Government Decree No. 43 / 1957 Coll.
Inventions Regulation
Valid
Effective from 15.08.1957
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43
Government Regulation
of 2 August 1957
about inventions.
The Government of the Czechoslovak Republic orders pursuant to § 12 paragraph 7 and § 47 paragraph 4 of Act No. 34 / 1957 Coll., on inventions, discoveries and improvements (hereinafter referred to as "the Act"):
Application for invention and patent award
Application for invention
(1) The application for an invention ("the application") shall be lodged with the State Office for Inventions and Standardisation ("the Office") in writing in duplicate. The application shall state the name and surname of the applicant and the subject of the application. The application must show that the applicant applies for a patent. Where applicants are several and have no common agent, they shall indicate which of them are to be sent to the Office's reports and decisions; If they do not do so, the reports and decisions shall be sent to the co-applicant, who shall be the first to know. The applicant shall inform the Office of residence, nationality, employment and employment, and, if he is resident in the Czechoslovak Republic, the authority superior to the employer. If the applicant is represented, the name, surname and address of the agent shall also be indicated.
(2) If the invention has been created by the originator or by one of the co-producers in connection with his work on the holding or if the producer (s) has received material aid from the firm, the originator (s) shall, if the application for the invention is made, indicate these circumstances and indicate whether he has made the notification at the same time. If the invention has been made by the originator independently of the work in the enterprise or has not received any material aid from the firm, the originator (heir) may submit it to the State at the same time as the application.
(3) The application may contain only one subject.
(4) Before submitting the application, the applicant shall examine the documentation available to him and briefly state the result of this survey in the description of the subject of the application when analysing the known state of the art.
(5) In the application for an invention, the applicant shall indicate which technical standards, according to his knowledge, affect the subject matter of the application.
(6) The applicant shall inform the Office, at the request of the Office, of the countries in which he has registered the same subject and of the objections raised in those countries and of the outcome of the application.
(7) Where an undertaking is mentioned in this Regulation, this shall mean, where the nature of the matter does not imply otherwise, other economic organisations as well as budgetary organisations.
(1) The applicant shall attach to the application a description of the subject matter of the application in four copies and, if necessary, drawings, models or design models. Any copy of the description and drawings shall be signed by the applicant (s) or by the agent.
(2) In the description, following the necessary drawings, models or design patterns, the subject matter of the application must be described briefly, but clearly and precisely, so that the experts can be informed of the nature of the subject matter of the application. At the end of the description, the applicant must indicate what is to be the subject of the patent (definition of the subject matter of the patent).
(3) The drawings shall be made on A4 paper in one main and three supporting copies. The main copy shall be made out on white, thick and smooth drawing paper or on translucent paper, canvas and strip in such a way that it is suitable for printing; The drawing shall be made with a black ink. A second copy shall be eligible for normal reproduction. The reference marks in the description and drawings shall correspond to each other.
(4) The application shall be accompanied by a declaration, signed by the applicant, of his own hand that he is the originator of the application or his heir. If the application is submitted by an undertaking pursuant to Article 2 (3) of the Act, it shall indicate the name and surname of the originator and the number and date of the Office's authorisation to submit the application.
(5) If the heir submits the application, he shall attach proof of the acquisition of the inheritance.
(1) If the applicant has the right of priority under the international convention and applies it, he must seek it in the application and state precisely the time of the first application from which he derives the right of priority and the country where the application was made.
(2) Within three months of the date of filing of the application for an invention, the applicant shall, without inviting the Office, demonstrate his right of priority from the first application by submitting a copy of the application previously submitted (description, drawings, etc.), accompanied by a certificate from the competent authority to which the first application was submitted, of the date of filing of the application. If someone other than the original applicant is resident in the priority claim, he shall also attach proof of the transfer of the priority right within the same time limit.
(3) The Office may require the applicant to submit a certified translation of those documents within the time limit laid down.
(4) In addition, the applicant must demonstrate, within the prescribed period, the other circumstances relevant to the granting of priority under the international convention.
Examination of the application for invention
(1) The Office shall indicate on the application the filing period (date, hour and minute), then send the applicant a certificate of filing the application no later than 10 days, indicating the name and surname of the originator (all co-originators), the name of the application, the time of filing and the file number.
(2) The Office will submit pending survey applications in order to ascertain the possibility of granting a patent.
(1) If the Office concludes that the grant of the patent on the subject of the application is possible, it shall land the application with 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.
(2) The discharge of the application shall be notified in the Journal, issued by the Office (hereinafter referred to as "the Journal '). This notification shall indicate the name and surname of the originator (co-producer), the patent class, the definition of the subject-matter of the application, the file number and the time of filing of the application or the date from which priority is required.
(3) If, after unloading, a complete or partial refusal or revocation of an application is made, this shall also be notified in the Journal.
(1) Opposition against the granting of the patent shall be lodged with the Office in writing in duplicate within three months of the date of the opening of the application. Objections may be made for the following reasons:
(a) that the subject matter of the application is not wholly or partly eligible for the patent;
(b) that only dependent patents may be granted;
(c) that the person listed in the application as the originator of the subject-matter of the application is not the originator or is only co-originator (§ 8);
(d) that the originator (co-producer) did not state in the application that he had made the invention in connection with his work in the undertaking or that he had received material aid from the undertaking or that he had not made a notification of the undertaking (Section 2 (3), first sentence);
(e) that the undertaking has submitted an application on behalf of the originator (co-producer) without being reluctant to submit an application (or all co-producers) or without jeopardising State interests, or without the undertaking having been authorised by the Office to submit an application on behalf of the originator (co-producer) (§ 2 (3), second sentence).
(2) The objections must be substantiated in substance and must be accompanied or at least proposed by the necessary evidence.
(3) The content of the objections shall be communicated by the Office to the applicant by an invitation to comment on the grounds of the objections within the time limit set. The statement shall be made in duplicate.
(1) If it is found that the subject 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 the applicant a patent and publish the grant of the patent. If the application has been filed by several co-originators, the patent shall be issued to each co-originators, indicating all co-originators.
(2) The award of the patent shall be published in the Journal where the name and surname of the originator of the invention and the owner of the patent, the file number of the application, the patent class, the number of the patent, the name of the subject of the patent and the beginning of the validity of the patent.
(3) If objections have been lodged, the Office will also send the decision on the application to the person who made the opposition.
Application procedure in dispute concerning origin
(1) If a person other than the heir has applied for an application, the originator (s) may intervene in the application proceedings if he proves by a final decision of the court that he is the originator (s); The Office shall continue the procedure as if the application had been submitted from the outset by the originator.
(2) If only evidence has been provided that a dispute concerning origin has been initiated, the Office shall continue the application procedure, but the decision shall be given only after the legal authority has given its decision.
(3) The Office shall inform the applicant of the entry of the originator into the application procedure of the undertaking which notified him of the conclusion of the contract for the use of the subject-matter of the application.
(4) If a contract has been concluded to use the subject of an application for which a dispute has arisen, the rights and obligations arising from the contract shall be transferred to the person to whom the application has been rewritten, unless that person applies within a maximum period of three months from the date on which the new contract is signed; If the contract pays a remuneration, the recipient shall be obliged to pay it to that person.
(5) The provisions of the preceding paragraphs shall apply mutatis mutandis in the event that only one of the co-originators submitted the application and that a dispute concerning co-originality arises.
Patent Register
The Office shall keep a patent register, which shall include a collection of documents, containing descriptions and drawings of the subject matter of the patents and other documents on the basis of which registration has become subject; the documents are an integral part of the register.
(1) The patents awarded shall be entered in the patent register by stating their serial number, name, patent grade and period of validity, the file mark of the application, the name and surname of the author of the invention, his agent, the owner of the patent, the beginning of the validity of the patent, its termination, the transcription, the complete or partial cancellation of the patent, the dependence of the patent, the determination of Article 5 of the law, the recovery of the period, the contract of use of the invention, the transfer of the right of consent to use of the invention, the law of the State to use of the invention pursuant to Article 3 (6) of the law, the law of the previous user and the opening of the dispute concerning the original invention.
(2) Everyone may consult the register. Upon request, the Office shall issue certified extracts of registration.
Patent Charter
The patent shall contain the name, surname and address of the originator of the invention, in the case of his heir and the number of the patent. Part of the patent certificate is a description of the invention which is issued by the press (patent file), if not a secret invention.
Application for designation and application for revocation of the patent
(1) The application for designation pursuant to Article 5 of the Act and the application for revocation of the patent pursuant to Article 6 of the Act and the application pursuant to Article 9 of the Act shall be submitted in writing in duplicate; they shall be accompanied by the documents necessary for the decision. Where a determination is made pursuant to Article 5 of the Act, the description and drawings of the article to be determined whether or not it falls within the scope of protection shall be annexed.
(2) The Office shall deliver a copy of the application or application with annexes to the opposition and invite him to comment within the time limit. If it does not appear, this shall not interfere with the decision on the application or application.
Inspection of files
(1) Before unloading the application, it shall be permitted to communicate to third parties only who is the applicant and who is his agent, the time of filing, the name of the application and the file number. However, this provision does not apply to cases where it is a question of establishing the possibility and use of the subject-matter of the application in the national economy under Section 19.
(2) After unloading, in the absence of secret applications, the Office may authorise third parties to consult files or parts thereof.
(3) When authorising access to files, care must be taken to ensure that public, economic or professional secrecy is not infringed by inspection of the file.
Exhibition priority
(1) The President of the Office may grant individual exhibitions organised in the territory of the Czechoslovak Republic the right that the originators of inventions may claim for products issued at such exhibitions, the right of priority under other provisions (exhibition priority).
(2) For the granting of this right for the exhibition, the authority or organisation, organising the exhibition, the President of the Office, shall request at the same time to communicate the exhibition programme and the duration of the exhibition.
(3) The award of this right for the exhibition shall be published in the Journal and in the Official Journal. Only after its publication in the Journal can originators claim exhibition priorities.
Originators of inventions are entitled to the right of priority under Article 12 (5) of the Act from the time the products exhibited have been introduced into the exhibition, provided that the author submits the relevant application to the Office no later than 3 months after the end of the exhibition. Of several identical products, carried to the exhibition at the same time, it is up to him who was registered for patenting earlier.
(1) An application in which the exhibition priority is applied must be accompanied by an attestation from the body or organisation holding the exhibition that the product described in the application matches the product displayed, as well as the time (date, hour and minute) when the product was introduced into the exhibition. Furthermore, it must be stated in the certificate whether the exhibition continues or whether and when it was concluded.
(2) The Authority is empowered to examine on the spot the conformity of the product applied for with the product exhibited.
Decomposition procedure
(1) Decomposition shall be made in writing in duplicate with the Office within 30 days of the date of service of the decision.
(2) Decomposition may be lodged by an interested party. Where a decision concerns more than one party, the effects of degradation shall apply to all the parties, unless otherwise provided for in the case.
(3) Decomposition must show against which decision is made and what is proposed on the substance. The objection to the decision shall be substantiated in substance and shall be accompanied or at least proposed by the necessary evidence.
(4) Decomposition, given in due time by the participant, has suspensory effect.
(5) If the defendant is also a party to the proceedings, the Office shall deliver to him a copy of the decomposition, stating within the prescribed time limit. If it is not expressed, it is not an obstacle to the decision on decomposition.
(6) The Office shall also take into account the procedural defects which have not been applied in the decomposition when dealing with decomposition if they have affected the accuracy of the decision.
(7) Before deciding on decomposition, the President of the Office may request an expert panel opinion as required.
(8) No further decomposition is permitted against the decision on decomposition.
Use of inventions
(1) The central authorities and their subordinate undertakings are required to identify the possibility and method of use in the national economy of inventions for which the right to use is for the State or inventions which have been surrendered to the State or in respect of which the applicant or the holder of the patent requests the conclusion of a contract of use of the invention. To this end, the Office shall send the competent central office a description of the drawings of these inventions and, if it is an invention concerning the competence of several central offices, organise and control the conduct of the survey. The Central Office shall then ensure that its subordinates are familiar with these inventions. If the invention is particularly important, the Office shall agree with the competent central office on the method and duration of the survey.
(2) The contract provided for in Article 3 of the Act may be concluded by an undertaking either at the order of the superior central office or on its initiative, or by a central office.
(3) The Treaty provides in particular for the scope of the rights of invention, the beginning and the period of use, the conditions for the participation of the originator (holder of the patent) in the elaboration and introduction of the invention, the amount of the remuneration and the method of payment thereof, and If the right to exploit the invention of the State or if the invention has been surrendered to the State, the contract shall state only the conditions relating to the participation of the originator (holder of the patent) in the elaboration and introduction of the invention and the amount of the remuneration and the manner in which it is paid.
(4) The contract may be concluded even if the subject of the application or patent can be used only in the future or abroad.
(5) The conclusion of the contract shall be notified at least by one of the parties to the contract to the Office, which shall register it in the patent register and, where a subordinate undertaking is a party to the contract, shall also notify its conclusion to the superior central office or authority authorised by it.
The development, testing and implementation of economically effective inventions for which a contract has been concluded pursuant to Article 3 of the Act must be implemented without delay; in cases where the introduction of the invention requires exceptional means or exceptional measures which cannot be obtained or implemented during the current planning period, the invention must be introduced in the following planning period. This provision shall not apply to specially justified cases, such as inventions to be used in the future or abroad.
(1) At the same time as the introduction of the invention or within the time limit specified by the Central Authority Directives, the undertaking shall make changes to or initiate such changes in the technical and economic standards, technical documentation (technological procedures, drawings, etc.).
(2) If the introduction of the invention is not in accordance with a technical standard or other legislation, the invention may only be introduced if these rules are amended to permit the introduction of the invention.
Undertakings designated in the Directives by the heads of central authorities and bodies shall be required to establish inventions and improvements.
National undertakings or other economic organisations shall designate or establish, in accordance with the guidelines of the heads of the competent central offices of the Centre or other departments, in particular the task of producing test models, identifying and demonstrating the use of experimental inventions.
(1) Undertakings are required to provide in the plan financial and other means (production capacity, experts, etc.) for the development, testing and implementation of inventions.
(2) Undertakings are obliged to collect technical documentation and information relating to the field of their work, in particular in such a way as to enable inventors and enhancers as much as possible to understand the state of the art.
(1) If the invention results in a change in the applicable performance standard, its originator, when working on the tasks of the invention concerned, shall be entitled to a supplement equal to the difference in rates between the new and the old power standard for six months running from the date of introduction of the new power standard. If the invention is the work of several co-originators, each of them shall be entitled to the supplement only in the proportion in which they participated in the elaboration of the invention if they continue to work on the tasks affected by the invention.
(2) A worker entitled to the supplement referred to in paragraph 1 may be transferred to another work only for special reasons and with the consent of the relevant trade union body. In the event of a transfer, he shall be entitled to a reasonable compensation.
(3) A worker who has introduced a foreign invention on his own initiative at his place of work is entitled to a supplement equal to the difference in rates between the new and the old performance standard, for a period of one month longer than the period required for incorporation.
(4) The supplement referred to in paragraphs 1 and 3 shall not exceed the salary of the author of the invention or of the person who introduced the invention at his place of work for the period for which the supplement is paid.
The President of the Office is hereby authorised to determine and pay remuneration for the use of inventions outside the territory of the Czechoslovak Republic which have been accepted for use by the date of application of this Regulation.
(1) The Head of Central Offices, in agreement with the Minister of Finance and the President of the Office, shall, in his field, amend the details of the implementation of the survey in order to identify the possibility and use of the invention, the conclusion of contracts for the use of the invention with Czechoslovak citizens, the inclusion of the development, testing and introduction of inventions in the production or technical development plan and the plans of research institutes and such; how contracts are concluded in other undertakings where the contract has already been concluded in one of the undertakings; on the conclusion of contracts pursuant to Article 18 (4); on the possibility of the transfer of contracts on the transfer of production programmes, on production in cooperation and beyond; on the conclusion of contracts with management undertakings; establishing test centres and other departments; on the remuneration of workers for participating in the provision of preparatory work on the introduction of inventions; providing assistance to inventors; on declaring thematic tasks. The directives will specify the details and deadlines for amending technical and economic standards, technical documentation and calculations.
(2) In its field of competence, the Minister for Agriculture and Forestry will, by means of a decree in the Official Journal, amend the derogations from the provisions of this Regulation on the use of inventions and rewards for them in agreement with the Minister for Finance and the President of the Office.
Inventions bodies
(1) The State Office of Inventions and Standardisation shall carry out in particular the following tasks in the field of inventions, other than those of competence, set out in the law and in the provisions of this Regulation:
manage the development of inventions;
monitor the activities of central authorities and assist them in the implementation of inventions into the national economy and in the implementation of the law, government regulations and guidelines of the Office on inventions;
ensure the provision of assistance to inventors;
draw up and announce a national plan of thematic tasks in cooperation with central authorities and authorities.
(2) In order to fulfil the tasks referred to in paragraph 1, the Office shall:
develop and submit proposals to the Government to improve inventive activity in all sectors of the national economy and the activities of central offices, as well as proposals for the necessary amendments and additions to the rules on inventions, and participate in the issuing of regulations by central offices in the field of inventions;
submit to the Government, where justified, proposals for the introduction into the national economy of the most important inventions;
monitor the performance of the tasks prescribed in the plans for the implementation of inventions by central authorities;
report to the government on the state of invention in Czechoslovakia and on the technical and economic results achieved by introducing the most important inventions into the national economy and by using inventions abroad;
organise continuous information to central authorities on new inventions, both domestic and foreign, and ensure the exchange of technical experience between industry sectors;
ensure all measures relating to the development of the inventive movement in agreement with the Central Council of Trade Unions;
recommends to the central authorities significant inventions to be introduced into production and patented abroad;
appoint experts from senior experts to carry out research on the novelty of inventions or to report on the breakdown into the Authority's decision;
participate in conferences, congresses and meetings of international organisations on inventions.
In addition to the powers specifically set out in the Act and in the provisions of this Regulation, central authorities and authorities shall perform the following tasks in particular:
issue detailed guidelines in agreement with the Ministry of Finance and the Office for the organisation of the invention movement, for the testing and implementation of inventions, for the conclusion of contracts for the use of inventions and contracts for the participation of originators in the elaboration and introduction of inventions, as well as for the remuneration and method of payment thereof;
organise the identification of possibilities for the use of inventions in the national economy and ensure that inventions are applied in technical standards;
exchange experience with other central authorities on the organisation of work with inventors and on the introduction of inventions;
organise the provision of advice and assistance to inventors in their field of competence;
ensure the establishment and maintenance of effective documentation on inventions in their field of competence and ensure that similar documentation is built in subordinate enterprises;
develop and proclaim sectoral thematic tasks and list contests to address them; publish publications, leaflets, posters and articles in the field of inventions;
control the activities and the performance of the tasks of the subordinate undertakings and inform the Office of the state of the inventive movement, indicating its shortcomings and merits;
develop an inventive movement in agreement with the Central Trade Union Committees;
deliver to the Office:
copies of approved annual technical development plans where they contain the introduction of the most important inventions;
proposals for the inclusion of tasks in the national thematic tasks plan;
statements of the state of invention, the introduction of inventions into production as well as the use of inventions abroad.
Undertakings in the field of inventions shall, in particular:
(a) conduct investigations on the possibility of the use of inventions, develop and test beneficial inventions, ensure their speedy implementation, conclude contracts for the use of inventions and contracts for the participation of originators in the elaboration and introduction of inventions, as well as the remuneration and method of payment of such inventions, pay remuneration to inventors and persons involved in the development, testing, introduction or extension of inventions;
(b) give due care and support to the development and use of the creative capabilities of inventors aimed at addressing issues beneficial to the national economy;
(c) provide the inventors with free advice and assistance, as well as enabling them to use the equipment, tools and material of the enterprise necessary for the production and verification of test samples, unless they suffer from production, operation or safety of work;
(d) to transmit the supporting documents to the authorities and other undertakings with a view to making the fastest and widest use of inventions;
(e) ensure, within the relevant plans, the production capacity, financial and other means and experts for the development, testing and implementation of inventions;
(f) organise the development of the inventive movement in cooperation with the basic organisations of trade unions.
Transitional and final provisions
(1) The inventions offered by the State and adopted by the State are remunerated according to the existing rules if they have already been introduced before the law is in force.
(2) The inventions offered by the State and adopted by the State, but which were not introduced by the date of application of the law, will be remunerated on the basis of a contract to be concluded under Paragraph 3 (6) of the Act. Repayment of remuneration still paid on the agreed remuneration.
This Regulation shall enter into force on 15 August 1957; All members of the government will do it.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Polack v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
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Regulation Information
| Citation | Government Decree No. 43 / 1957 Coll., on Inventions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.08.1957 |
|---|---|
| Effective from | 15.08.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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