Decree of the Office of Inventions and Discoveries No. 104 / 1972 Coll.

Q: Is Decree of the Office of Inventions and Discoveries No. 104 / 1972 Coll. still valid?

Yes, Decree of the Office of Inventions and Discoveries No. 104 / 1972 Coll. is still valid and effective.

104

DECLARATION

Inventions and discoveries office

of 14 December 1972

on driving in matters of discovery, invention and industrial designs

The Office for inventions and discoveries in agreement with the participating central authorities pursuant to Article 155 (1) (a) of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs (hereinafter referred to as "the Act ') provides:

HLAVA PRVNÍ

Exploration Procedure

Discover Application

§ 1

(1) The request for discovery shall be submitted to the Office of Inventions and Disclosure (hereinafter "the Office ') in writing in duplicate.

(2) The discovery application may contain only one discovery and a request for a diploma.

(3) The application shall be endorsed by the applicant or by all the co-applicants (hereinafter referred to as "the applicant '), unless the application is submitted by the heir, by a signed declaration of his own signature that he is the author of the application.

(4) If several co-applicants submit the application and do not have a joint representative, they shall indicate in the application the name and address of the person to whom the reports and decisions of the Office are to be sent; If they do not do so, the reports and decisions shall be sent to the co-applicant, who shall be the first to know.

§ 2

The discovery application shall contain:

(a) the name and surname of the author, his / her residence, nationality, name and registered office of the organisation where he / she works, his / her function in that organisation and, if working in the Czechoslovak Socialist Republic, also the central authority responsible for that organisation; where the application is submitted to the discovery of the heir, the application must include, in addition to the author's designation, the name, surname and address of the heir and proof of the acquisition of the inheritance;

(b) the name, surname and address or place of work of the representative, if the applicant is represented; If the applicant is represented by an organisation, the name and address of the applicant shall be indicated;

(c) the name of the discovery;

(d) a description of the discovery in triplicate and drawings;

(e) evidence of a suspected discovery.

§ 3

Description of the discovery

In the description of the discovery, where appropriate in conjunction with the necessary drawings, the applicant shall express the subject of the application in such a way as to enable the expert to ascertain its substance. At the end of the description, it indicates in the definition of the object the discovery of the nature of the previously unknown, objectively existing laws, properties or phenomena of the material world to be protected. Each copy of the description and drawing shall be signed by the applicant or his representative by his own hand.

§ 4

Evidence of suspected discovery

The applicant shall attach to the discovery application experimental evidence proving the intended discovery; If the nature of the subject-matter of the application does not allow it, it shall attach the documents in which the theoretical evidence is provided.

Negotiating the discovery application

§ 5

(1) The Office shall indicate on the discovery application the exact time of its submission (date, hour and minute) and enter it in the list of discovery applications.

(2) The Office shall issue a confirmation of the filing of an application for discovery to the applicant.

(3) If the discovery was made for the first time in the application and if it does not make it clear what the object of the discovery is, the right of priority shall be exercised from the time when a sufficient description or drawing has reached the Office. Similarly, if the applicant has changed the substance of the subject of the discovery application during the examination of the subject matter of the application, the procedure shall be followed.

§ 6

(1) On the basis of Section 17 of the Act, the Office will submit an application for a survey to determine whether it meets the prescribed requirements laid down in Sections 9 to 11 and 14 of the Act.

(2) If the Office does not have comments, it will send a copy of the full application to the Czechoslovak Academy of Sciences or the Slovak Academy of Sciences or the Czechoslovak Academy of Agricultural Sciences or to an organisation which has the relevant scientific centre (hereinafter referred to as the "Scientific Institute") to draw up an opinion within six months. That period may be extended where justified.

(3) If the scientific institute does not consider the subject of the application to be a new discovery, it shall communicate its opinion together with a substantive analysis of the Office.

(4) If the application complies with the discovery of the prescribed requirements and if the opinion of the scientific institute is positive, the Office shall ensure the publication of the discovery in cooperation with the scientific institute.

(5) If, within one year of publication of the discovery application, objections to the award of a diploma for discovery have not been submitted, the Office shall, after consulting the author, determine the wording of the definition of the object of the discovery and its name, enter the discovery in the register of discoveries and issue the author of the diploma.

(6) The Office will reject the application if the opinion of the scientific institute on the award of the diploma is negative.

§ 7

Register of discoveries

(1) The discovery to which the diploma has been awarded is entered in the register of discoveries to which everyone can consult.

(2) Discoveries which are classified under special regulations are entered in the secret part of the discovery register.

HLAVA DRUHÁ

Proceedings on inventions

Application for invention

§ 8

(1) The application for an invention shall be submitted to the Office in writing in duplicate.

(2) The application for an invention shall contain only one invention and shall indicate whether the applicant applies for a copyright or patent.

(3) In the application of the invention, the author must state that he is the author of the subject of the application.

(4) If several co-applicants submit the application and do not have a joint representative, they shall indicate in the application the name and address of the person to whom the reports and decisions of the Office are to be sent; If they do not do so, the reports and decisions shall be sent to the co-applicant, who shall be the first to know.

(5) If the applicant exercises the right of priority under the international convention, he shall indicate in the application the date of the first application from which he derives the right of priority and the country where the application was made.

(6) An attestation by the authority or organisation holding the exhibition that the product described in the application is the same as that issued must be submitted to the application in which the exhibition priority is applied. The certificate shall also include an indication of the time (date, hour and minute) when the product was introduced into the exhibition and an indication of whether the exhibition is still in existence or when it has been completed. The Authority is empowered to review on the spot the conformity of the product applied for with the product.

§ 9

(1) If the invention has been created by the author or by one of the co-authors in carrying out the tasks of a work, member or other similar relationship with the organisation or directly related to their performance (hereinafter referred to as "employment relationship") or under the material support of the organisation, the applicant must state this fact in the application for the invention. If the applicant is aware that the subject matter of the application for an invention is affected by a particular intended task, he shall also indicate this.

(2) If the organisation submits such an application on behalf of the author, it must inform the author in writing.

(3) If the author submits such an application, he must inform the organisation referred to in paragraph 1 of its submission. At the same time, the author is obliged to submit a copy of the application to the organisation.

§ 10

If tests have already been carried out on the invention, the necessary evidence of their results shall be attached to the application for the invention.

§ 11

(1) If the applicant exercises the right of priority under the international convention, he shall provide proof of priority and, if necessary, a declaration of priority.

(2) If these documents are not already attached to the application for an invention, they shall be submitted without invitation to the Office within three months of the date of filing of the application; otherwise the right of priority under the International Convention shall cease.

(3) The applicant shall also demonstrate, within the period referred to in paragraph 2, the other circumstances applicable to the granting of priority under the international convention.

§ 12

The application shall contain:

(a) the name and surname of the applicant, the name and address of the organisation; If the applicant is not the author of the invention, the name and surname of the author, his employment and address shall be indicated and proof of the acquisition of the right to submit the patent;

(b) the residence of the applicant, his nationality, the name and address of the organisation where he works, his function in that organisation and, if he works in the Czechoslovak Socialist Republic, the central authority responsible for that organisation;

(c) the name, surname and address or place of work of the representative, if the applicant is represented; If the applicant is represented by an organisation, the name and address of the applicant shall be indicated;

(d) the name of the invention;

(e) the number of the basic copyright certificate or patent, if it is an application for a dependent invention;

(f) the description and necessary drawings of the invention in four copies;

(g) the necessary annexes and particulars pursuant to Sections 8 to 11 of this Decree.

§ 13

Description of the invention

(1) In the description of the invention and, where appropriate, in conjunction with the necessary drawings, the applicant shall express the subject of the application in such a way as to enable the expert to ascertain its substance. Each copy of the description shall be signed by the applicant or his representative by his own hand.

(2) The description includes:

(a) the name of the invention;

(b) an indication of the technical problem solved by the invention and an analysis of the state of the art;

(c) an explanation of the nature of the invention and the characteristics of the new or higher effect achieved by it;

(d) clarification of the attached drawings;

(e) a description of one or, if necessary, more examples of the actual execution of the invention;

(f) an indication of the possibility of using the invention;

(g) the definition of the subject matter of the invention.

(3) The description must conform to the requirements for printing and reproduction.

(4) The description does not include images, diagrams (except chemical reaction schemes) or diagrams. Mathematical, chemical and other formulas and equations are written on separate lines. The letter symbols of these formulas shall be clarified.

(5) The mathematical, physical and electrical marks and units used as well as the technical terminology must comply with the relevant Czechoslovak state standards; If there are no such standards, they shall correspond to the marks, units and terminology generally used.

(6) Chemical elements and compounds are also known as word names. For more complex chemical compounds, both the word name and the structural formula shall be given; the method of manufacture of chemically manufactured substances shall include the physico-chemical properties of the resulting products and, if necessary, intermediate products.

(7) For chemically manufactured substances and nuclear transformation products, the characteristics necessary for their unambiguous identification should be indicated.

(8) In the case of medicinal products, in addition to the physico-chemical properties, the results of the pharmacological tests, the results of the efficacy and safety tests and, where appropriate, the results of the clinical trials shall be provided.

(9) The names of organisms (animals, plants and micro-organisms) are given both by Czech or Slovak and by international (Latin) scientific name. For new organisms, in particular micro-organisms, a description of their morphological and other essential characteristics should be added. In the case of an industrial production micro-organism, the description and the definition of the object of the invention, next to the name, shall include the deposit number of the strain of that micro-organism assigned by a public collection of cultures in Czechoslovakia or abroad.

(10) For the same components the same names and reference marks shall be used in the description, all reference marks of the drawings being explained in the description.

(11) The definition of the article of invention shall determine the substance of the invention by indicating its characteristics. The definition can be formulated at one or more points, each of which is to be expressed in one sentence.

(12) Where the applicant applies several priority rights in the application for an invention, he shall indicate simultaneously to which points the definition of the article of the invention refers to which priority rights apply.

Drawings

§ 14

The nature of the invention shall be illustrated, if necessary, by a schematic display of the technical principle and of all the characters on which the invention is based, but not by a detailed production drawing. Each copy of the drawing shall be signed by the applicant or his representative by his own hand.

§ 15

(1) Drawings shall conform to the requirements for printing and reproduction.

(2) Drawings shall be presented in one main and three supporting copies on separate A4 sheets.

(3) For the purposes of printing and reproduction, the main copy shall be made by black lines on white solid paper or on translucent paper or on any other appropriate material.

(4) The supporting copies of the drawings may be copies of the main copies made by durable reproduction.

(5) Drawings in the main copy for printing and reproduction may be submitted retrospectively in agreement with the Office.

Examination of the application for the invention

§ 16

(1) The Office shall indicate on the application the exact time of its submission (date, hour and minute) and enter it in the list of applications for inventions.

(2) The Office shall issue a certificate to the applicant for the filing of an application for an invention.

(3) If it is not clear from the description or drawing presented what the subject matter of the application lies, the right of priority shall lie with the Office since the sufficient description or drawings have reached the Office. Similarly, if the applicant has changed the nature of the subject matter of the application for the invention, the application shall be submitted.

§ 17

(1) If the application for an invention does not comply with the prescribed requirements, the Office shall invite the applicant to remove the affected defects within the prescribed time limit.

(2) If the applicant does not remove the written defects, the application procedure may be terminated (Section 139 of the Act).

(3) In doubts as to which organisation is required to assist the author in the elaboration and filing of the application of the invention and to ensure that it is represented in proceedings before the Office pursuant to Article 49 (2) of the Act, the Office shall, after consultation with the central authority of that organisation, designate the organisation.

§ 18

(1) The Office shall conduct a survey of the application of the invention as to whether it fulfils the conditions for granting protection under the provisions of Sections 24 to 26, 28 and 30 of the Act.

(2) If the invention has been created by the author, who is working with or has received material support from the organisation for the creation of the invention, this organisation (Section 48 of the Act) shall add a report to the application for the invention on the results of the preliminary research on novelty, assessment of the feasibility, effect and economic usefulness of the subject of the invention application. If the report is not submitted at the same time as the application for the invention, the organisation shall send it subsequently, no later than three months after the registration of the invention.

(3) The organisation requested by the Office pursuant to Article 36 of the Law on the assessment of the effect achieved, economic usability, novelty and feasibility of the subject matter of the patent application shall submit its observations to the Office within three months of the date on which the application was received. Where justified, that period may be extended.

§ 19

(1) The publication of the application for an invention pursuant to Article 35 of the Act shall be carried out in the course of the procedure in such a way that the description and drawings can be consulted in the Office for two months.

(2) The Office shall inform the applicant in advance of the date of publication and may allow a delay of publication at the time of the reasoned request.

(3) The publication of the description and drawings of the application for the invention is announced in the Office Bulletin ("Bulletin"). The notification shall state the name, surname and address of the applicant (name and registered office of the organisation); If the applicant is not the author of the invention, the name, surname and address of the author of the invention shall be indicated. In both cases, the name and classification of the invention shall be given, the date of its registration, the indication of the priority and the file number of the application.

§ 20

(1) Opposition against the granting of a copyright or patent shall be filed in writing with the Office within three months of the date of publication of the Bulletin.

(2) The objections must be substantiated in substance and must be supported or proposed by evidence.

(3) The Office shall invite the applicant to comment on the objections. If it does not express itself within the time limit set by the Office, this shall not prevent the decision on objections.

(4) All submissions in opposition proceedings, including supporting documents, shall be made in duplicate.

(5) Opposition shall be granted if the subject matter of the patent application does not fully or partially meet the conditions laid down for the granting of the copyright or patent.

(6) The decision on objections shall be forwarded by the Office to the applicant and to the opposing party.

§ 21

(1) An invention for which an original certificate has been issued or for which a patent has been granted shall be entered by the Office in the Register of inventions and issued to the author or applicant or his successor in title with an original certificate or patent certificate.

(2) The Office shall issue a complete description by printing, including the definition of the subject matter of the invention and drawings of the copyright or patent.

(3) With evidence of the establishment of the management of the invention, the Office shall at the same time notify the competent organisation and the details of the granting of the copyright certificate.

§ 22

(1) The copyright certificate shall specify:

(a) the name, surname and address of the author of the invention;

(b) the name, surname and residence of the heir of the author, if the author is not alive at the time of granting the copyright;

(c) the number of the copyright certificate.

(2) Part of the copyright certificate is, according to § 21 (2) of this Decree, a complete description of the invention of the copyright certificate.

§ 23

(1) The patent document shall state:

(a) the name, surname and domicile or the name and registered office of the holder of the patent;

(b) the name, surname and address of the author of the invention;

(c) the patent number.

(2) In accordance with Section 21 (2) of this Decree, a full description of the patent invention is included in the patent document.

§ 24

(1) Inventions which are classified under special regulations are entered in the secret part of the Register of Inventions.

(2) The descriptions of inventions for copyright certificates and patents shall not be printed for inventions referred to in paragraph 1.

§ 25

(1) The following shall be entered in the Register of inventions for each invention:

(a) the number of the copyright or patent and the date of the decision of the Office granting protection;

(b) the name and classification of the invention;

(c) the date of registration and publication of the invention;

(d) the registration number of the invention;

(e) the name and surname of the author of the invention;

(f) the beginning of the validity of the copyright or patent and the payment of administrative fees for patents;

(g) an indication of the right of priority where applicable;

(h) the determination decision;

(i) the right of the previous user;

(j) the opening and outcome of the copyright dispute;

(k) total or partial cancellation of the copyright or patent;

(l) a declaration of dependence;

(m) the applicant's representative.

(2) In the case of an invention for which an original certificate has been issued, the following shall be entered in addition to the particulars referred to in paragraph 1:

(a) the heir of the author;

(b) the administrator of the invention.

(3) In the case of an invention for which a patent has been granted, the following shall be entered in addition to the information referred to in paragraph 1:

(a) the holder of the patent and his representative;

(b) transfer of the patent;

(c) licences;

(d) the compulsory licence;

(e) the change of the patent to the copyright certificate;

(f) the loss of the patent.

§ 26

Designation procedure

(1) A request to determine whether or not an article falls within the scope of a particular copyright or patent shall be made in writing to the Office in duplicate.

(2) The application shall certify the legal interest in the determination, state the necessary information and attach the supporting documents necessary for the decision. The supporting documents shall be presented in four copies.

(3) The Office shall invite the parties to submit their comments on the application and, if necessary, submit the necessary supporting documents. If it is not expressed within the time limit set, this shall not prevent the decision on the application.

§ 27

Cancellation and labelling procedure

(1) The application for revocation of the copyright or patent and the application for the marking of dependency shall be submitted in writing to the Office in three copies.

(2) The application and application must be substantiated in substance and must be supported or proposed by evidence.

(3) The Office shall invite the author and the administrator of the invention for which the copyright certificate has been issued or the patent holder to comment on the application or application. If it does not express itself within the time limit laid down, this shall not prevent the decision on the application or application.

§ 28

Procedure for the change of patent on the copyright certificate

(1) The amendment of the patent to the copyright certificate provided for in Article 56 of the Act will be carried out by the Office with effect from the time the patent holder's application was received by the Office.

(2) The appeal shall not have legal effect.

HLAVA TŘETÍ

Industrial design management

Application for an industrial design

§ 29

(1) The application for an industrial design shall be submitted to the Office in writing in duplicate.

(2) An application for an industrial design may contain only one industrial design; a collective application for an industrial design may contain a maximum of 20 external modifications of the same product but may be similar to each other. The application must show that the applicant applies for an industrial design certificate (hereinafter referred to as "the certificate ') or a patent for an industrial design (hereinafter referred to as" the patent').

(3) In an industrial design application, the author must declare that he is the author of the application.

(4) If the applicant exercises the right of priority under the international convention, he shall indicate in the application the date of the first application from which he derives the right of priority and the country where the application was made.

(5) The application in which the exhibition priority is applied must be accompanied by a certificate from the authority or organisation holding the exhibition stating that the product displayed and described in the application is the same as that displayed or presented. The certificate shall also include an indication of the time (date, hour and minute) when the product was brought into the exhibition or presented and an indication of whether the exhibition is still in existence or when it has been concluded.

§ 30

(1) Where an industrial design has been created by the author or by one of the co-authors in relation to the organisation or in support of the organisation or under contract with the organisation, the applicant must state that fact in the application for an industrial design.