Act No. 478 / 1992 Coll.
Law on utility models
Valid
Effective from 26.10.1992
478
THE LAW
of 24 September 1992
on utility models
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Basic provisions
Technical solutions, which are new, go beyond mere professional skills and are industrially usable, are protected by utility models.
Technical solutions under this Act are not in particular:
(a) discoveries, scientific theory and mathematical methods,
(b) mere external treatment of products;
(c) plans, rules and methods for carrying out mental activities;
(d) computer programs;
(e) mere disclosure of information.
Useful patterns cannot be protected
(a) technical solutions contrary to general interests, in particular the principles of humanity and public morality;
(b) varieties of plants and animal breeds, as well as biological reproductive material;
(c) methods of production or work.
(1) The technical solution is new if it is not part of the state of the art.
(2) The state of the technology for the purposes of this Act is everything that was published before the date from which the right of priority was conferred on the applicant for the utility model (§ 9).
(3) The state of the technique is not such publication of the results of the applicant's or his legal predecessor's work, which occurred in the last six months before the application for a utility model was filed.
The technical solution is industrially usable if it can be used repeatedly in economic activity.
(1) The right of protection shall be exercised by the originator or his successor in title.
(2) The author of the utility model is the one who created it with his own creative work.
The utility models shall be registered by the Industrial Property Office (hereinafter referred to as "the Office ') in the utility model register (hereinafter referred to as" the Register').
Application and registration of the utility model
(1) Entry into the register is requested by an application for a utility model (hereinafter referred to as "application") lodged in writing with the Office.
(2) An application for a utility model may contain only one technical solution or group of solutions which are connected to each other by implementing a single technical idea.
(3) The application must contain:
(a) an application for registration in the register of utility models, indicating the name of the utility model;
(b) a description of the technical solution and, where appropriate, its documentation;
(c) protection claims in which the article to be protected by a utility model must be clearly and briefly defined.
(4) The application shall state who is the originator of the application for the utility model.
(5) The completion of the application shall conform to the uniform form and requirements published by the Office in the Industrial Property Office Bulletin ("the Bulletin ').
(1) Submission of an application gives the applicant the right of priority.
(2) The right of priority resulting from the Paris Convention for the Protection of Industrial Property (hereinafter referred to as the Paris Convention) 1 must be exercised by the applicant already in the application and must at the same time indicate the date of filing of the application from which the right of priority derives, its number and the State in which the application was lodged and, where appropriate, the authority to which the application was filed under an international contract. At the request of the Office, within the time limit laid down by it, the applicant shall be required to demonstrate that right; otherwise he's not to be looked at.
(3) In the event of a modification of the European patent application requiring protection for the Czech Republic, the applicant may exercise the right of priority from the European patent application on the application pursuant to Section 8. Paragraph 2 shall apply mutatis mutandis to the exercise of the right of priority.
(1) If the applicant has previously applied for a patent in the Czech Republic (2) for the same technical solution, he may, when submitting the application, request the submission of the filing date and, where appropriate, the right of priority from this application. The Office shall grant the application the date of filing and, where applicable, the right of priority, from the original application for the invention, provided that the application is filed no later than two months after the decision on the application for the invention, but no later than 10 years after its submission.
(2) The applicant exercising the right referred to in paragraph 1 shall, within two months of the filing of the application, submit a copy of the application for an invention, the date of which, or the right of priority, is invoked, otherwise it shall not be taken into account.
(3) The delay in the time limits referred to in paragraph 1 cannot be forgiven.
Transforming a European patent application into an application
(1) At the request of the applicant for a European patent application submitted pursuant to Article 136 (2) of the European Patent Convention, the Office shall initiate proceedings for a European patent application as an application.
(2) If an application has been submitted pursuant to paragraph 1, the Office shall invite the applicant to pay the application fee under special legislation (2a) within 3 months and submit in triplicate a translation of the European patent application into the Czech language.
(3) If the applicant fulfils the conditions laid down in paragraph 2 and the Office has received an application for conversion of the European patent application within 20 months of the date of priority, it shall grant the application the right of priority of the original European patent application.
(1) If the application complies with the conditions laid down in Section 8 and if its subject matter is not manifestly contrary to Sections 2, 3 and 5, the Office shall register the utility model.
(2) The registration of a utility model gives rise to its protection under this Act. The Office shall issue a certificate of registration of the utility model and notify the registration of the utility model in the Bulletin to the applicant who becomes the owner of the utility model. The Office shall publish the supporting documents referred to in Article 8 (3) (b) and (c) following the registration of the utility model.
(3) If the application does not comply with the requirements set out in Section 8, the Office shall invite the applicant to remedy the deficiencies within the prescribed time limit. If the applicant does not remedy the deficiencies raised within the time limit set, the Office shall suspend the application procedure. This consequence must be brought to the attention of the applicant when setting the time limit.
(4) If the application contains the subject-matter referred to in Sections 2 and 3, or if the subject-matter of the application is manifestly contrary to Section 5, the Office shall reject the application. Before a decision is taken, the applicant must be made aware of this consequence.
(5) Modifications and amendments made to the application must not go beyond its original submission.
(6) Pending the entry of the utility model in the register referred to in paragraph 1, the applicant may divide the application. The Office shall grant the excluded applications the right of priority to the original application, if not beyond it, and if they are submitted within three months of the written notification by the applicant that it intends to divide the application.
(7) At the request of the applicant, the Office shall postpone the entry of the utility model in the register, but no later than 15 months after the date of filing the application.
Effects of the utility model
(1) Without the consent of the owner of the utility model, no one may produce, put into circulation or use a technical solution protected by the utility model in their economic activity.
(2) The owner of the utility model is entitled to give consent to use the technical solution protected by the utility model (s) to other persons or to transfer the utility model to them.
(3) Rights arising from a patent granted on the basis of an application for an invention with a later right of priority shall not be exercised in the event of a conflict without the consent of the owner of the utility model.
(1) The utility model does not act against those who used the technical solution protected by the utility model, regardless of the originator or owner of the utility model, or who carried out verifiable measures (hereinafter referred to as the "previous user ') before the right of priority arises.
(2) If no agreement is reached, the previous user may require the holder of the utility model to recognise his right in court.
Validity period of the utility model
(1) The utility model is valid for four years from the date of filing the application or, where applicable, from the filing of an earlier application for an invention with the same object (Sections 10 and 10a).
(2) At the request of the holder of the utility model, the period of validity of the utility model shall be extended by up to two times each three years.
(3) The extension of the period of validity of the utility model may be requested not earlier than the last year of its validity.
(4) Where the registration of a utility model takes place after the expiry of the period laid down in paragraph 1, the Office shall extend the period of validity of the utility model registration without the request of the holder of the utility model.
The use pattern shall cease if:
(a) its period of validity expires;
(b) the owner of the utility model renounces it; in this case, the protection shall cease on the date on which the written declaration by the holder of the utility model is made to the Office.
Removal of utility model
(1) On the proposal of anyone, the Office will delete the utility model from the register
(a) if the technical solution is not eligible for protection under Sections 1 and 3,
(b) if the object of the utility model is already protected by a patent with effects on the territory of the Czech Republic or a utility model with earlier right of priority,
(c) where the subject of the utility model goes beyond the original filing of the utility model application.
(2) The deletion of a utility model from the register has effects as if the utility model had not been entered in the register.
(3) Where the reasons for deleting only part of the utility model are concerned, the utility model shall be partially deleted.
(4) The deletion of the utility model from the register may be carried out even after the expiry of the utility model (Section 16), provided that the applicant has demonstrated a legal interest.
(1) An application for the deletion of a utility model from the Register shall be submitted in writing to the Office in duplicate.
(2) The application for the removal of a utility model from the register must be substantiated in substance and, at the same time, the evidence on which the application for erasure is based must be submitted. The reasons for the deletion, including the indication of the evidence invoked by the application, cannot be amended retrospectively.
(3) The Office shall invite the holder of the utility model to comment on the application for the deletion of the utility model from the register within a specified period. The owner of the utility model shall submit his observations on the application for erasure in writing in duplicate.
(4) If the owner of the utility model does not express himself within the prescribed period, the Office shall delete the utility model from the register.
(5) If the owner of the utility model makes observations within the time limit set against the application for deletion of the utility model from the register, the Office shall decide on the application. The administrative fee shall be paid for the removal of the utility model from the register in accordance with the special legislation (2a) by the unsuccessful party.
Withdrawal of protection
(1) On application, the Office shall withdraw the utility model from the owner if it finds from the court's decision that the right to a utility model was not in its place under Article 6.
(2) An application for withdrawal of protection referred to in paragraph 1 shall be entitled only to be lodged by the person who, under the decision of the court, is entitled to the right of protection by a utility model or by its successor in title.
(3) At the request of a person who is entitled to protection by a utility model, submitted within one month of the final decision of the court, the Office shall register that person as the owner of the utility model.
(4) In the absence of an application for transcription pursuant to paragraph 3, the Office shall carry out an ex officio removal of the utility model from the register.
Register
(1) The Office shall keep a register in which it records the relevant data on applications for utility models and on registered utility models.
(2) The register shall include in particular:
(a) the registration number (certificate),
(b) the date of registration;
(c) the date of publication of the registration of the utility model in the Bulletin;
(d) the name of the utility model;
(e) the date of filing of the application and, where appropriate, the right of priority and the file number of the application;
(f) the applicant for the utility model (name or name), his place of residence (registered office) and, where appropriate, his representative,
(g) the surname, name and address of the originator of the utility model;
(h) the owner of the utility model (name or name), residence (registered office) or, where applicable, his representative;
(i) the right of the previous user;
(j) classification of the utility model according to the international patent classification;
(k) the transfer of the utility model;
(l) licences,
(m) the compulsory licence,
(n) extension of registration,
(o) erasure of the utility model;
(p) withdrawal or, where appropriate, transcription;
(r) loss of protection.
(3) Dispute note under Civil Code 2b) may relate only to an alert in the register indicating the handling of a utility model as a subject of ownership.
(4) The Office shall publish in the Bulletin the facts relating to utility models as well as the official communications and decisions of a fundamental nature.
Transfers
(1) A natural, legal or enterprising natural person commits an offence by making unlawful use of a technical solution protected by a utility model.
(2) A fine of up to CZK 250,000 or a prohibition of action may be imposed for the offence referred to in paragraph 1.
(3) The publication of an infringement decision may also be imposed for an offence referred to in paragraph 1 committed by a legal or acting natural person.
(4) The infringement referred to in paragraph 1 shall be dealt with by the municipal authority of the municipality with extended jurisdiction.
(5) The offence referred to in paragraph 1 may not be dealt with by an on-the-spot order.
Final provisions
(1) For proceedings before the Office, the administrative rules, with the exceptions provided for in this Act and with the exception of the provisions on the verification of full powers for an indeterminate number of proceedings, (3) on the possibility of selecting several joint agents, (3a) on the waiver of an action, (3b) on the suspension of proceedings, (3c) on the time limits for the issue of decisions (3d) and on the protection against inaction, (3e) on the provisions on the specificities of the procedure on the composition of the Decoupling Board and on the possible termination of the procedure (3f) and on the provisions on the parties; (g) However, the provisions of the Administrative Rules concerning the parties to the proceedings under the Special Law (3h) shall apply.
(2) For the rights to a utility model, co-ownership relationship, registration of licence contracts for use of an article protected by a utility model, transfers of utility models, foreign relations, representation in proceedings before the Office, waiving the period of time, consultation in files, designation procedures, registration of utility models classified under specific regulations, repair and compulsory licensing shall apply mutatis mutandis to the provisions of the Act on Inventions, Industrial Samples and Improvements (4).
(3) The final decision of the Office shall be subject to an action against the decision pursuant to special legislature4a).
(4) The Office shall levy administrative fees for individual acts under this Act. (2a)
This Act shall take effect on the day of its publication.
Spatial v. r.
Kováč v. r.
1) The Paris Convention for the Protection of Industrial Property of 20 March 1883 revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934, in Lisbon on 31 October 1958 and in Stockholm on 14 July 1967, published under No 64 / 1975 Coll.
2) § 2 et seq. of Act No. 527 / 1990 Coll., on inventions, designs and improvements.
2a) Act No. 368 / 1992 Coll., on Administrative Charges, as amended.
2b) § 986 of the Civil Code.
3) Paragraph 33 (2) (c) of the Administrative Regulation.
(3a) Paragraph 35 (3) of the Administrative Regulation.
(3b) Paragraph 41 of the Administrative Code.
3c) Sections 64 and 65 of the Administrative Regulation.
(3d) Paragraph 71 (1) and (3) of the Administrative Regulation.
3e) § 80 of the Administrative Code.
3f) § 152 (3) and (5) of the Administrative Rules.
3g) Paragraph 27 (1) and (2) of the Administrative Rules.
3h) Paragraph 27 (3) of the Administrative Regulation.
4) For example, Sections 8 to 10, 14 to 16, 64 to 68, 70, 71 and 75 of Act No. 527 / 1990 Coll., § 19 of the Federal Office of Inventions Decree No. 550 / 1990 Coll., on Proceedings on Inventions and Industrial Designs.
4 (a) Act No. 150 / 2002 Coll., Administrative Rules, as amended.
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Regulation Information
| Citation | Act No. 478 / 1992 Coll., on utility models |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.1992 |
|---|---|
| Effective from | 26.10.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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