Decree of the Ministry of Health of the Czech Socialist Republic No. 115 / 1975 Coll.
Decree of the Ministry of Health of the Czech Socialist Republic on certificates for new ways of preventing, diagnosing and treating people
Valid
Effective from 01.11.1975
115
DECLARATION
Ministry of Health of the Czech Socialist Republic
of 29 September 1975
on certificates for new ways of preventing, diagnosing and treating people
The Ministry of Health of the Czech Socialist Republic provides in an agreement with the Ministry of Finance of the Czech Socialist Republic and the Office for inventions and discoveries pursuant to § 155 paragraph 2 of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs:
BASIC PROVISIONS
(1) A new method of preventing, diagnosing and treating people (hereinafter referred to as the "new method") is a concrete solution to a preventive, investigation or treatment procedure which, in accordance with the development of medical or pharmaceutical sciences, is manifested by proven improvement, acceleration or discount
(a) protection against diseases;
(b) diagnostics of diseases, accidents, consequences, physiological conditions and defects; or
(c) the treatment of diseases, accidents, consequences and defects.
(2) The subject matter of the application for the new method is new, if it was not the right of priority from the applicant, known in the Czechoslovak Socialist Republic or abroad from publicly available sources, in particular if it was not described or displayed in published printed matter or if it was not generally used, or if it was not presented or presented, so clearly and clearly that experts could use it on this basis.
(3) The specific solution is not:
(a) a mere subject;
(b) a description of the new method without scientifically proven and justified effect;
(c) a mere warning of the shortcomings of the method of prevention, diagnosis and treatment of humans used so far.
(4) A new method of diagnosis within the meaning of this Decree is not the clinical laboratory investigation methods performed outside the body of a living person. 1)
(1) The author of the new method is the one who solved it with his own creative work.
(2) The new method gives the author the right to copyright, the right to certification and the right to remuneration when the new method is used. The right to copyright is not transferable.
(3) The co-authors are those who have participated in joint creative work to solve the new method. The co-authors of the new method shall participate equally in rights and obligations, unless they agree otherwise or if the court decides otherwise.
PROCEDURE FOR NEW METHODS
Application for a new method
(1) The application for the new method is submitted by the author or his heir to the Ministry of Health of the Czech Socialist Republic (hereinafter referred to as "the Ministry") in writing in duplicate.
(2) The application shall contain only one new method and shall show that the author (his heir) applies for the certificate.
(3) If several co-authors submit the application, they shall indicate in the application the name and address of the co-author to whom the reports and decisions of the Ministry are to be sent; If they do not, it will be determined by the Ministry. If they have a joint representative, the reports and decisions shall be sent to that representative.
If the new method has been developed by the author or by one of the co-authors in carrying out the tasks relating to the organisation or in direct connection with their performance or with the material support of the organisation, the author must indicate this in the application for the new method. If the author is aware that the new method affects a particular planned task, he shall also indicate this in the application.
(1) The application for a new method shall include:
(a) the name, surname, permanent residence and citizenship of the author (co-author), the name and registered office of the organisation in which he works and his working title in that organisation;
(b) the name of the new method;
(c) a self-signed declaration by the applicant that he is the author of the new method or its heir;
(d) an application for certification for a new method signed by the author or co-author or, where appropriate, the heir or representative;
(e) a declaration by the author that he has notified his employer of the application;
(f) the name, surname, permanent residence and citizenship of the heir, as well as proof of the acquisition of the inheritance, if the heir submits the application;
(g) the name, surname, permanent residence, or the name and address of the representative and the authority of attorney, if the author (co-author) is represented.
(2) An annex containing:
(a) a description of the new method and a scientific analysis with detailed documentation on its novelty and effect and a comparison of the existing method of prevention, diagnosis or treatment of humans;
(b) clarification of the advantages and disadvantages of the new method;
(c) an indication of the medical disciplines in which new methods can be used;
(d) the definition of a new method (subject matter of the certificate).
Negotiating the application of the new method
(1) On the application of the new method, the Ministry shall indicate the delivery time (date and hour) and enter it in the list of applications for new methods.
(2) The Ministry shall issue a certificate to the author of the application.
(1) Since the application for the new method has been issued to the Ministry, the author is entitled to priority.
(2) If it is not clear from the description what the subject matter of the application lies, the author shall have the right of priority since a sufficient description has been delivered to the Ministry.
(3) If the author changes the subject of the application during the hearing, he shall be entitled to priority only from the time when the submission containing the change occurs to the Ministry.
(1) If the application does not comply with the new method prescribed by the requirements, the Ministry shall invite the author to remove the affected defects within the prescribed time limit.
(2) If the author does not remove the written defects within the prescribed period, the Ministry may reject the application.
(1) The Ministry shall submit an application for a new method of examination as to whether its subject matter meets the conditions laid down for certification.
(2) At the invitation of the Ministry the author is obliged to participate in the experimental verification of the new method. If the author does not comply with this call without a serious reason, the Ministry may refuse the application.
Certification of new methods
(1) If the subject matter of the application complies with the new method, the Ministry shall issue a certificate to the author for the new method. However, the certificate shall not be granted if the subject matter of the application is identical to that of another application with the former right of priority.
(2) The certificate shall contain:
(a) the author's name, surname and permanent residence;
(b) the number of the certificate and the date of issue of the certificate;
(c) the name of the new method;
(d) the date from which the author has the right of priority,
(e) a description of the new method.
(3) The certificate shall recognise the subject matter of the application as a new method and the copyright and right of priority shall be confirmed.
(4) The privileges of the certificate are valid from the date of filing of the application. The validity of the certificate shall not be limited in time.
(5) The Ministry will record the certification data on the list of new methods and announce the certification including the definition of a new method in the Ministry of Health Bulletin of the Czech Socialist Republic.
IMPLEMENTATION AND REDUCTION OF NEW METHODS
Organisations are required to introduce, without undue delay, new methods for which certification has been granted where they relate to their field of activity.
(1) The right to remuneration is conferred on the author by a new method for which certification has been granted.
(2) The remuneration shall be determined by the Ministry on the basis of the social benefits achieved by the introduction of a new method, taking into account in particular the reduction of mortality, incapacity for work, disability or suffering of treated persons, the improvement of the effectiveness of prevention and therapy and the accuracy of diagnosis.
(3) The remuneration is at least 1000 CZK.
(4) The reward is one-off and paid by the Ministry. If a shorter period is not agreed, the remuneration shall be payable within one month of the end of the year following the beginning of the use of the new method.
(5) If, at least five years after the introduction of the new method, it is found that it has achieved particularly significant social benefits, the Ministry may still pay a special reward to the author (his heir), taking into account the extent of the social benefits and the level of remuneration already paid to the author for the new method.
COMMON AND FINAL PROVISIONS
The provisions of Act No 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations) apply to the certification procedure for new methods, unless otherwise provided by this Decree.
The rights of certificates granted in the Slovak Socialist Republic also apply in the territory of the Czech Socialist Republic.
Organisations are required to ensure that new methods developed by their staff in the performance of their tasks, in particular new methods arising from the management of the planned research tasks, are entered in due time under this decree.
The provisions of this Decree shall also apply to applications for new methods submitted before the beginning of its effectiveness, unless such applications have already been decided.
This Decree shall take effect on 1 November 1975.
Minister:
Prof. MUDr. Prohlo, CSc.
1) New clinical laboratory investigation methods that solve the technical problem may be protected as inventions under Section 24 of Act No. 84 / 1972 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Health of the Czech Socialist Republic No. 115 / 1975 Coll., on certificates for new methods of prevention, diagnosis and treatment of people |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.10.1975 |
|---|---|
| Effective from | 01.11.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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