What is Act No. 34 / 1957 Coll.?

Act No. 34 / 1957 Coll., on inventions, discoveries and improvements — Law on inventions, discoveries and improvements.

When it became Act No. 34 / 1957 Coll. effectiveness?

Act No. 34 / 1957 Coll. became effective 15.08.1957.

Is Act No. 34 / 1957 Coll. still valid?

Yes, Act No. 34 / 1957 Coll. is still valid and effective.

Act No. 34 / 1957 Coll. - Law on inventions, discoveries and impro...

34

Law

of 5 July 1957

on inventions, discoveries and improvements.

The National Assembly of the Czechoslovak Republic decided on the following Act:

HLAVA I

Inventions

Část první

§ 1

Subject matter of law

(1) An invention under this law is considered to be a solution to a technical problem which is new and which means progress against the state of the art, which is manifested by a new or higher effect.

(2) Patents are granted for inventions the object of which can be industrially manufactured or which can be used for the operation of production.

(3) Food, medicinal products and chemically manufactured substances are granted patents only in respect of their method of manufacture.

(4) New ways of treating diseases and protecting against diseases, new varieties of seeds and plants and new breeds of animals are not granted patents, but certificates of origin. The details of the certificates of origin, in particular their award and effect, as well as the relevant remuneration, shall be adapted by the relevant ministers in the Official Journal in agreement with the Minister of Finance and the Chairman of the State Office for Inventions and Standardisation (hereinafter the Office).

§ 2

Legal entity

(1) Patent may be granted only in the name of the originator of the invention. A patent may be applied for by application of an invention of the originator or his heir.

(2) Only one patent may be granted to an invention which is the result of collective work, namely co-producers or co-producers who have submitted an application for the invention. The co-producer shall not be considered to have provided technical assistance to the originator.

(3) Where the invention has been made by the originator or by one of the co-originators in connection with his work on the holding or has received material aid from the firm, the originator (s) shall, if the application for the invention is made, state these circumstances and make a notification of the undertaking at the same time. If the originator (or all co-authors) is reluctant to apply for such an invention and the State interests may be compromised, the undertaking may itself, with the permission of the Office, submit the application on behalf of the originator (co-author).

(4) The Office will decide whether the invention was made under the conditions set out in paragraph 3.

(5) In the event of death, the State shall have the status of heir.

(6) Where an undertaking is mentioned in this law, it is understood that the nature of the matter does not imply otherwise, including other economic organisations, as well as budgetary organisations.

§ 3

Effects of the patent

(1) An invention to which a patent has been granted must not be used without the consent of the holder of the patent (the originator or his heir) or without the consent of the right to consent to the use of the patent.

(2) The invention is used by the person who manufactures, trades or uses the article or who operates the production.

(3) The consent to use the invention is given by a contract indicating in particular: the extent of the rights of the invention, the beginning and the duration of the contract, the conditions for the participation of the originator (heir) in the elaboration and introduction of the invention and the amount of the remuneration and the method of payment thereof.

(4) The contract for the use of the invention takes effect by registration in the patent register.

(5) If it is for the benefit of the national economy to use the subject-matter of the application before the grant of the patent, the undertaking shall conclude a contract to use the subject-matter of the application on condition that the patent is granted; If it is not awarded, the contract may be replaced by an agreement on the use of the improvement proposal and the remuneration for it (hereinafter referred to as the Utilisation and Reward Agreement).

(6) When granting a patent on an invention made in the circumstances referred to in Paragraph 2 (3), the right to exploit the invention of the State shall be exercised. The same right shall apply to the State if the invention is handed over to the State by the originator (heir), who has made the invention independently of the work in the undertaking or has not received material aid from the undertaking. The invention may be surrendered to the State at the same time as the application for, or during, the patent procedure or throughout the period of validity of the patent, provided that the right to use the invention is no longer for anyone else. If, in those cases, the State makes use of the invention, a contract must be concluded with the originator (s) to participate in the development and introduction of the invention, as well as the remuneration and method of payment thereof.

(7) If the right to exploit the invention of the State is appropriate, then, under the conditions laid down for the undertakings of the invention, they may also benefit from folk cooperatives and cooperative organisations.

(8) If, in the cases referred to in paragraph 6, there is no agreement on remuneration, it shall be decided by the court, unless the conciliation procedure in the relevant trade union organisation has led to the elimination of disagreement. Without such proceedings, the originator (heir) may not claim the action before the court. The period during which negotiations took place before the relevant trade union organisation does not count as a period of limitation.

(9) The author of the invention in respect of which the right of recovery is the responsibility of the State shall comply in due time with the requirements of the company relating to filing the application abroad. If, abroad, a patent is granted for such an invention or for its use, the originator (heir) shall be entitled to a special remuneration, the amount of which shall be determined by contract. If it does not comply with these requirements without serious reasons, the undertaking shall have the right to submit the application itself, indicating the originator. The remuneration may be reduced or withheld if the originator (heir) has not complied in time with the requirements of the undertaking concerning the filing of the application abroad. If there is no agreement on remuneration, paragraph 8 shall apply mutatis mutandis.

(10) The Directive on remuneration for inventions will be issued by the President of the Office in agreement with the Minister for Finance.

§ 4

Duration of the patent

(1) The patent is valid for 15 years from the date of filing the patent application.

(2) The patent shall cease:

(a) if its period of validity expires,

(b) if administrative fees are not paid on time,

(c) if its owner gives it up. In this case, the patent shall cease when the written declaration of surrender has been made to the Office.

§ 5

Request for designation

The holder of the patent and anyone who proves his / her legal interest may apply to the Office to determine whether or not the patent referred to therein is infringed. The designation issued by the Office shall be binding on the courts and other state bodies.

§ 6

Repeal of the patent

(1) The Office shall revoke the patent whenever it finds that the subject matter of the patent has not been met by the conditions prescribed for the grant of the patent. If these conditions were not met only for a part of the patent, only that part of the patent shall be abolished.

(2) Cancellation has been in effect since the start of validity of the patent.

§ 7

Disputes of origin

(1) Disputes concerning origin (coorigination) are decided by the court.

(2) The Office shall rewrite the patent on a person recognised by the originator or co-author by a final judgment of the Court.

(3) If a contract for the use of the invention has been concluded, when transcribing the patent, the rights and obligations of that contract shall be transferred to the person to whom the patent has been transcribed, unless that person requests the conclusion of a new contract; If the contract pays a remuneration, the recipient shall be obliged to pay it to that person. The same applies mutatis mutandis to the contract referred to in § 3 (6).

(4) If a dispute concerning origin (coorigination) has been initiated during the application procedure, the Office shall continue the application procedure, but the decision shall be given only after the legal authority has given its decision.

Limitation of patent effects

§ 8

(1) The patent does not act against those who, irrespective of the author before filing the patent application, have used the subject of the patent or carried out the measures necessary for such use.

(2) The previous user may request the holder of the patent to recognise his right by issuing the instrument; if denied, the court shall decide on that right.

§ 9

In cases where the invention is of particular importance to the State (for example, the meaning of defence), but no agreement will be reached between the relevant undertaking and the holder of the patent on the terms of the exploitation contract, the Office shall decide on the right of the State to use the invention without the consent of the patent holder. In the absence of an agreement on remuneration for the invention so used, the court shall decide on the right to remuneration.

§ 10

The effects of the patent do not apply to means of transport (vehicles, ships, aircraft, etc.) and to equipment for means of transport which only reach Czechoslovakia temporarily when used in transport.

§ 11

Dependent patents

(1) An invention which is dependent on another previously registered invention (the basic invention) which has been granted a patent shall be awarded a patent dependent if its use is to be presumed to be necessary for the use of the basic invention.

(2) If a patent which has been awarded for a basic invention has been revoked, or if it is terminated, it becomes independent of the patent.

(3) If the dependence of the patent has not been marked, the owner of the patent may apply for the basic invention.

Část druhá

Application procedure for invention

§ 12

(1) A patent is applied for by an application for an invention (hereinafter referred to as an application) to be filed with the Office.

(2) The application may contain only one subject.

(3) The Office will send the applicant a certificate of filing the application.

(4) The right of priority (priority) lies with the applicant since the application was received by the Office. If the applicant changes the substance of the application during the procedure, he shall have the right of priority only from the time when the amendment containing the application was submitted to the Office.

(5) Products exhibited at exhibitions organised in the territory of the Czechoslovak Republic may be granted priority from the time they were introduced into the exhibition, provided that the product displayed is registered for patenting at the Office no later than three months after the end of the exhibition.

(6) The applicant may withdraw the application at any time. If the right to use the subject of the application to another person is appropriate, the appeal shall be effective only if it has been agreed with the latter. The appeal has been in effect since the Office.

(7) The Government shall, by regulation, lay down the formalities for applications for inventions, the procedure for applications for inventions, the procedure for decomposition against decisions of the Office and the procedure for the use of inventions and the details of the right to give priority to products exhibited at exhibitions.

§ 13

The Office shall examine whether the application complies with the prescribed requirements. If the application does not comply with the prescribed requirements and if the applicant does not remove the defects referred to by the Office within the prescribed time limit, the Office may suspend the application procedure.

§ 14

If necessary, the Office may invite the applicant to prove within the time limit set that the subject of the application can be implemented. If the applicant does not do so for no reason, it is assumed that the subject is not feasible.

§ 15

(1) If the subject matter of the application does not comply with the conditions laid down for the granting of the patent, the Office shall reject the application.

(2) In the course of the survey, the subject of the application shall not be considered new if it is found to have been known in Czechoslovakia or abroad prior to the filing of the application for the invention, in particular:

(a) that it has been described or displayed in published printed matter, reports of scientific and research and project design organisations or dissertation;

(b) that the subject matter of the application is identical in substance to that of a previous application;

(c) that it has been used, or that it has been exhibited or demonstrated, so clearly and clearly that it has enabled experts to use it.

§ 16

If the Office concludes that the grant of the patent on the subject of the application is possible, it shall land the application with all annexes to the public consultation in the Office for a period of two months from the date on which the Office notified the discharge of the application.

§ 17

Any person may object to the intended grant of the patent on the subject of the application for registration within three months of the application being filed.

§ 18

(1) Before a decision on the application, the applicant should be given the opportunity to express his rights and legitimate interests in the proceedings.

(2) The applicant shall have the right to consult all material which is objected to in the examination of the application, except for classified material.

§ 19

If it is found that the subject matter of the application complies with the conditions laid down for the grant of the patent, the Office shall decide on the grant of the patent, register it in the patent register, issue a patent to the applicant and publish the grant of the patent. Where the application has been filed by several co-producers, the patent shall be issued to each of those co-producers, indicating all co-producers.

§ 20

Decisions of the Office on matters relating to inventions may be subject to decomposition within 30 days of receipt of the decision. At the time of decomposition has suspensive effect. The decision to decompose is final.

§ 21

The procedure for representing applicants shall be laid down by the President of the Office in an agreement with the relevant ministers in the proceedings for inventions.

§ 22

(1) If a party to the proceedings is absent for an justifiable reason, the time limit for carrying out an action in the proceedings shall be allowed by the Office if it so requests within two months of the date on which the obstacle has lapsed and if it makes the missed action within that period.

(2) Recovery may not be requested after one year from the date on which the time limit was missed, on application or proof of priority or on submission of objections pursuant to Article 17.

(3) An undertaking which has begun to use the subject of an application or patent between the expiry of the rights of the applicant or the holder of the patent and the repayment of the period, or which has already taken the necessary measures for such use, shall be entitled to continue to use the subject of the application or patent.

Část třetí

Relations with abroad

§ 23

(1) The provisions of international treaties are not affected by this law.

(2) The right of priority under the international convention in the field of inventions must be sought by the applicant already in the application for inventions. Within three months of the date of filing the application for an invention, the applicant must demonstrate his right of priority without calling on the Office.

§ 24

Under reciprocal conditions, foreigners have the same rights and obligations as Czechoslovak citizens.

§ 25

(1) The inventions made in the Czechoslovak Republic can be registered abroad only after they have been registered for patenting in Czechoslovakia. The subject matter of the application, which the Office finds not to be new under Paragraph 15 (2) (a), cannot be registered abroad. Czechoslovak citizens may submit an application for an invention abroad or conclude a contract on the subject of an application for an invention registered abroad or a patent granted abroad only with the approval of the Office.

(2) Czechoslovak citizens may consent to the use of the subject of the application lodged in Czechoslovakia or to the use of an invention for which a patent has been granted in Czechoslovakia only with the approval of the Office.

(3) The details of the implementation of the provisions of paragraphs 1 and 2 shall be laid down by the President of the Office by means of a decree in the Official Journal in agreement with the Minister for Foreign Trade.

HLAVA II

Discoveries

§ 26

(1) The discovery is considered to be the determination of previously unknown, objectively existing phenomena, properties or the legality of the material world.

(2) The Office of Diplomas, after hearing the Czechoslovak Academy of Sciences, after the case of the Czechoslovak Academy of Agricultural Sciences, gives to the originators the discoveries registered under this Act.

(3) Diplomas are not awarded to discoveries of geographical and geological nature.

(4) The Office records the discoveries.

§ 27

A reward shall be paid to the originators of the discoveries for which diplomas have been awarded.

§ 28

(1) The Government shall lay down the formalities for applications for discoveries, the method of their survey and the award of a diploma by regulation.

(2) The Disclosure Remuneration Directive will be issued by the President of the Office in agreement with the Minister for Finance.

§ 29

Disputes about the origin of the discovery are decided by the court.

HLAVA III

Improving proposals

§ 30

Proposals of a production, technical, organisational and economic nature shall be considered to be improvement proposals which allow for the improvement of known technology, technology, test and research methods, as well as products, or to make more effective use of equipment, materials, materials, fuels, manpower, energy, production areas and other sources, or to improve safety and protection of work, management system, supply, registration, technical standards and so on.

§ 31

(1) The same improvement proposals give priority to a proposal that ran out of business earlier.

(2) If the undertaking has demonstrated that it has been prepared to test or introduce the proposed measure before the proposal was adopted, it shall reject the proposal.

(3) If the undertaking finds that the improvement proposal is beneficial to it, it will ensure that it is implemented. The applicant shall be entitled to the remuneration; on its amount and the conditions for participation in the development and implementation of the proposal, the undertaking shall conclude an agreement with the appellant on recovery and remuneration.

(4) Paragraph 3 (8) shall apply mutatis mutandis if no agreement is reached with the appellant.

(5) The appellant with whom the undertaking has entered into a recovery and remuneration agreement and whose proposal has been introduced becomes an improvement. The provisions on the issue of an improvement certificate shall be amended by the Government by a regulation.

§ 32

(1) Details of the submission, discussion and use of improvement proposals are laid down by the Government by regulation.

(2) The Directive on remuneration for improvement proposals will be issued by the President of the Office in agreement with the Minister for Finance.

HLAVA IV

Common provisions

§ 33

Disputes concerning the distribution of remuneration for joint inventions, discoveries or improvements shall be decided by the courts. Paragraph 3 (8) shall apply mutatis mutandis.

§ 34

(1) The inventions, discoveries and improvements used to defend the country are classified. In addition, there are secret inventions, discoveries and improvements which they declare to be a secret office or undertaking in another State interest.

(2) The Office shall enter secret inventions and discoveries in specific protocols; the entries in these protocols have the same effect as those in the patent or discovery register.

§ 35

(1) Those entrusted with tasks under this Act or in any way participating in their implementation shall remain silent about all the facts which they have learned in the performance of their duties.

(2) The obligation referred to in the previous paragraph shall not cease to exist or cease to exist.

§ 36

(1) Businesses are obliged to give due care and support to the development and use of the creative capabilities of inventors, inventors and improvements aimed at addressing issues beneficial to the national economy.

(2) Undertakings shall, unless they suffer from the production, operation or safety of work, provide free advice and assistance to inventors and enhancers in the cases referred to in paragraph 1, as well as the use of business equipment, tools and material necessary for the production and verification of test samples.

§ 37

Undertakings are obliged to plan to guide inventive and improvement activities in the relevant production sectors by compiling, announcing and promoting thematic tasks, writing out competitions with rewards, issuing technical documentation and promoting significant inventions and improvements. The President of the Office shall, in agreement with the relevant ministers, amend the details for the implementation of this provision by means of a decree in the Official Journal.

§ 38

Businesses and everyone whose job it is must ensure that inventions and improvements, fit for the benefit of the national economy, are discussed and planned, disseminated and fully used without delay. They are also required to ensure the widest possible use of discoveries, research, development and projectwork as well as technical standards.

§ 39

Persons who have contributed to the elaboration, testing, introduction or extension of an invention or improvement proposal shall be remunerated in accordance with the directives issued by the President of the Office in agreement with the Minister of Finance and the competent authorities.

§ 40

(1) Where the originator or applicant is working to develop, test or introduce his invention or improvement proposal in the undertaking where he is employed, he shall be exempt from his own work to the extent appropriate to such cooperation; while maintaining his current employment and job placement and guaranteeing his current salary by an average of at least the last three months.

(2) The same applies if the originator (s) so cooperates in another undertaking. That undertaking shall be obliged to replace the undertaking where the originator (s) is employed and who pays his salary, part of the salary for the period missed by the originator (s) by his cooperation in his undertaking.

(3) If the author (s) is not in employment, the remuneration for his cooperation shall be determined by agreement.

§ 41

The agreement on use and remuneration is invalid if the use of the improvement proposal prevents the right of another's patent. The remuneration paid shall be repaid by the appellant only if he has known of such a right at the time of receipt of the remuneration.

§ 42

(1) Rewards for inventions, discoveries and improvements shall be exempt from taxes to the extent granted by the relevant tax legislation.

(2) The originators of inventions, under otherwise identical conditions, have priority in occupying the posts of researchers in research and testing institutes and establishments. The same advantage can also be granted for the improvement proposals of greater importance agreed upon by the recovery and remuneration agreement.

(3) The relevant ministers and business leaders may provide the originators of inventions and improvements whose proposals are of greater importance, as well as other advantages, such as study or travel scholarships, housing benefits, recreation and the like.

HLAVA V

Authorities

§ 43

(1) The Central Authority of State Administration in the field of inventions, discoveries, improvement proposals and standardisation is the State Office for Inventions and Standardisation, based in Prague.

(2) The Office shall be headed by a chairman appointed and dismissed by the Government.

(3) The management of inventions and improvements in the various sectors of the national economy falls within the responsibility of the competent central authorities and the management of each undertaking.

§ 44

(1) The advisory body of the President of the Office shall be a committee of experts. Its tasks shall be determined by the President of the Office.

(2) Members of the Committee of Experts shall be remunerated for the work carried out under the directives issued by the President of the Office in agreement with the Minister for Finance.

§ 45

Undertakings shall comply with the Office's request, participate in cooperation with the Office, submit or borrow the necessary documents, communicate the results of the examinations and other findings.

§ 46

Businesses are obliged to discuss and agree with the authorities of the Revolutionary Trade Union Movement all their proposals regarding the organisation and management of the inventive and improving movement.

HLAVA VI

Transitional and final provisions

§ 47

(1) Applications for inventions and improvements which have not been decided before the date of application of this Act shall be discussed in accordance with this Act.

(2) The provisions of this Act shall apply to patents granted under existing rules for the remainder of their term of validity; if they mention the owner of the patent, it means the person to whom the patent has been transferred according to the existing rules.

(3) Offers of inventions of a State which has not been decided on will be discussed in accordance with Article 3 of this Act.

(4) The Government will adapt the right to the remuneration of owners of patents whose inventions have been adopted by the State by means of a regulation.

§ 48

Provisions contrary to this law shall be repealed, in particular:

(a) Act No. 6 / 1952 Coll., on Inventions and Improving Ideas, as amended (Decree No. 68 / 1953 Coll.);

(b) Government Decree No. 10 / 1952 Coll., implementing the Act on Inventions and Improving Ideas, as amended (Decree No. 69 / 1953 Coll.);

(c) Government Regulation No. 49 / 1953 Coll., on lists of thematic tasks for inventors and improvement workers in the production sectors;

Citation	Act No. 34 / 1957 Coll., on inventions, discoveries and improvements
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	24.07.1957
Effective from	15.08.1957
Effective until	-
Status	Valid

Act No. 34 / 1957 Coll.

Law on inventions, discoveries and improvements

Contents