Decree of the Federal Office of Inventions No. 550 / 1990 Coll.
Decree of the Federal Office of Inventions on the Management of Inventions and Industrial Designs
Valid
Effective from 01.01.1991
550
DECLARATION
Federal Bureau of Inventions
of 11 December 1990
on the management of inventions and designs
The Federal Office of Inventions in the Agreement with the participating central authorities pursuant to the provisions of § 88 (1) of Act No. 527 / 1990 Coll., on Inventions, Industrial Models and Improving Proposals ("the Act ') provides:
EXPLANATORY PROCEDURE
Application for invention
(1) The application for an invention shall contain an application for a patent in duplicate, a description of the invention and, where appropriate, drawings thereof, at least one patent entitlement and an annotation in one copy of the main and two supporting and necessary annexes. The main copy shall allow for good reproduction and, where appropriate, printing.
(2) If the applicant is not the author of the invention or if he is not entitled to the patent under the provisions of Section 9 of the Act, the application must be accompanied by proof of the acquisition of the patent right.
Application for a patent
(1) The application for a patent shall include:
(a) surname, first name, residence, nationality of applicant; where the applicant is a legal person, its name and registered office;
(b) the surname, first name, residence, nationality of the author of the invention, if not the applicant;
(c) the surname, name and address of the representative, if the applicant is represented; If the applicant is represented by a legal person, his name and address shall be indicated;
(d) the name of the invention;
(e) a statement of the applicant's willingness to apply for a patent;
(f) the signature of the applicant or his representative.
(2) The patent application must be drawn up in accordance with the standard laid down.
If the applicant exercises the right of priority under the international agreement under the provisions of Section 27 of the Act, the application must state the date of filing of the application from which the right of priority derives, the number of the application and the State in which the application was lodged, or the authority to which the application was lodged under the international agreement.
Where a patent application is lodged by several co-applicants and there is no joint representative, the application shall indicate which of them is to be sent to the Office.
Description of the invention
(1) The description of the invention shall include:
(a) the name of the invention;
(b) the field of technology concerned by the invention;
(c) the characteristics of the state of the art;
(d) an explanation of the nature of the invention and its advantages or disadvantages against the state of the art;
(e) clarification of the drawings, if any;
(f) examples of the realisation of the invention;
(g) the method of industrial exploitation of the invention.
(2) One of the supporting copies of the description of the invention must be signed by the applicant or his representative.
(3) The completion of the description of the invention must conform to the established standard.
Specific description of the invention of production micro-organisms
(1) Where an industrial production micro-organism or other biotechnology product is the object of the invention, the method of production or its use, its morphological and physiological properties shall be defined, the public collection number shall be indicated and evidence shall be provided by means of a reproducible example that it is obtained artificially.
(2) At the request of the Office, the applicant is obliged to provide proof of compliance with the obligation under Article 26 (2) of the Act.
Patent claims
(1) Patent claims must define the subject for which protection is requested. It must be clear, concise and supported by a description. One of the supporting copies of the patent claims must be signed by the applicant or his representative.
(2) Issue of patent claims must comply with the established standard.
Drawings
The essence of the invention shall be represented, if necessary, by a schematic display of the principle and all the characters on which the invention is based. The drawing must conform to the specified standard; one of the supporting copies of the drawing must be signed by the applicant or the representative.
Annotation
(1) Annotation serves exclusively for technical information.
(2) Annotation must contain the name of the invention and a brief summary of what is given in the description, the patent claims and the drawings.
(3) The completion of the annotation must comply with the specified standard. Annotation may be modified ex officio.
Application procedure for invention
(1) The Office shall indicate the date of its filing on the application for the invention, assign the file number and issue the applicant a certificate of filing the application for the invention.
(2) The application for an invention shall be deemed to have been filed, if it contains the applicant's designation, by giving a speech of his will to grant the patent, a part which clearly describes the invention.
The Office shall register the application for the invention. The following shall be entered in the register of applications for inventions:
(a) the registration number of the invention;
(b) classification of the invention by international patent classification;
(c) the date of filing the application for the invention;
(d) the name, name and address of the originator of the invention;
(e) the designation of the applicant and his representative, if represented;
(f) the name of the invention;
(g) an indication of the right of priority applied under the international agreement, where applicable;
(h) an indication of the official of the Office to whom the application has been granted for proceedings;
(i) the licence offer;
(j) details of individual submissions in the case and operations of the Office.
Excluded applications for invention
(1) If the Office finds that the application for an invention does not comply with the requirement of Paragraph 26 (1) of the Act, it shall invite the applicant to remedy that deficiency within the time limit set. Excluded applications for inventions shall have the right to priority from the original application for inventions, provided that they are submitted by the applicant within 3 months of the removal of the original application defect. The applicant may divide the application of the invention into the grant of the patent on his own initiative.
(2) If the exclusion or division of the application after the start of a full survey pursuant to Article 33 of the Act is required, the excluded application shall be deemed to have been applied for a full survey.
(3) The applicant shall be obliged to pay the administrative fees due in respect of the application rejected, corresponding to the status of the original application at the time of exclusion.
Allowed changes in the invention application
Modifications and amendments made to the invention application during the procedure shall not go beyond its original submission.
Complete Survey
(1) Where a full survey of the application for an invention has been initiated at the request of a person other than the applicant, or where it has been initiated ex officio, the Office shall inform the applicant accordingly.
(2) If he asks for a full survey of the application of the invention independently of himself, the Office shall initiate a full survey at the request which it has first obtained. This shall be communicated by the persons who submitted the application later.
Patent Register
(1) The Office shall register the invention for which the patent has been granted.
(2) The following shall be entered in the patent register for each invention:
(a) the number of the patent;
(b) the date of the grant of the patent;
(c) the date of publication of the patent in the Bulletin of the Federal Office of Inventions ("Bulletin");
(d) the name of the invention;
(e) the date of filing of the application and its file number;
(f) the date of publication of the application;
(g) an indication of the right of priority applied under the international agreement, where applicable;
(h) the holder of the patent, the registered office (domicile) or, where appropriate, his representative;
(i) classification of the invention by international patent classification;
(j) the name, name and address of the originator of the invention;
(k) where appropriate, the grant of a supplementary protection certificate;
(l) transfer of the patent;
(m) licences;
(n) the licence offer;
(o) the compulsory licence;
(p) the right of the previous user;
(r) cancellation or partial cancellation of the patent, where appropriate;
(s) payment of administrative fees for patents;
(t) the loss of the patent;
(u) other relevant data.
Registration of licences
(1) The application for registration of a licence contract in the patent register shall be submitted in writing to the Office.
(2) The application shall be accompanied by two copies of the licence agreement, which shall clearly indicate the invention for which the licence is granted, the licensee of the licence rights and the scope of the rights granted.
Procedure for the international application for an invention
International applications for inventions (hereinafter referred to as "international applications") pursuant to Article 24 (2) of the Act shall be submitted to the Office in triplicate in English, German, or French, or Russian depending on the language of the international search body.
(1) The applicant of an international application requesting the grant of a patent in the Czech Republic under an international contract shall submit to the Office, within 31 months of the onset of the right of priority, a triplicate translation of the patent into the Czech language and pay the relevant fees in accordance with a special regulation.
(2) If the applicant fulfils the conditions referred to in paragraph 1, the Office may, at the request of the applicant, initiate an international application procedure before the deadline referred to in paragraph 1.
Procedure for designation, procedure for cancellation of a patent, compulsory licence procedure and procedure for change of copyright
Designation procedure
(1) A request to determine whether or not an article falls within the scope of a patent shall be made in writing to the Office in duplicate.
(2) The application shall certify the legal interest in the determination, state the necessary information and attach the supporting documents necessary for the decision. The supporting documents shall be presented in four copies.
(3) The Office shall invite the parties to submit their comments on the application and, if necessary, submit the necessary supporting documents. If it is not expressed within the time limit set, this shall not prevent the decision on the application.
Procedure for cancellation of the patent
(1) The application for revocation of the patent shall be lodged with the Office in writing in duplicate.
(2) The application shall be substantiated in substance and shall be supported or proposed by evidence.
(3) The Office shall invite the patent holder to comment on the proposal; If it does not express itself within the time limit laid down, this shall not prevent the decision on the application.
Forced licence procedure
(1) The application for a compulsory licence shall be lodged with the Office in duplicate.
(2) The request must be substantiated in substance and supported.
(3) The decision granting the compulsory licence shall specify the scope of the licence.
Procedure for the change of copyright to patent
(1) The author of the invention referred to in Paragraph 81 (4) of the Act makes an application for the transfer of a valid copyright certificate to the Office in duplicate.
(2) If more than one author has created the invention referred to in paragraph 1 by common creative work, he shall submit an application for the transfer of the copyright to the patent together. If the co-authors do not have a joint representative, they shall indicate in the application the name and address of the person to whom the decision of the Office is to be served.
(3) The application for amendment of the copyright certificate to the patent shall contain the name of the invention, the number of the copyright certificate and the date of its award and the designation of the organisation which has the right to the invention or has been entrusted with it.
(4) The Office will publish an application for a change to the copyright on the patent in the Bulletin. Any person may object to the transfer of the copyright to the patent within 3 months of the publication of the application for the change of the copyright to the patent. The delay cannot be forgiven.
(5) The Office will publish the decision to change the copyright to the patent in the Bulletin.
(6) The patent granted following an application to change the copyright certificate on the patent is valid for 15 years from the date of filing the patent application; the patent rights granted following an application for a change of the copyright certificate to the patent shall be established from the date of publication of the application for a change of the copyright certificate to the patent in the Bulletin.
FINAL PROVISIONS
This Decree shall take effect on 1 January 1991.
Chairman:
Ing. Jakl v. r.
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Regulation Information
| Citation | Decree of the Federal Office of Inventions No. 550 / 1990 Coll., on the Management of Inventions and Industrial Designs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1990 |
|---|---|
| Effective from | 01.01.1991 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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