Act No. 173 / 2002 Coll.
Law on fees for maintaining patents and supplementary protection certificates for medicinal products and plant protection products and amending certain laws
Valid
Law
Effective from 01.07.2002
173
THE LAW
of 9 April 2002
on fees for the maintenance of patents and supplementary protection certificates for medicinal products and plant protection products and amending certain laws
Parliament has decided on this law of the Czech Republic:
FEES FOR THE MAINTENANCE OF PATENTS AND ADDITIONAL PROTECTION CERTIFICATE FOR PLANT PROTECTION AND PREPARATIONS
Subject matter
(1) Under this Act, fees are charged and levied for the maintenance of the patent (hereinafter referred to as "maintenance fees for the patent '), fees for the maintenance of the European patent with effect for the Czech Republic (hereinafter referred to as" maintenance fees for the European patent'), fees for the maintenance of the supplementary protection certificate for medicinal products and plant protection products in force (hereinafter referred to as "maintenance fees for supplementary certificates') .1).
(2) The fees referred to in paragraph 1 shall be charged and collected by the Industrial Property Office (hereinafter referred to as the Office).
Rates
The rates of maintenance fees for patents, European patent maintenance fees and additional certificates are set out in the maintenance fee schedule set out in the Annex to this Act.
Claim
(1) The holder of the patent is a patent maintenance fee payer.
(2) The owner of the European patent with effects for the Czech Republic (hereinafter referred to as the European patent) is a fee for maintenance fees for the European patent.
(3) The holder of the supplementary protection certificate for medicinal products and plant protection products (hereinafter referred to as "the supplementary certificate ') shall be a fee for maintenance fees for the supplementary certificate.
Exemption from fees
The Czech Republic is exempted from paying maintenance fees.
Measurement and maturity of the patent maintenance fee
(1) Maintenance fees for the patent are paid for the individual annual period of the patent, starting from the date of filing the patent application.
(2) The first maintenance fee for the patent shall be charged by the Office by decision at the rate corresponding to the rates of the maintenance fee for the patent for the period from the filing date of the patent application to the due date of the maintenance fee for the patent. This fee shall be payable within a maximum of 3 months of the date on which the decision granting the patent becomes final.
(3) The patent maintenance fee for the following annual period shall be payable without measurement at the latest on the date on which the previous annual period expires.
Validity of the European patent maintenance fee
(1) Maintenance fees for the European patent are paid for each annual period of validity of the European patent, starting with the date of filing of the European patent application with effect for the Czech Republic.
(2) The first maintenance fee for the European patent shall be paid without measurement only for the annual periods following the annual period in which the European patent was notified in the European Patent Gazette.
(3) If the first maintenance fee for a European patent payable within 2 months of the date of notification of the grant of a European patent in the European Patent Bulletin, that fee is duly paid if it is paid within 2 months of the date of notification.
(4) The maintenance fee for the European patent for the following annual period shall be payable without measurement at the latest on the date on which the previous annual period expires.
Validity of the maintenance fee for supplementary certificates
(1) Maintenance fees for supplementary certificates are payable for the individual annual period of validity of the supplementary certificate, starting with the date of filing of the application for the invention or filing of a European patent application with effect for the Czech Republic, following the last annual period of validity of the patent or the validity of the European patent.
(2) The first maintenance fee for the supplementary certificate shall be due before the expiry of the last annual period of validity of the patent or European patent or within 2 months of the date of the acquisition of legal authority of the decision granting the supplementary protection certificate, whichever is the later.
(3) The maintenance fee for the supplementary certificate for the following annual period shall be payable without measurement at the latest on the date on which the previous annual period expires.
Common provisions on the payment of maintenance fees
(1) For each payment of a patent maintenance fee, a European patent maintenance fee or a supplementary certificate maintenance fee (hereinafter referred to as "maintenance fee '), the payer shall indicate which patent, European patent or supplementary certificate is affected by the maintenance fee payment. If the purpose of the payment is not clearly established, the Office shall invite the payer to communicate that purpose in writing within the prescribed time limit. If the taxpayer does not comply with this call, the payment shall be deemed not to have taken place and the Office shall reimburse the payment.
(2) If the maintenance fee due is not paid at the specified amount, the Office shall invite the payer to pay it back within 15 days of the date of receipt of the call. After the time limit has expired, the maintenance fee shall be deemed not to have been paid. The Office shall reimburse the payer within 30 days of the date of the futile expiry of the period of payment which it has received. Paragraph 4 shall be without prejudice to this.
(3) The maintenance fee may be duly paid at least one year before its due date. A maintenance fee which has been paid early shall be recognised by the Office for duly paid only on written application by the taxpayer only if it is paid at the level laid down by this Law.
(4) If the maintenance fee has not been paid within the prescribed period or if it is deemed not to have been paid in accordance with paragraph 2, the payer may pay it retrospectively within 6 months of its due date. In this case, the taxpayer shall, at the same time as the maintenance fee payable, pay a penalty equal to the maintenance fee payable.
(1) The Office shall reimburse the maintenance fee paid if no obligation to pay it has been incurred; This does not apply if, at the request of the taxpayer pursuant to § 8 (3) The Office has recognised a maintenance fee not yet due for duly paid.
(2) The Office shall, without any request, reimburse the taxpayer for the amount by which he paid more for the maintenance fee than he was obliged if this amount exceeds CZK 50.
(3) The Office will not refund the maintenance fee already paid if, upon payment of the maintenance fee, the patent, European patent or supplementary certificate has been cancelled or cancelled, including the maintenance fee paid prematurely in accordance with Article 8 (3).
Method of payment of maintenance fees
(1) Maintenance fees are payable in Czech currency
(a) a cash transfer from an account held with a bank or branch of a foreign bank or savings and credit cooperative to the competent account of the Office;
(b) cash
1. through a bank or branch of a foreign bank or savings and credit cooperative or the holder of a postal licence for the competent account of the Office;
2. its composition in the Office's treasury; the Office is obliged to issue a certificate for the payment received;
(c) a check.
(2) The Office will publish the numbers of the relevant accounts for the payment of maintenance fees in the Industrial Property Office Bulletin.
Management
(1) Unless otherwise provided for in this law, the maintenance fee may not be:
(a) forgive the delay in payment;
(b) allow a stay with its payment; or
(c) authorise its payment in instalments.
(2) Unless otherwise provided by this Law, the provisions of the special legislation governing the administration of taxes and charges shall apply to proceedings in respect of maintenance fees. 2)
Budget identification of maintenance fees
Maintenance fees are the income of the state budget. The Office for the Czech Republic pays a proportion of the income from the maintenance fee for the European patent to the European Patent Organisation in the manner, at the level and time limits laid down by the International Treaty, approved by Parliament, ratified and declared and bound by the Czech Republic. 3)
Transitional provisions
(1) If the first administrative fee for maintaining the patent has been charged before the date of entry into force of this Act, but is due after the date of entry into force of this Act, it shall be applied according to the existing rules.
(2) Where the administrative fee for the maintenance of the patent has been due and paid in accordance with the existing rules before the date of entry into force of this Act, it shall be deemed to have been duly paid in accordance with this Act for the entire period for which it was paid.
(3) If the administrative fee for the maintenance of the patent, which is due after the date of entry into force of this Act, has been paid in advance, the administrative fee shall be deemed to be the maintenance fee for the patent under this Act, provided that it fulfils the conditions laid down by this Law.
(4) If the administrative fee for the maintenance of the patent which was due before the date of entry into force of this Act has not been paid at the specified amount, the taxpayer shall be obliged to pay the administrative fee in accordance with existing legislation; the Office's call for payment of the administrative fee shall be followed in accordance with this Act.
(5) If the period for payment of the administrative fee for the maintenance of the patent has expired in vain under the existing legislation before the date of entry into force of this Act and this administrative fee has been paid under the existing legislation within a further period of 6 months, this administrative fee shall be deemed to be the maintenance fee for the patent under this law.
Amendment of the Administrative Charges Act
Act No. 1 / 2000 Coll., Act No. 1 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 1 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 5 / 1994 Coll., Act No. 36 / 1995 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 1994 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 1 / 2000 Coll.
1. In the notes to Part VIII of the Tariff of Administrative Fees, the figure "114 'in point 1 is deleted.
2. In the schedule of administrative fees, entry 114, including the notes, is deleted.
Amendment of the law on inventions and improvements
Act No. 527 / 1990 Coll., on inventions and improvements, as amended by Act No. 519 / 1991 Coll., Act No. 116 / 2000 Coll. and Act No. 207 / 2000 Coll., is amended as follows:
1. in Paragraph 19 (4), including footnote 3a):
"(4) For maintaining the validity of the patent for which the holder has offered a licence pursuant to paragraph 1, fees shall be paid under the special legislature3a only in half.
3a) Act No. 173 / 2002 Coll., on fees for maintaining patents and supplementary protection certificates for medicinal products and plant protection products and amending certain laws. '
2. In Paragraph 21 (2), the word "administrative 'is deleted and footnote 4 is replaced by the reference to footnote 3a.
3. Paragraph 21 (3) reads as follows:
"(3) The rights of third parties who have started, in good faith, after a futile expiry of the period for payment of the fee for the use of the object of the invention or for such use have made serious and effective preparations shall not be affected by the payment of that fee within an additional period. ';
4. In Article 22 (b), the words "administrative fees (4) for maintaining the validity of the patent 'are replaced by the words" fees for maintaining the patent in plates3a'.
5. § 35g reads:
(1) For maintaining the European patent, the owner shall be obliged to pay the fees under a special legislation. 3a)
(2) The rights of third parties who have started, in good faith, after the futile expiry of the period for payment of the fee for the use of the object of the invention or for such use have made serious and effective preparations are not affected by the payment of that fee within an additional period. "
6. In Article 35m (3), the words "administrative charges under special legislation4) 'are replaced by the words" fees under special legislation3a'.
7. In Paragraph 35m (4), the words "after the futile expiry of the period for payment of the maintenance fee have begun in good faith 'are replaced by the words" after the futile expiry of the period for payment of the maintenance fee,'.
8. in Paragraph 35n (1) (c), the word "administrative" shall be deleted;
9. In Paragraph 88, the second sentence is deleted.
Amendment to the Act amending certain laws on the protection of industrial property
In Article X of Act No 116 / 2000 Coll., amending certain laws on the protection of industrial property, the words "1 July 2002 'are replaced by the words" the date on which the ratified and declared Convention on the Grant of European Patents for the Czech Republic becomes binding'.
EFFECTIVE
This Act takes effect on the date on which the ratified and declared Convention on the Grant of European Patents for the Czech Republic becomes binding.
Klaus v. r.
Havel v. r.
Zeman v. r.
Annex to Act No. 173 / 2002 Coll.
Maintenance fee box
1. Charges for patent maintenance
a) for the first year from the filing date of the application for the invention of CZK 1,000,
b) for the second year after the date of filing of the application for the invention 1000 CZK,
c) for the third year after the filing date of the application for the invention of CZK 1,000,
d) for the fourth year after the filing date of the application for the invention of CZK 1,000,
e) for the fifth year after the filing date of the application for the invention 2000 CZK,
f) for the sixth year after the filing date of the application for the invention 2 000 CZK,
g) for the seventh year after the filing date of the application for the invention of CZK 2,000,
h) for the eighth year after the filing date of the application for the invention 2 000 CZK,
i) for the ninth year after the filing date of the application for the invention 3,000 CZK,
j) for the tenth year after the filing date of the patent application 4,000 CZK,
k) for the eleventh year after the filing date of the application for the invention 6 000 CZK,
l) for the twelfth year after the filing date of the patent application 8,000 CZK,
m) for the thirteenth year after the filing date of the application for the invention 10 000 CZK,
n) for the fourteenth year after the filing date of the application for the invention 12 000 CZK,
o) for the 15th year after the filing date of the patent application 14,000 CZK,
p) for the 16th year after the filing date of the application for the invention 16000 CZK,
q) for the seventeenth year after the filing date of the application for the invention 18 000 CZK,
r) for the eighteenth year after the filing date of the application for the invention 20 000 CZK,
s) for the nineteenth year after the filing date of the patent application 22 000 CZK,
t) for the 20th year after the filing date of the application of the invention 24,000 CZK.
2. Charges for maintaining European patents in force
a) for the first year after the filing date of the European patent application, CZK 1,000,
b) for the second year after the filing date of the European patent application 1 000 CZK,
c) for the third year after the filing date of the European patent application, 1000 CZK,
d) for the fourth year after the filing date of the European patent application 1 000 CZK,
e) for the fifth year from the filing date of the European patent application CZK 2,000,
f) for the sixth year from the filing date of the European patent application CZK 2 000,
g) for the seventh year after the filing date of the European patent application CZK 2 000,
h) for the eighth year after the filing date of the European patent application 2 000 CZK,
i) for the ninth year after the filing date of the European patent application 3 000 CZK,
j) for the tenth year from the filing date of the European patent application CZK 4,000,
k) for the eleventh year after the filing date of the European patent application 6 000 CZK,
l) for the twelfth year from the filing date of the European patent application 8,000 CZK,
m) for the 13th year after the filing date of the European patent application 10 000 CZK,
n) for the fourteenth year after the filing date of the European patent application 12 000 CZK,
o) for the 15th year from the filing date of the European patent application CZK 14,000,
p) for the 16th year after the filing date of the European patent application 16000 CZK,
q) for the seventeenth year after the filing date of the European patent application 18 000 CZK,
r) for the eighteenth year after the filing date of the European patent application 20 000 CZK,
s) for the nineteenth year after the filing date of the European patent application 22 000 CZK,
t) for the 20th year from the filing date of the European patent application 24,000 CZK.
3. The schedule of fees for maintaining supplementary certificates in force
(a) for the first year of validity of the supplementary certificate, CZK 26,000,
(b) for the second year of validity of the supplementary certificate 28 000 CZK,
(c) for the third year of validity of the supplementary certificate 30 000 CZK,
(d) for the fourth year of validity of the supplementary certificate, CZK 32 000,
e) for the fifth year of validity of the additional certificate 34 000 CZK.
1) Act No. 527 / 1990 Coll., on inventions and improvements, as amended.
2) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
3) The Convention on the Grant of European Patents (European Patent Convention) adopted in Munich on 5 October 1973, as amended by the Act reviewing Article 63 of the European Patent Convention of 17 December 1991 and the Decision of the Management Board of the European Patent Organisation of 21 December 1978, 13 December 1994, 20 October 1995, 5 December 1996 and 10 December 1998, and the Revision Act of the Convention on the Grant of European Patents adopted in Munich on 29 November 2000.
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Regulation Information
| Citation | Act No. 173 / 2002 Coll., on fees for maintaining patents and supplementary protection certificates for medicinal products and plant protection products and amending certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.05.2002 |
|---|---|
| Effective from | 01.07.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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