Decree of the Office of Inventions and Discoveries No. 105 / 1972 Coll.
Decree of the Office for Inventions and Discussions on Improving Proposals
Valid
Effective from 01.01.1973
105
DECLARATION
Inventions and discoveries office
of 12 December 1972
on improvement proposals
The Office for inventions and discoveries pursuant to Article 155 (1) (a) and (b) of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and designs (hereinafter referred to as "the Act '), in agreement with the participating central authorities and with the Central Council of Trade Unions, provides:
Subject matter and scope of protection
This decree provides for more detailed reporting, discussion, use and dissemination of improvement proposals.
Tasks of institutions, organisations and cooperation with social organisations
(1) Under the Act, institutions and socialist organisations are required to create optimal conditions for the development of the creative initiative of improvement, to guide the creation of improvement proposals in line with the needs of the national economy to achieve the tasks of the national national national economic plans and economic plans of the socialist organisations (hereinafter referred to as "organisations") and the needs of the programmes of comprehensive socialist rationalisation, in particular by announcing plans of thematic tasks. They are also required to create assumptions and to take care of the use and dissemination of improvement proposals so that they are used for technical progress and the planned development of the national economy. The institutions and organisations are also required to ensure material technical conditions for the provision of the widest assistance to authors of improvements in the design and enforcement of improvement proposals. Organisations shall assist authors in drawing up applications for improvements, including sketches and drawings, and in drawing up drawings, prototypes, models and samples needed to test and use the subject of the application for improvements.
(2) Organisations are required to determine the responsibilities and sub-tasks of the relevant departments at the time stages in the assessment, discussion and decision-making of applications for improvement proposals, their testing, exploitation and dissemination.
(3) In the performance of their tasks in the field of improvement proposals, the institutions and organisations consistently create the preconditions for the Revolutionary Trade Union Movement to be able to fully exercise its role in the political organisation of the development of the creative initiative of workers. In this spirit, the revolutionary trade union movement in that area shall in particular:
(a) ensure the development, stimulation and planning of the improvement initiative and its management through thematic planning, and assist in promoting the results of creative activities into the national economy;
(b) assist in increasing the skills of improvement and in promoting and strengthening the role of material, moral and social evaluation of the results of their activities;
(c) organise and promote the provision of universal assistance to authors in the testing, development and implementation of improvement proposals by institutions and organisations;
d) organise a social control of the preservation of the rights of improvement workers and organisations, respect for socialist legality, economic and planning discipline in the field of improvement and help to overcome obstacles and eliminate difficulties.
(4) The institutions and organisations also create the preconditions for continuous cooperation with the Socialist Youth Union and the Czechoslovak Scientific and Technical Society in obtaining working and working and studying youth for voluntary technical creative work and in organising and providing assistance in this technical creative activity and in the planned implementation of its results.
Submission and consultation of improvement proposals
Application for an improvement proposal
(1) The application for an improvement proposal shall be submitted in writing and shall contain a proposal (or proposals) for a specific solution to only one problem. If the application contains proposals for specific solutions to several problems, the proposal for a specific solution to each problem is considered as a separate application. If the applicant is unable to submit a proposal in writing, the organisation shall provide him with the necessary assistance in writing for the application for the improvement proposal.
(2) If the application for an improvement proposal is not clear or complete, the organisation or senior body with which the application has been filed pursuant to Article 63 (2) of the Act shall invite the applicant to clarify or supplement it within a reasonable period, as determined by the organisation. If the applicant complies with this call after the time limit laid down, the application shall be deemed to have been lodged on the date on which it was clarified or supplemented.
(3) The application for an improvement proposal may only be clarified or supplemented by a separate written submission.
The application for improvement shall indicate that it is an application for improvement, which shall include:
(a) the name, surname and address of the applicant, an indication of where he works and his working title in the organisation. If several co-applicants submit an application, each co-applicant shall provide this information;
(b) the name of the improvement proposal;
(c) a brief description of the situation and its advantages and disadvantages; the problem that is addressed, the description of the proposed solution and the sketch or drawing, if necessary to understand the proposal, and the anticipated advantages of the proposed solution;
(d) a statement by the applicant as to whether and in which organisations he has submitted the same application for an improvement proposal; where the subject of the application has already been used and which organisation is the administrator of the improvement proposal, or whether the applicant has submitted an application for the same application for an invention or design;
(e) a declaration by the applicant that he is the author of the improvement proposal (Section 2 of the Act);
(f) the handwritten signature of the applicant or of any co-applicants and the date of drawing up of the application for an improvement proposal.
If several co-applicants submit an application for an improvement, they shall indicate in the application the name and address of the person to whom the reports and decisions of the organisation are to be sent; If they do not do so, the reports and decisions shall be sent to the co-applicant, who shall appear in the first place.
Negotiating the application for an improvement proposal
Each organisation shall keep a diary of improvement proposals in accordance with the model issued by the Office for Inventions and Disclosure ("the Office '). The diary must be tied and pages.
(1) Every application submitted for an improvement proposal shall be entered immediately by the organisation in the improvement proposal log, indicating the date on which the application was run out of the organisation (regardless of whether it is responsible for its discussion). Extended improvements (section 75 of the Act), applications for inventions for which a copyright certificate is requested (section 63 (4) and (64) (3) of the Act), applications for industrial designs for which certification is requested (section 63 (4) of the Act) and proposals for solutions to thematic tasks (section 113 (4) of the Act) are also included.
(2) From the improvement proposals, extended in bulk publications, intended to expand the improvement proposals, the organisation only records those extended improvements that relate to the scope of the organisation's activities or can be used to ensure the organisation's economic activities.
(3) An application for an improvement proposal submitted to the authority directly to the supervisor (Section 63 (2) of the Act) is required to be submitted in a copy within 15 days of the date of the receipt of the application to all subordinate organisations whose subject-matter relates to the subject-matter of the application, at the same time as the period from which the author of the application for improvement is entitled to priority with the supervisory authority. The provisions of paragraph 1 of the first sentence of paragraph 1 shall apply to the entries of such applications to the superior body and to the subordinate organisations, with the submission of the date on which the application was received by the superior body in the diary as the date of submission; in addition, the date of receipt of the application from the superior authority shall be indicated in the journal.
(4) The organisation does not include in the journal improvements of applications for inventions and solutions to thematic tasks which have been referred to it by another organisation, not for use, but only for the preparation of an opinion or for expression; However, such applications shall be kept in a separate register.
The organisation responsible for deciding on the application for an improvement proposal (Section 63 (1), first sentence of the Law), as well as the directly superior body with which the application for an improvement proposal has been submitted (Section 63 (2) of the Act), shall issue the applicant with a certificate of filing the application for an improvement proposal within 10 days. The certificate shall indicate the number under which the application was registered in the improvement journal, the date on which the application was run out of the organisation or authority, the name of the applicant and the name of the improvement proposal.
(1) In order to decide on the application for an improvement proposal, the product being manufactured and used in one organisation is the producer concerned (Sections 65 (1) and 63 (1) of the Act).
(2) The obligation of the organisation to decide on the application for an improvement proposal (Section 65 (1) of the Act) is not affected by the fact that the social benefits of the use of the improvement proposal will appear in another organisation.
An organisation with an application for an improvement proposal which does not concern its subject matter (§ 63 (1), second sentence) must refer the application to the organisation referred to in § 63 (1), first sentence, within 10 days of the date on which the application was filed. Within the same period, the organisation shall inform the applicant of the transfer of the application.
(1) Where an application is made for an improvement of the author's design, which is in a work, Member or other similar relationship to the organisation, the organisation shall also assess whether and to what extent the applicant has exceeded the improvement of the task, resulting for him in particular from his description of the work, the work order or the conditions and indicators set out in the assignment. In the event of disagreement, the organisation shall demonstrate that the task has not been exceeded.
(2) Before deciding on the application for an improvement proposal, the organisation shall first assess the application in the light of whether it should not be rejected because it is prevented by another application for the same improvement proposal, which was submitted in an organisation with an earlier priority right (Section 64 (1) of the Act) or the right of another author from a protected invention or industrial design; If this is not the case, the organisation shall examine whether the subject of the application meets the conditions laid down by law for the improvement proposal.
(3) The organisation shall also consider the present application for an improvement proposal in terms of whether it could be an invention or an industrial design and, if appropriate, take care of the filing of the application and provide the applicant with the necessary assistance.
(1) The implementation of demonstrable preparations [Paragraph 59 (1) (a) of the Act] is concrete and documentary evidence supported by and verifiable measures by the organisation ensuring that the solution identical to the subject of the application for an improvement is used.
(2) In particular, specific measures to ensure the organisation of the use of the solution can be demonstrated:
(a) the relevant planning basis ensuring the use of the solution;
(b) design, technological or other supporting documents of the organisation;
(c) preparation for the testing, development or actual implementation of the measures in the organisation.
(1) The deadline for deciding on the application for an improvement proposal (Section 67 of the Act), which has been clarified or supplemented by an additional submission (Section 3 (2) of the Decree), starts to run from the date on which the organisation received this additional submission.
(2) If the applicant changes the substance of the subject matter of the application for the improvement proposal during the examination of the application, the applicant shall be entitled to priority only from the time the submission containing the amendment reaches the organisation.
(1) If the decision on the application requires an improvement proposal to test its subject matter, the organisation shall notify the applicant without delay, invite him to participate and notify him of the necessary information, in particular the place and date of the examinations, and inform the applicant of the organisation in which the applicant is working.
(2) The obligation to invite the applicant does not have an organisation where the costs of the author's participation would be demonstrated in considerable disproportion to the expected social benefits of the use of his improvement proposal or would have a demonstrable adverse effect on him.
(1) The assessment of the application for an improvement proposal must be based on a reliable and factually established state of play, shall include an opinion on the possibility of using the subject of the application for an improvement proposal in the organisation and, in the case of a positive opinion, a proposal for the necessary measures.
(2) In assessing the application for an improvement proposal, the organisation may waive the name of the applicant.
(3) The decision on the application for an improvement proposal shall be communicated by the organisation to the applicant in writing.
(4) In a positive decision on the application for an improvement proposal, the organisation shall inform the applicant when it will start using the subject of the application for an improvement proposal and what measures it will take to make use of it. At the same time as this decision, the author of the improvement proposal shall issue an improvement certificate containing:
(a) the name, surname and residence of the author (s) of the improvement proposal;
(b) an indication of the employment and title of the author of the improvement proposal;
(c) the contribution of each co-author to the creation of an improvement proposal;
(d) the name of the improvement proposal;
(e) the name and address of the organisation that has positively decided on the application for an improvement proposal;
(f) the name and address of the organisation which is the administrator of the improvement proposal.
(5) The organisation's improvement licence shall also indicate the date on which the improvement proposal begins, the amount of social benefit and the remuneration paid.
(6) The model of the improving licence shall be issued by the Office.
(1) The organisation is required to give detailed and factual reasons for its decision to reject the application for an improvement proposal or to withdraw the original decision on the use of the improvement proposal and to provide in the decision also with a reference to the review of this Decision.
(2) The competent authority shall examine the matter and decide on the request for review within two months of the date of receipt of the request; it shall communicate its decision in writing to the applicant and the organisation. If, for serious reasons, the superior authority cannot decide on the application within two months of its receipt, it shall notify the applicant and the organisation within the same time limit, stating the reason and the time limit by which it decides on the application.
Use of improvement proposals
The organisation that has decided positively on the improvement proposal shall ensure its accelerated use, in particular:
(a) a decision to include it in the relevant part of the economic plan;
(b) an order to use the improvement proposal without including it in the relevant part of the organisation's economic plan;
(c) the approval of the technical documentation if the improvement proposal has been discussed during research, development, design or preparation of production.
(1) The initial use of the improvement proposal (Section 68 of the Act) is in particular:
(a) the start of production of a new product or plant according to the improvement proposal;
(b) the start of the use of the proposed technology, production or work process or method according to the improvement proposal;
(c) the approval of the project documentation in which the project solution has been included according to the improvement proposal;
(d) the start of the implementation of technical and organisational economic measures according to the improvement proposal;
(e) the start of the application of measures to improve working conditions or improve work safety in accordance with the improvement proposal.
(2) The mere testing and verification of the feasibility and social utility of the subject matter of the improvement proposal application is not a use of the improvement proposal.
(1) An organisation which has made use of an improvement proposal, which can also be used in other organisations, is required to assess its importance within three months of the beginning of its use and to transmit it with documentation to its superior body for extension. At the same time, the organisation takes care of its widest use by extending a proven improvement proposal directly to other, eligible organisations (Section 75 of the Act).
(2) The institutions and organisations disseminate good improvement proposals by publishing them in sectoral and sectoral, for this purpose specified publications. Particularly significant improvement proposals extend the Research, Technical and Economic Information Headquarters in the relevant publication.
(3) Extended improvement proposals must contain the elements referred to in Section 4 (1). (a) - (d) this decree and, if already used, an indication of the results achieved.
(4) The provisions of the relevant international agreements and the arrangements of the Council's expert bodies on mutual economic assistance shall apply to the application, transmission and use of improvement proposals in the context of economic and scientific and technical cooperation between the Member States of the Council of Economic Assistance.
This Decree shall take effect on 1 January 1973.
Chairman:
Ing. White Head
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Regulation Information
| Citation | Decree of the Office of Inventions and Discoveries No. 105 / 1972 Coll., on Improving Proposals |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.1972 |
|---|---|
| Effective from | 01.01.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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