Decree No. 69 / 1953 Coll.
Decree on the full text of the Government Decree implementing the Act on Inventions and Improving Ideas
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69.
Order of the President of the Office of Inventions
of 10 July 1953
on the full text of the Government Decree implementing the Act on Inventions and Improving Ideas.
Pursuant to Article 23 of Decree-Law No 48 / 1953 Coll., on changes in jurisdiction and in proceedings concerning inventions, improvements, trademarks and protected designs, I declare in the annex to the full text of Decree-Law No 10 / 1952 Coll., for the implementation of the Act on Inventions and Improving Ideas, as is apparent from the later provisions.
Janská v. r.
Annex to Decree No. 69 / 1953 Coll.
Government Regulation
of 1 April 1952 No 10 / 1952 Coll.
to implement the Act on inventions and improvements, as resulting from later regulations.
The Government of the Czechoslovak Republic orders pursuant to § 78 of Act No. 6 / 1952 Coll., on Inventions and Improving Ideas ("the Act"):
Inventions.
Invention application.
(1) The application for an invention shall be made in writing in duplicate with the Central Office, which shall be 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. Persons who do not reside in the territory of the Czechoslovak Republic shall submit an application to the Office of Inventions. The application must state the name and surname of the applicant, his residence, nationality, employment and place of work and the name of the invention. The application must show that the applicant applies for a patent.
(2) The application may contain only one invention.
(1) The applicant shall attach to the application a description of the invention in four copies and, where appropriate, drawings, models or design models.
(2) The drawings shall be made on A4 paper in one main and three supporting copies. For the main copy, use white, strong and smooth drawing paper; The drawing shall be made black cover. The secondary copy shall be a copy of the main copy on translucent paper.
In the description, if combined with the necessary drawings, models or design patterns, the invention shall be described briefly but clearly, accurately and completely so that the invention can be used. At the end of the description, be precisely marked and defined what is to be the subject of the patent.
(1) The applicant shall add to the application a declaration that the invention is his work and, if he does not offer the invention to the State, a declaration that he is not obliged to offer it. Where the applicant is an employee of an institution, establishment or undertaking or body of a State and does not offer an invention to the State, the competent central authority shall inform the applicant of the application to the institute, establishment or undertaking or authority of the State with which the applicant is employed.
(2) If they submit an application to the Constitution, an establishment or an establishment or an establishment or an institution of the State (Section 14 of the Act), they shall add a statement that the person on whose behalf they submit the application is the author of the invention or its heir, indicating the circumstances which make it clear that the originator or heir is obliged to offer the invention of the State. Where it is not apparent from such an application that the person on whose behalf the application is submitted has been informed, the competent central office shall notify the application.
(1) If the heir submits the application, he shall also indicate in the application the name, surname, last job, place of employment and residence of the original and attach a statement that according to his knowledge the deceased is the author of the invention; If it does not offer the invention of the State, it shall also attach a declaration that the deceased was not obliged to offer the invention to the State. They shall also attach proof that he is the heir.
(2) In the event of death, the State has the status of heir.
If the court finds in the proceedings that the deceased has left an unclaimed invention and if it is not known who the heir is or if the heir is absent, it shall notify the Office of the invention; in such a case, the court shall appoint a guardian to lodge the application.
If the application is filed by an agent or legal representative, the application shall also indicate its name, surname, employment and residence and shall attach a document proving its entitlement to represent it, unless such authorisation has previously been established. This provision shall not apply to applications submitted under Article 14 of the Act.
(1) If the applicant exercises the right of priority in accordance with the provisions of international conventions, the application must specify the time of the application from which the priority is derived and the country in which the application was lodged.
(2) Within three months of filing the application, the applicant must demonstrate his right of priority from the first application. The right of priority from the first application shall be demonstrated by a copy of the description, after copies of the drawings, accompanied by a certificate from the competent authority to which the first application was submitted, of the date of filing of the application and of the fact that the copy, after a copy, agrees to the original. The Office of Inventions may require the applicant to submit certified translations of those documents within a specified time limit.
Where the applicant exercises the right of priority under the provisions of the international convention, he shall demonstrate all the circumstances relevant to the conferral of priority under that convention.
If the application has deficiencies, the competent central authority shall invite the applicant to remedy the deficiencies within the time limit set without altering the substance of the invention; If persons are not resident or registered in the territory of the Czechoslovak Republic, the applicant shall be invited by the Office for Inventions. If the applicant does so in time, the invention shall be deemed to have been duly applied for initially; otherwise the applicant shall be deemed to have given up further consideration of his application. If the deficiencies have been remedied after the deadline laid down, the application procedure shall continue, but the applicant shall have the right of priority only since the deficiencies have been remedied. The same applies if the substance of the invention has been changed in the timely correction of the deficiencies.
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.
An offer from the state.
Offering procedure.
(1) The offer of the invention of the State which was made after the application for the invention is submitted in writing or orally to the competent central office, which shall immediately inform the inventions office thereof. Staff members of the institutions or undertakings (heirs) may submit an offer orally through such institutions or undertakings; a record of such a tender shall be drawn up by the authority or undertaking signing the originator (heir). The institution or undertaking shall send the minutes to the competent central office. The time of submission of the tender shall be deemed to be the time when the registration has reached that office.
(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.
Cancelled.
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) Acceptance of the invention shall, as a general rule, be decided within 60 days of the date of the offer.
(2) If it appears necessary to carry out a more comprehensive investigation on the fitness of the invention for the purposes of socialist construction, the applicant must be informed within that time limit of the communication as to how the next survey is planned. However, acceptance of the invention shall be decided no later than one year from the date of the offer.
(3) The provisions of the preceding paragraphs do not apply to the acceptance of an invention which was entered before the law was effective.
(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; Where a tender has been submitted by an establishment, establishment or undertaking or body of a State pursuant to Article 14 of the Act, it shall also inform the person on whose behalf the tender has been 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 under the Directives annexed to this Regulation (hereinafter referred to as the Directive).
The authorities or undertakings using the invention shall contribute to the remuneration by the amounts determined by the central competent authority in agreement with the other central authorities involved.
If the competent central office withdraws the acceptance of the invention (Section 22 of the Act), the originator or heir shall be obliged to repay the remuneration paid only if it is established that at the time of the offer he was aware of the right of another person to prevent the State from making use of the invention.
The reward for the invention accepted, after the part of it attributable to one co-producer, is excluded from execution up to 2000, - Kčs.
Advantages.
(1) The relevant ministers may grant benefits for inventions received, such as study or travel scholarships, accommodation, recreation and such.
(2) The originators of the adopted inventions take precedence over other tenderers when filling posts in research institutes and technical development bodies under different conditions.
The cooperation of the originator.
(1) Where the originator of the proposed invention of testing, technical implementation, introduction, development or use of the invention (Section 19 of the Act) in the institution or undertaking in which he is employed is exempted from his own work in the scope of such cooperation; In doing so, he shall maintain his current employment and employment status and guarantee his current salary by at least an average over the last 3 months.
(2) The same applies if the originator so cooperates in another institution or undertaking. That authority or undertaking shall be obliged to replace the place where the originator is employed and which the originator pays his salary, part of the salary for the period missed by the originator as a result of such cooperation in his undertaking or authority.
(3) Where the originator is not in employment, the remuneration for his cooperation shall be determined by agreement, at an amount which corresponds to the rules governing the remuneration of such work.
Enter the application procedure.
(1) If a person other than the originator or his heir has applied, 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 inventions office shall continue the proceedings as if the application had been submitted from the outset by the originator (heir).
(2) If only proof has been provided that a dispute has been initiated as to who is the originator, the inventions of the survey shall continue. It shall, however, await the decision on the application for a final judgment.
(3) The Office of Inventions shall inform the competent central authority of the entry into the proceedings and the application.
(4) The provisions of the preceding paragraphs shall apply mutatis mutandis in cases where the application has been filed by the institutes, establishments or undertakings or by the authorities of the State (Section 14 of the Act) on behalf of someone other than the originator (heir), or only by one of the co-originators, or where the application has been filed on behalf of only one of the co-originators.
If the invention has been registered and offered to the State in accordance with Article 14 of the Act and the Office of Inventions decides that the originator (heir) is not obliged to offer the invention to the State, it shall also invite it to express, within a given period, whether the application procedure should be continued. If the originator (heir) does not comply with this invitation in time, he shall be deemed to have given up further examination of the application.
Patent.
(1) If the Office of Inventions finds after a survey that the invention complies with the conditions for granting the patent, the originator or his heir shall grant the patent; or reject the application.
(2) Before deciding on the application, the applicant shall be given the opportunity to exercise his rights and to make his observations.
(3) If an application for an invention has been filed pursuant to Article 14 of the Act, the decision on the application for an invention shall also be served on the institute, establishment or undertaking or authority of the State which made the application.
(4) 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.
(1) If a patent has been granted to a person other than the originator or his heir, the originator (heir) may, within one year of the grant of the patent, request that the patent be rewritten to him if he proves by a final judgment that he is the originator (his heir).
(2) If only proof has been provided that a trial has been initiated for the originator, the Office for Inventions shall wait with a transcription until the court has taken a final decision.
(3) The provisions of the preceding paragraphs shall apply mutatis mutandis if the patent has been granted to only one co-producer or his heir.
After the decision granting the patent has been given legal authority, the patent office shall register the inventions and issue a patent to the originator or his heir. A copy of the patent document shall be delivered to the constitution, establishment or establishment or authority of the State which submitted the application pursuant to Article 14 of the Act.
The patent shall contain the name, surname and address of the originator and applicant of the invention, the number of the patent and, if the offer of the invention is accepted by the State, the name and address of the patent. Part of the patent is a description of the invention.
The grant of the patent shall be notified in the Collection of Inventions (§ 59), where the name, surname and residence of the author of the invention and the name, surname and residence of the owner of the patent, patent grade, patent number, name of the invention and the beginning of validity of the patent.
The surrender shall cease to be a patent at the time when the written declaration of surrender was issued to the Office of Inventions.
The provisional measure provided for in Section 28 of the Act shall be authorised by the court in accordance with the provisions of the Civil Code. In addition to the conditions set out there, the appellant must demonstrate to the court by confirming to the Office of Inventions that the articles which are manufactured are manufactured industrially or that the way in which production is carried out is identical to the invention which is the subject of the application.
(1) A request for designation pursuant to Article 39 of the Act shall be made in writing in duplicate with the Office of Inventions. The application shall contain a precise description of the articles manufactured or intended to be manufactured by the applicant or a precise description of the manner in which it uses or intends to use in the operation of the production. Where necessary, drawings shall also be attached to the application in duplicate.
(2) The application shall also indicate the patent to which the designation relates. The holder of this patent shall be given a copy of the application with annexes by the inventions office and invited to comment on the application within a given period; If it does not comment, this shall not interfere with the decision on the application.
Improving ideas.
General provisions.
(1) Improving themes are:
1. technical improvements which depend on the introduction of other, better equipment, technical process or product,
2. operational improvements which depend on improving the technical process by better utilizing existing equipment, material or manpower, but without substantially changing the equipment or the technical process;
3. administrative improvements which depend on improving organisation or economic operation, such as suggestions for simplifying or improving supply, sales, accounting, documentation and such.
(2) The technical procedures referred to in the previous paragraph include, in addition to production procedures, the gradual organisation of other technical performance.
(3) An improvement is not a proposal to remedy deficiencies or errors caused by negligence or to warn that legislation or technical standards are not maintained; It is also not an improvement theme merely to set out tasks, unless, at least in substance, the way of the solution is given.
(1) For the institution or undertaking which decides to accept an improvement theme, the improvement theme is new if it was not introduced with it or with one of the subordinate units at the time when it arrived, or if it was not planned to be implemented there at that time in the proposed implementation.
(2) However, for an institution or an undertaking, an improvement theme is not new if the content is identical to that published in accordance with Paragraph 44 (2) and was registered within 3 months of publication.
(1) The institutions or undertakings shall designate staff members for whom improvements are claimed.
(2) The proposed improvement theme shall be entered in the journal of improvement topics and shall be given written confirmation to the applicant.
(3) The journal of improvement topics must be bound and properly addressed; the journal shall be kept in accordance with a model issued by the inventions office.
Acceptance of an improvement.
(1) If the technical improvements or operational improvements in the field of work or operation of the application point are concerned (Section 51 of the Act), this place shall decide on its acceptance.
(2) In the absence of technical improvements or operational improvements in the field of work or in the operation of the application point, the post shall immediately refer the improvement topic to the decision of the authority or undertaking whose field of work or operation relates; However, if such an authority or undertaking is not known, the matter shall be referred to the central office competent according to the nature of the subject or the inventions office. The Central Office or the Inventions Office shall take measures to ensure that the subject is immediately addressed to the authority or undertaking whose field of work or operation is concerned.
(1) The adoption of administrative improvements shall be decided by the authority or undertaking which is entitled to introduce improvements under the relevant rules.
(2) Where the institution or undertaking for which an administrative improvement has been applied for is not itself competent to decide, it shall forward such improvement to the authority or undertaking entitled to introduce an improvement.
(1) As a general rule, the adoption of an improvement theme shall be decided within 30 days of the date on which the subject reaches its decision.
(2) If it appears necessary to carry out a more comprehensive investigation on the fitness of the improvement topic, the applicant must be informed within that period. At the same time, you will be told why the subject could not be decided in time and how the next investigation is planned. However, acceptance shall be decided no later than one year after the date on which the subject reaches the decision.
If the institution or undertaking to which the improvement theme has been found to be the subject applied for is an invention which can be granted a patent, it shall immediately draw the attention of the applicant, even if the subject has already been accepted.
Where an institution or an undertaking meets when deciding to accept the same improvement theme, it shall take precedence over those earlier.
(1) An improvement certificate shall be issued to the improviser by the authority or undertaking which adopted the improvement theme.
(2) The improvement certificate must include the name and surname of the perfector, his residence, a brief indication of the improvement theme and an indication of whether the adopted improvement theme is technical improvements, operational improvements or improvements in administrative terms.
In the absence of an improvement in the employment relationship with the institution or undertaking that has accepted the proposal, the institution or undertaking where the improvement is in the employment relationship shall be informed without delay of the adoption of the improvement theme; If the worker is not an improvement, the competent central authority shall be notified.
Expanding improvements.
The technical improvements received shall be notified to the supervisory authority by the place which received them; the other improvements received shall report to him such improvements received which are suitable for use by other authorities or undertakings.
(1) The competent authority to which the proposed improvement project has been notified shall assess whether and to what extent the improvement project can also be used by other institutions or undertakings, and shall ensure, as a matter of urgency, that the project is transferred and implemented where necessary.
(2) Expansion of improvements which are of greater importance will be ensured by the competent central authorities. the details shall be adapted by the Chairman of the Office of Inventions.
The institution or undertaking which has received an improvement of the topic by means of enlargement (Paragraph 44) shall decide with expedited procedure whether an improvement of the subject will be introduced; If necessary, it shall also ensure that the introduction of an improvement theme is included in its plan.
Reward for an improvement.
The amount of remuneration for the improvement project adopted under the Guidelines shall be determined and paid by the body or undertaking which received the project; where the improvement is the head of that authority or undertaking, the remuneration shall be determined by the superior authority.
(1) Where other institutions or undertakings which are subject to the same central office as the institution or undertaking which has accepted the improvement theme make use of the adopted improvement theme, they shall notify that central office. The Central Authority shall determine and pay the improvement fund the amount by which the remuneration determined by the institution or undertaking which received the proposal will be increased.
(2) If the authorities or undertakings making use of the proposed improvement theme are not subject to the same central office, they shall notify the central office which is superior to the authority or undertaking which received the proposal. The Office shall determine and pay the improvement fund the amount by which the remuneration fixed by the institution or undertaking which received the proposal will be increased.
(3) The Central Authority shall, in the case of paragraph 2, determine at the same time, in agreement with the competent central authorities, the amounts to be contributed to the payment of the increased remuneration by each institution or undertaking.
If the use of an improvement theme is hindered by someone else's right, the competent central office shall withdraw acceptance of the subject. Paragraph 19 on the reimbursement of remuneration applies mutatis mutandis.
Where an improvement theme has been adopted in accordance with the previously rejected theme, the applicant and the applicant for the earlier rejected theme shall be entitled to a remuneration as improvement agents who have submitted an improvement theme together, unless a period of three years has elapsed between the decision to reject the earlier theme and the decision to accept the later theme.
If a patent is awarded to the same applicant (heirs) on the subject of the improvement, and if the invention is accepted by the State, the remuneration shall be determined in accordance with the rules on remuneration for the inventions received. The amounts paid by the originators for the proposed improvement shall be added to this remuneration.
Remuneration for the accepted improvement theme, after the part of it attributable to one of several improvements who submitted the improvement theme together, is excluded from execution up to 2,000, - Kčs.
Advantages and cooperation of the enhancer.
(1) Benefits may be granted in accordance with Paragraph 21.
(2) The provisions of Section 22 of the Improving Theme apply mutatis mutandis to the cooperation of the Improved Body in the testing, technical implementation, introduction, development or use of the Improvement Theme.
Organs.
Office of Inventions.
(1) The Office of Inventions, based in Prague, is responsible for matters of invention and improvement under the law and this Regulation.
(2) In particular, the Office for Inventions
1. co-operate in the planning of the introduction of new techniques;
2. collects experience and knowledge with the movement of inventors and enhancers, ascertains and undergoes an analysis of the cause preventing the development of the movement and acts to remove it, provides and provides advice to inventors and enhancers and takes care of the organisation of advice to inventors and enhancers and promotes the movement of inventors and enhancers;
3. monitors the development of the movement of inventors and improvement workers in the Union of Soviet Socialist Republics and in the People's Democratic States, and acts to make the most of their experience and knowledge in the field of inventions and improvements;
4. exercise the rights conferred on the State by the adopted inventions and patents in national property, unless it has entrusted them to the administration of another authority or undertaking;
5. procures technical documentation and regulates the sorting of inventions and improvements;
6. Unifies and controls the activities of central authorities and their subordinate bodies or enterprises in the field of inventions and improvements; the deficiencies identified are reported by the President of the Office to the Prime Minister.
(1) The Office for Inventions shall organise and manage the President; The President and his deputy shall be subordinate to the Prime Minister.
(2) In addition to the President and his deputy, the Office of Inventions shall have the necessary number of professional and other staff to carry out the work related to the performance of its duties.
Expert commission.
(1) A panel of experts shall be set up as an advisory body of the Chair of the Office of Inventions as required.
(2) The members of the expert commissions are appointed by the Prime Minister, on a proposal from the President of the Office for Inventions, generally from workers in production and trade and from consumers as well as from scientists.
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Regulation Information
| Citation | Decree No. 69 / 1953 Coll., on the complete text of the Government Decree implementing the Act on Inventions and Improving Ideas |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.08.1953 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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