other technical performance.

(3) An improvement is not a proposal to remedy deficiencies or errors caused by negligence or to warn that legislation or technical standards are not maintained; It is also not an improvement theme merely to set out tasks, unless, at least in substance, the way of the solution is given.

§ 34.

(1) For the institution or undertaking which decides to accept an improvement theme, the improvement theme is new if it was not introduced with it or with one of the subordinate units at the time when it arrived, or if it was not planned to be implemented there at that time in the proposed implementation.

(2) However, for the institution or enterprise, the improvement theme is not new if the content is identical to that published in the Collection of Improving Ideas and if it has been registered within 3 months of the withdrawal of the relevant collection number; This applies mutatis mutandis if the subject has been published for extension in a collection, journal or other publication issued by a central office in respect of the authorities or undertakings subject to that central office.

§ 35.

(1) The institutions or undertakings shall designate staff members for whom improvements are claimed.

(2) The proposed improvement theme shall be entered in the journal of improvement topics and shall be given written confirmation to the applicant.

(3) The journal of improvement topics must be bound and properly addressed; the journal shall be kept in accordance with a model issued by the Office for Inventions and Improving Ideas.

Acceptance of an improvement.

§ 36.

(1) If the technical improvements or operational improvements in the field of work or operation of the application point are concerned (Section 51 of the Act), this place shall decide on its acceptance.

(2) In the absence of technical improvements or operational improvements in the field of work or in the operation of the application point, the post shall immediately refer the improvement topic to the decision of the authority or undertaking whose field of work or operation relates; However, if such an authority or undertaking is not known, the matter shall be referred to the central authority competent according to the nature of the subject or the office for inventions and improvements. The Central Office or the Office for Inventions and Improving Ideas shall take measures to ensure that the subject is immediately addressed to the authority or undertaking whose field of work or operation is concerned.

§ 37.

(1) The adoption of administrative improvements shall be decided by the authority or undertaking which is entitled to introduce improvements under the relevant rules.

(2) Where the institution or undertaking for which an administrative improvement has been applied for is not itself competent to decide, it shall forward such improvement to the authority or undertaking entitled to introduce an improvement.

§ 38.

(1) As a general rule, the adoption of an improvement theme shall be decided within 30 days of the date on which the subject reaches its decision.

(2) If it appears necessary to carry out a more comprehensive investigation on the fitness of the improvement topic, the applicant must be informed within that period. At the same time, you will be told why the subject could not be decided in time and how the next investigation is planned. However, acceptance shall be decided no later than one year after the date on which the subject reaches the decision.

§ 39.

If the institution or undertaking to which the improvement theme has been found to be the subject applied for is an invention which can be granted a patent, it shall immediately draw the attention of the applicant, even if the subject has already been accepted.

§ 40.

Where an institution or an undertaking meets when deciding to accept the same improvement theme, it shall take precedence over those earlier.

§ 41.

(1) An improvement certificate shall be issued to the improviser by the authority or undertaking which adopted the improvement theme.

(2) The improvement certificate must include the name and surname of the perfector, his residence, a brief indication of the improvement theme and an indication of whether the adopted improvement theme is technical improvements, operational improvements or improvements in administrative terms.

§ 42.

In the absence of an improvement in the employment relationship with the institution or undertaking that has accepted the proposal, the institution or undertaking where the improvement is in the employment relationship shall be informed without delay of the adoption of the improvement theme; The Office for Inventions and Improving Ideas shall be notified if the worker is not in employment.

Expanding improvements.

§ 43.

(1) The technical improvements received shall be notified to the supervisory authority by the place which received them; the other improvements received shall report to him such improvements received which are suitable for use by other authorities or undertakings.

(2) The State Planning Office shall determine which improvement themes must be reported to the Office for Inventions and Improving Ideas.

§ 44.

(1) The competent authority to which the proposed improvement project has been notified shall assess whether and to what extent the improvement project can also be used by other institutions or undertakings, and shall ensure, as a matter of urgency, that the project is transferred and implemented where necessary.

(2) The Office for Inventions and Improving Ideas will ensure, in an appropriate way, such as the press, radio, film and such, the extension of improvement themes of broader importance.

§ 45.

The institution or undertaking which has received an improvement of the topic by means of enlargement (Paragraph 44) shall decide with expedited procedure whether an improvement of the subject will be introduced; If necessary, it shall also ensure that the introduction of an improvement theme is included in its plan.

Reward for an improvement.

§ 46.

The amount of remuneration for the improvement project adopted under the Guidelines shall be determined and paid by the body or undertaking which received the project; where the improvement is the head of that authority or undertaking, the remuneration shall be determined by the superior authority.

§ 47.

(1) Where other institutions or undertakings which are subject to the same central office as the institution or undertaking which has accepted the improvement theme make use of the adopted improvement theme, they shall notify that central office. The Central Authority shall determine and pay the improvement fund the amount by which the remuneration determined by the institution or undertaking which received the proposal will be increased.

(2) If the authorities or undertakings making use of the proposed improvement theme are not subject to the same central office, they shall notify the central office which is superior to the authority or undertaking which received the proposal. The Office shall determine and pay the improvement fund the amount by which the remuneration fixed by the institution or undertaking which received the proposal will be increased.

(3) The Central Authority shall, in the case of paragraph 2, determine at the same time, in agreement with the competent central authorities, the amounts to be contributed to the payment of the increased remuneration by each institution or undertaking.

§ 48.

If they prevent the use of an improvement theme by someone else's right, the Office of Inventions and Improving Ideas will withdraw the acceptance of the subject. Paragraph 19 on the reimbursement of remuneration applies mutatis mutandis.

§ 49.

Where an improvement theme has been adopted in accordance with the previously rejected theme, the applicant and the applicant for the earlier rejected theme shall be entitled to a remuneration as improvement agents who have submitted an improvement theme together, unless a period of three years has elapsed between the decision to reject the earlier theme and the decision to accept the later theme.

§ 50.

If a patent is awarded to the same applicant (heirs) on the subject of the improvement, and if the invention is accepted by the State, the remuneration shall be determined in accordance with the rules on remuneration for the inventions received. The amounts paid by the originators for the proposed improvement shall be added to this remuneration.

§ 51.

The remuneration for the subject of improvement received, after the part of which is attributable to one of the several improvers who have applied for the subject of improvement together, is excluded from execution up to 10,000 CZK.

§ 52.

Advantages and cooperation of the enhancer.

(1) Benefits may be granted in accordance with Paragraph 21.

(2) The provisions of Section 22 of the Improving Theme apply mutatis mutandis to the cooperation of the Improved Body in the testing, technical implementation, introduction, development or use of the Improvement Theme.

Část třetí.

Organs.

Office of Inventions and Improving Ideas.

§ 53.

(1) The Office for Inventions and Improving Ideas, based in Prague, is responsible for matters of invention and improvement under the law and this Regulation.

(2) In particular, the Office for Inventions and Improving Ideas

1. co-operates in the planning of the introduction of new techniques and draws up a draft thematic plan of national importance tasks;

2. collects experience and knowledge with the movement of inventors and enhancers, ascertains and undergoes an analysis of the cause preventing the development of the movement and acts to remove it, provides and provides advice to inventors and enhancers and takes care of the organisation of advice to inventors and enhancers and promotes the movement of inventors and enhancers;

3. Observes the development of the movement of inventors and enhancers in the Union of Soviet Socialist Republics and in the People's Democratic States and acts to make the most of their experience and knowledge in the field of inventions and improvements;

4. exercise the rights conferred on the State by the adopted inventions and patents in national property, unless it has entrusted them to the administration of another authority or undertaking;

5. Provides technical documentation and regulates the sorting of inventions and improvements.

§ 54.

(1) The Office for Inventions and Improving Ideas shall organise and manage the President; The President and his Deputy shall be subordinate to the Minister-President of the Planning Office.

(2) In addition to the President and his Deputy Director, the Office for Inventions and Improving Ideas has the necessary number of professional and other staff to carry out the work related to the performance of his duties.

Expert commission.

§ 55.

(1) Expert commissions shall be set up as advisory body of the President of the Office for Inventions and Improving Ideas.

(2) The members of the expert commissions are appointed by the Minister-President of the State Office planning on a proposal from the President of the Office for Inventions and Improving Ideas, generally from workers in production and trade and from consumers and from scientists.

(3) Membership of the expert committee is an honorary function.

§ 56.

In the case of ministries, the relevant ministers shall also set up expert commissions, as required, on whose composition and membership the principles of the previous paragraph apply mutatis mutandis.

§ 57.

The task of expert commissions is to advise on the examination of the proposed inventions offered by the State and on improvements, on the assessment of the possibility of using the adopted inventions and improvements, on the determination of rewards and such.

§ 58.

Organisational status.

Details of the organisation and activities of the Office for Inventions and Improving Ideas, the rights and responsibilities of the President, as well as of the expert committees, shall be laid down in the organisational statute to be issued by the Minister-President of the Planning Office.

§ 59.

Collection of inventions and Collection of Improving Ideas.

(1) The Office for Inventions and Improving Ideas publishes the Collection of Inventions and the Collection of Improving Ideas during periods and to the extent required.

(2) In the Collection of Inventions, patents, their demise, transcription and cancellation are notified. In the Collection of Improving Ideas, the adopted Improving Ideas of greater importance are announced.

(3) The notifications referred to in paragraph 2 shall be made in such a way as to indicate the person of the author of the invention and the holder of the patent, the person of the improvement and the object of the invention or of the improvement, as well as other important circumstances.

Date of Promulgation	19.04.1952
Effective from	01.04.1952
Effective until	-
Status	Valid

Citation	Government Decree No. 10 / 1952 Coll., implementing the Act on Inventions and Improving Ideas
Regulation Type	-
Author	-
Collection	Code of Laws

Government Decree No. 10 / 1952 Coll.

Government Decree implementing the Act on Inventions and Improving Ideas

Contents