Government Decree No. 48 / 1953 Coll.
Regulation on changes in jurisdiction and in proceedings concerning inventions, improvements, trade marks and protected designs
Valid
Effective from 08.06.1953
48.
Government Regulation
of 12 May 1953
on changes in jurisdiction and in proceedings concerning inventions, improvements, trade marks and protected designs.
The Government of the Czechoslovak Republic orders pursuant to § 1 of Act No. 143 / 1949 Coll., on Changes in the Organisation of Public Administration and within the scope of its bodies, and § 78 (2) of Act No. 6 / 1952 Coll., on Inventions and Improving Ideas:
In order to ensure continuous growth and improvement of socialist production on the basis of the highest technology, the following changes shall be made to the jurisdiction and proceedings concerning inventions, improvements, trademarks and protected designs:
Inventions.
(1) The application for an invention shall be submitted to the central office which is superior to the authority or undertaking whose field of work or operation relates to the invention (hereinafter referred to as the competent central office). If the application has been filed with a non-competent central office, that central office shall forward it to the central office responsible within 8 days and inform the applicant accordingly.
(2) Persons who do not reside or reside in the territory of the Czechoslovak Republic shall submit an application to the Office of Inventions.
The application shall be made in writing in duplicate; the application is accompanied by a description of the invention in four copies and, where appropriate, drawings, models or design models. The drawings shall be made in one main and three secondary copies.
The invention shall be registered at the time when the application was submitted to the Central Office and in the cases referred to in Section 2 (2) at the time when the Office of Inventions was issued.
(1) The competent central office shall send one copy of the application to the Office of Inventions to carry out the survey as to whether the invention fulfils the conditions for granting the patent and for the decision on the application. The copy of the application shall be accompanied by a description of the invention in duplicate and by drawings, models or designs; The drawings shall be sent in one main and one secondary copies. A copy of the application with annexes shall remain with the central office concerned.
(2) If the application is deficient, the competent central office will, before that, carry out the procedure under Section 10 of Government Decree No. 10 / 1952 Coll., to implement the Act on Inventions and Improving Ideas.
(1) The offer of the invention of the State which was made after the application for the invention is submitted to the competent central office, which shall immediately inform the inventions office thereof.
(2) Persons who are not domiciled or registered in the territory of the Czechoslovak Republic shall submit an offer of invention to the Office of Inventions, which shall send it together with one copy of the application and the necessary annexes to the competent central office.
The invention offered to the State shall be submitted by the competent central authority to examine whether it is fit for the purposes of socialist construction, both technical and economic; In so doing, the expert committee may request an opinion.
The competent central authority shall decide on its acceptance and remuneration for the invention following a fitness survey of the proposed invention; If the invention has not yet been granted a patent, the remuneration shall be determined and paid in accordance with the rules applicable to the remuneration for improvements. Once the patent on the invention has been granted, the remuneration shall be adjusted according to the rules applicable to the remuneration for inventions.
(1) The competent central authority shall communicate its decision on the offer to the State of the invention to the person who made the offer; If the tender was submitted by the Constitution, the establishment or the undertaking or body of the State pursuant to § 14 of Act No. 6 / 1952 Coll., it shall also inform the person on whose behalf the tender was submitted.
(2) The competent central authority shall at the same time communicate the decision on the supply to the inventions office and the participating central offices; If the offer of the invention has been rejected, it shall also inform them of the reasons for the rejection.
(3) If a tender has been accepted, the central competent authority, in cooperation with the other central authorities involved, will take the necessary measures to make use of the invention.
The remuneration for the invention shall be paid by the central office which has decided to accept the invention and the remuneration; the remuneration shall be paid by the authorities or undertakings using the invention by the amounts determined by the central competent authority in agreement with the other central offices involved.
If the invention has been offered to the State, the Office for Inventions will normally decide on the grant of the patent only after the decision of the Central Office on the offer of the invention. The Office of Inventions shall inform the competent central authority of its decision.
The Office of Inventions shall decide on the expropriation of the patent or the right to use the invention, after which it shall consent to the use of the invention before expropriation.
Improving ideas.
Persons who are not in an employment relationship shall submit improvements to the Central Office, which shall be superior to the authority or undertaking whose field of work or operation is concerned with the improvement.
(1) Expansion of improvement ideas of broader importance will be ensured by the competent central authorities; the details shall be adapted by the Chairman of the Office of Inventions.
(2) The obligation of the Office for Inventions to issue the Collection of Improving Ideas is hereby lifted.
Provisions common.
Advantages for inventions and improvements are provided by relevant ministers.
(1) The competent central office shall also be transferred to the competent central office of the office of invention and improvement under Sections 17 and 22 of the Act No. 6 / 1952 Coll., § § 4, 19, 42 and 48 of the Law No. 10 / 1952 Coll. and paragraphs 10, 11, 22, 26 and 27 of the Directives on Remuneration for Accepted Inventions and Improving Ideas (Annex to V. No. 10 / 1952 Coll.).
(2) In the case referred to in § 23 of the Law No. 10 / 1952 Coll., the Office for Inventions on Entry into the Application Procedure will inform the Central Office.
(1) Expert commissions shall be set up at the Office of Inventions as required. Members of expert commissions set up with the Office of Inventions or with central offices shall be remunerated for the preparation of the opinion.
(2) The Office of Inventions and Central Authorities may entrust the drawing up of an opinion to experts who are not their employees.
(3) The President of the Inventions Office shall, in agreement with the Minister of Finance, lay down the principles governing the allocation and level of remuneration in the cases referred to in the preceding paragraphs.
(1) Decisions of the Office for Inventions are final.
(2) The Patent Board is hereby repealed.
The Office of Inventions shall unify and monitor the activities of the central authorities and their subordinate bodies or undertakings in the field of inventions and improvements; the deficiencies identified are reported by the President of the Office to the Prime Minister.
Final provisions.
Offers made by the State before the date of application of this Regulation to the Office for Inventions and Improving Ideas which it has not yet decided on shall be decided by the competent central authorities.
The Office of Inventions shall decide on complaints lodged against decisions of the Office for Inventions and Improving Ideas which were not decided before the entry into force of this Regulation.
(1) The provisions of Act No. 6 / 1952 Coll., on Inventions and Improving Ideas, Act No. 7 / 1952 Coll., on Transitional Measures in the Field of Patents, Act No. 8 / 1952 Coll., on Trademarks and Protected Designs, Decree No. 10 / 1952 Coll., on Implementation of the Act on Inventions and Improving Ideas, and the Decree of the Administrative President of the State Office of Planning No. 15 / 1952 Coll., on Implementation of the Law on Trade Marks and Protected Designs, if they contravene this Regulation.
(2) Paragraph 57 of Law No 6 / 1952 Coll. is hereby repealed where it provides for the possibility of applying to the Office for Inventions and Improving Ideas to decide whether the improvement topic is fit for the purposes of socialist construction.
The President of the Office of Inventions will modify and publish in the Collection of Laws the text of Act No. 6 / 1952 Coll. and Government Decree No. 10 / 1952 Coll., as they result from changes made by later regulations.
This Regulation shall enter into force on the day of its publication; they shall be implemented by the Prime Minister in agreement with the participating members of the Government.
Broad v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 48 / 1953 Coll., on changes in jurisdiction and procedures in matters of invention, improvement of ideas, trade marks and protected designs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.06.1953 |
|---|---|
| Effective from | 08.06.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0