Government Decree No. 44 / 1957 Coll.
Discovery Regulation
Valid
Effective from 15.08.1957
44
Government Regulation
of 2 August 1957
about discoveries.
The Government of the Czechoslovak Republic orders pursuant to Article 28 of Act No. 34 / 1957 Coll., on inventions, discoveries and improvements (hereinafter referred to as "the Act"):
Discover Application
(1) The request for discovery ("the application") shall be submitted to the State Office of Inventions and Standardisation ("the Office").
(2) The application shall be submitted in writing in duplicate; indicate the name and surname of the applicant, his residence, nationality, employment and place of work and the name of the registered discovery.
(3) The application must show that the applicant is applying for a diploma for discovery.
(4) Where several applicants submit an application and do not have a 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. If the applicant is represented, the name, surname and address of the agent shall also be indicated.
(5) The application may contain only one discovery.
(6) Before filing the application, the applicant shall examine the documentary material available to him concerning the subject matter of the application and briefly state the result of the survey in the description.
(1) The applicant shall attach to the application a description with a justification and an analysis of the importance of the intended discovery and the necessary drawings and, where appropriate, other annexes in triplicate. Any copy of the description and drawing and, where appropriate, of the annexes shall be signed by the applicant (s) or agent.
(2) In the description, where appropriate in conjunction with the necessary drawings or other annexes, 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 shall indicate what is to be the object of the discovery (definition of the object of the discovery).
(3) The applicant shall attach to the application a signed declaration by him that he is the author of the subject-matter of the application.
(1) The Office shall affix the application for the discovery to an accurate submission date and enter it in a separate list.
(2) Within 10 days of the filing of the application, the Office shall send the applicant a certificate of filing the application; the certificate shall state the name and surname of the originator (all co-originators), the name of the application, the time of filing and the file number.
(3) The applicant of the discovery shall have the right of priority before any subsequent applicant of the same discovery since the time when the discovery was logged in.
Exploring the discovery application
(1) The Office of Examination will submit the application to the examination of its subject matter as a discovery (Section 26 of the Act).
(2) If the Office finds that the description sets out theoretically or experimentally justified principles establishing previously unknown, objectively existing phenomena, characteristics or legal relationships of the material world and concludes that the subject matter of the application may be discovered, it will send a copy of the application to the Czechoslovak Academy of Sciences, following the case of the Czechoslovak Academy of Agricultural Sciences (hereinafter referred to as the Academy).
(3) Applications which do not comply with the prescribed requirements, or which contain only principles which are neither theoretical nor experimentally justified, shall be returned by the Office to the applicant, stating the reasons, or shall invite the applicant to complete the application within a specified period.
The object of the discovery 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, in particular that it was described or displayed in published printed matter or that it is in substance identical to the subject of some previously submitted discovery application.
(1) If the Academy does not consider the subject of the application to be a new discovery, it shall submit a negative opinion to the Office.
(2) If the Academy considers that it is a real and new discovery under the provisions of § 26 of the Act, it will ensure that the discovery is published together with the originator and the Office.
Decision on the discovery application
(1) If, within one year of the publication of the discovery, the discovery is not new, the Academy shall submit a proposal to the Office to register the discovery and to issue the diploma to the author of the discovery. The Office shall, in agreement with the applicant, adapt the definition of the registered discovery submitted by the originator, register the discovery and issue the original diploma.
(2) If the Academy submits a negative opinion to the Office (Paragraph 6 (1)), the Office will refuse to register the subject of the application and issue a diploma, which it will inform the applicant.
(1) The Office shall keep a list of discoveries.
(2) The name, surname and nationality of the agent of the discovery shall be entered in the Register of discoveries; the name and priority of the discovery, the sign of the file, the number and date of issue of the diploma shall be entered.
(3) Everyone may consult the discovery register.
(1) Diploma shall be issued by the Office.
(2) The diploma shall indicate its number, the name, surname, employment, residence and nationality of the originator, the name and priority of the discovery and the date of issue.
(1) If it is not possible to verify the discovery made sufficiently, but if the principles set out and justified by the applicant for the discovery are not considered correct and credible, the discovery made as a hypotheses shall be entered in the discovery register on a proposal from the Academy and certified by the originators.
(2) The Office shall inform the applicant that, if the authenticity of the discovery is demonstrated, the applicant shall be given a diploma.
(3) Paragraphs 8 and 9 shall apply mutatis mutandis to the entries of hypothetics and certification.
If the diploma is found to have been awarded unjustly, it shall be recorded in the record of the findings of its erasure.
Determination of the amount of the discovery remuneration and its payment
(1) The remuneration for the discovery for which the diploma was awarded shall be determined by the President of the Office in agreement with the Minister of Finance and the President (President) of the Academy.
(2) The remuneration shall be paid by the Office.
General provisions
The central authorities and the authorities, undertakings and other organisations shall ensure that, when drawing up the technical development plan, the findings entered in the register are used to implement measures to improve production.
Efficacy
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
Machachová v. r.
Dr. Unedible v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Dr Skoda v. r.
Ing. Black v. r.
Dvořák v. r.
Dr Kahuda v. r.
General Colonel Lomská v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
He beat the shit out of me.
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Regulation Information
| Citation | Government Decree No. 44 / 1957 Coll., on Discoveries |
|---|---|
| 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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