Act No. 7 / 1952 Coll.
Law on transitional measures in the patent sector
Valid
Effective from 01.04.1952
Law
of 28 March 1952
on transitional measures in the field of patents.
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) Patents awarded by the Patent Office in Prague and the Office for the Protection of Trade Property in Bratislava are valid throughout the Czechoslovak state territory. This also applies to the rights to use inventions which have been granted for the entire perimeter of the validity of these patents.
(2) Where patents for the same invention have been granted by the authorities referred to in paragraph 1, the patent to which a later priority is due shall cease to be valid. If such patents belong to the same owner, the same period of priority shall cease to be valid for the patent granted on the application which was filed later.
(3) The provisions of paragraphs 1 and 2 also apply mutatis mutandis to patents recognised under Act No. 146 / 1942 of the Coll. on certain measures to protect inventions.
A patent licence which has expired pursuant to Paragraph 1 (2) shall be deemed to be a patent licence which remains valid; However, if such patents belong to different owners, those licensed to the existing patent shall continue to be considered to be the previous usersin the case.
The patent for an invention which has been awarded only for part of the Czechoslovak state territory by the Patent Office in Prague or by the Office for the Protection of Trade Property in Bratislava does not act against those who, by 31 March 1952, independently of the originators in the other territory of the invention, used or carried out all measures to use the invention.
Applications for inventions submitted to the Patent Office in Prague and to the Office for the Protection of Trade Property in Bratislava, which have not yet been decided on, will be decided according to the Act on Inventions and Improving Ideas. The Office for Inventions and Improving Ideas shall invite individual applicants, in an official document, to bring their applications into line with the provisions of the Law within three months; If they do not do so in time, they shall be deemed to have given up further consideration of their application.
(1) If the same applicant submitted the same application for the same invention at the patent office in Prague, at the trade defence office in Bratislava, and one of them has already been granted a patent which still applies, the procedure for the second application is terminated. However, if the application for a stay of proceedings had an earlier period of priority, the patent shall be deemed to have been granted on that application.
(2) If applications for the same invention have been submitted to different applicants and a patent has been granted to the application with a later priority, the patent will cease to be valid. However, its owner shall be entitled to the right of the previous user against the person who filed an application which has not yet been decided.
(1) The provisions of the Act on Inventions and Improving Ideas apply to patents granted under the existing regulations for the remainder of their term of validity. In doing so, patents which have been declared dependent shall continue to be dependent patents under the Act on Inventions and Improving Ideas and Adjunctive Patents as separate patents, provided that their dependence is not indicated under that Act.
(2) The provisions of the Inventions and Improving Ideas Act also apply to the rights to use inventions and to the rights of previous users acquired under existing regulations. If they do not give up such rights to use an invention of material importance, they shall only apply if they are entered in the patent register by 31 December 1952 at the latest.
(3) The validity of the patent to be granted for an invention in respect of which the provisional effects of the patent have been created according to the existing rules shall begin on the date on which those effects arise. However, if this is not the case, the patent shall take effect on the date of the entry into force of this Act.
In the case of a patent granted under existing rules, it shall continue to be assessed under these rules whether the patent has been lawfully granted to a person other than the originator and whether it is a new invention. If the grant of the patent is not in accordance with other provisions of the Inventions and Improving Ideas Act, other than those which act on persons to whom the patent may be granted, or whether the invention is new, the Office for Inventions and Improving Ideas shall declare that the patent is no longer valid.
The Office for Inventions and Improving Ideas will discuss the opposition to the granting of the patent under the current regulations as an indication of the circumstances relevant to the decision.
A complaint submitted under the existing patent rules shall be submitted by the Office for Inventions and Improving Ideas for the Decision of the Patent Board only if the patent is not valid under the second sentence of Section 7. Other complaints submitted under the existing regulations will also be submitted to the Patent College for a decision under the Inventions and Improving Ideas Act, except those which have lost material meaning under that Act.
(1) Proposals for appeal or revocation of a patent which has not yet been definitively decided will be discussed in the withdrawal or revocation proceedings under the Inventions and Improving Ideas Act as an indication of the circumstances relevant to the decision. The provisions of Section 7 remain without prejudice.
(2) The procedure for applying for the grant of a compulsory licence is hereby terminated.
If the holder of the patent is not the originator of the invention or of his successor in title or in accordance with existing rules, he or she could not be regarded as the originator or his successor in title, the originator or his heir may request a transcription of the patent granted under the existing rules. The transcription may be applied for until 31 December 1952. The provisions of the Act on Inventions and Improving Ideas apply mutatis mutandis to the effects of the transcription.
The withdrawal procedure initiated under the existing rules shall be terminated unless the conditions for the proposal continue to be the subject of a transcription procedure.
The examination of applications for recovery in the previous state or for the renewal of proceedings under the existing rules shall be terminated.
Proposals for recognition of a previous user under Section 9 of the Patent Act and for designation under Section 111 of the same Act, which has not yet been definitively decided on, are further discussed as requests for designation under Section 39 of the Inventions and Improvements Act. Proposals for the declaration of the dependence of a patent which has not yet been definitively decided shall be discussed further as requests to indicate the dependence of the patent under Section 40 of the Act on Inventions and Improving Ideas.
(1) The lien rights on patents granted until the date of entry into force of this Act shall cease to exist without compensation; The Office for Inventions and Improving Ideas will delete them with reference to this law. The liabilities for which the lien was established remain unaffected.
(2) The Office of Inventions and Improving Ideas will also delete, by reference to this Act, contentious remarks which do not comply with the provisions of the Inventions and Improving Ideas Act and the Regulations issued under it.
It is also possible to offer inventions of the State by the owners of patents which were granted by the date of the entry into force of this Act.
(1) By the date of the entry into force of this Act, those who have acquired the right to use the invention may, by 31 December 1952, withdraw from the continued duration of the contract concluded if such a right becomes wholly or partly of material importance.
(2) Until 31 December 1952, the holder of the patent may withdraw from the contract by which the originator (heir) has given permission to sign up for the invention or acquisition of the patent. If so, the Office for Inventions and Improving Ideas shall rewrite a valid patent on the originator or his heir if requested within 30 days; otherwise the patent ceases. If there is an invention that would otherwise have been the subject of the provisions of Paragraph 13 of the Act on Inventions and Improving Ideas, the patent holder may, by 31 December 1952, request the Office for Inventions and Improving Ideas to adjust the terms of the ratio of such a contract accordingly under the rules on inventions adopted by the State.
The priority rights of inventions introduced until the date of the entry into force of this Act into the exhibition, which has been granted the right of provisional protection, remain unaffected.
Patents for inventions which were covered by the territory of the Czechoslovak Republic and which were granted by an office not having its registered office in that territory shall not apply from the date on which they were granted or were extended to that territory.
(1) The right of priority from applications lodged in Berlin by Czechoslovak members from 1 August 1940 to 4 May 1945 may be exercised by Czechoslovak citizens or legal persons having their registered office in Czechoslovak State territory in applications submitted until 30 June 1952. If the application has already been filed, the right of priority may be applied retrospectively within the same period.
(2) In cases referred to in paragraph 1, if the applicant cannot submit the required confirmation to the Office with which the original application has been lodged, he may demonstrate the right of priority in another credible way.
(3) The right of priority applied under paragraph 1 shall not be prejudicial to the previous user. the right of which arose by the date of filing the application in the Czechoslovak Republic.
The entries concerning patents registered in the existing patent register shall continue to take place under the Act on inventions and improvements in the register.
(1) The authorisation of patent representatives is hereby revoked.
(2) Patent representatives are obliged to remain silent on the matters which have been entrusted to them after the revocation of their authorisation, provided that the Office for Inventions and Improvements does not exempt them from this obligation.
(3) The Patent Representatives will be appointed by the Office for Inventions and Improving Ideas by liquidators.
Those who do not reside in the territory of the Czechoslovak Republic are obliged to take measures within three months on their proper representation under the Act on Inventions and Improving Ideas. Until then, the guardian appointed by the Office of Inventions and Improving Ideas shall act for them.
The Patent Office in Prague and the Office for the Protection of Trade Property in Bratislava are hereby repealed. The organisation of their conditions, in particular as regards their responsibilities and their staff, shall be entrusted to the State Office planning in agreement with the Ministry of Finance.
In matters governed by this law, the Office for Inventions and Improving Ideas shall decide, unless otherwise specified.
The provisions governing matters covered by the Act on Inventions and Improving Ideas are repealed. These are in particular:
1. Law No. 30 / 1897 on the protection of inventions, as amended by the laws amending it,
2. Act No. 305 / 1919 Coll., concerning provisional measures for the protection of inventions, as amended by the regulations amending it,
3. Regulation No 158 / 1898 of the Court of First Instance issuing more detailed provisions for the implementation of the Patent Act on the organisation of the Patent Court, the procedure before it and how its decisions and regulations are implemented,
4. Regulation No 189 / 1900 of the Court of First Instance of the European Union concerning appeals and proceedings before the Patent Office,
5. Decree No 156 / 1917 of the Court of Patent Court of First Instance,
6th Government Decree No. 73 / 1923 Coll., on the Organisation of the Patent Office,
7. government decree No. 199 / 1923 Coll., on the protection of inventions at domestic exhibitions,
8. Government Decree No. 69 / 1924 Coll., on the advantages of the persons of the deprived and workers on their wages, in patent matters,
9. Government Order No. 208 / 1924 Coll., on the formalities for patent applications and full powers for representation in patent matters,
10th Government Decree No. 273 / 1924 Coll., on the Rules of Procedure of the Patent Office,
11th Government Decree No. 80 / 1925 Coll., on the Commercial Operation of Inventions,
12th Government Decree No. 6 / 1926 Coll., on the representation of parties in patent matters by patent representatives and officially authorised civil engineering, operated after trade,
13th Government Decree No. 29 / 1933 Coll., on the documents needed to prove a priority right in patent applications,
14. § 44 to 48 of Act No. 131 / 1936 Coll., on State Defence,
15. Government Decree No. 156 / 1936 Coll., on inventions and patents relevant to State defence (2nd Decree implementing the State Defence Act),
16th Government Decree No. 246 / 1939 Coll., on Infully Paid Charges in Patent Matters,
17th Government Decree No. 97 / 1940 Coll., on the amendment of the Patent Act and on Exceptional Measures in the Protection of Inventions,
18th Act No. 16 / 1942 of the Office for the Protection of Trade Property,
19th Act No. 146 / 1942 Coll. z.
20th Government Decree No 37 / 1943 of the Slovak Republic on the organisation of the Office for the Protection of Trade Property,
21. Decree No 38 / 1943 of the Minister for Economic Affairs of the Slovak Republic, which lays down the Rules of Procedure of the Office for the Protection of Trade Property,
22. Act No. 14 / 1944 Coll. of, on Exceptional Measures for the Protection of Business Property, as far as the Act is concerned,
23. regulation of the administration of the President of the State Office of Planning No. 122 / 1950 Coll., on the submission and handling of improvement ideas.
This Act shall take effect on 1 April 1952; It shall be implemented by the Minister-President of the State Office planning it in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Ing. Púčik v. r.
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Regulation Information
| Citation | Act No. 7 / 1952 Coll., on Transitional Measures in the Patent Sector |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.04.1952 |
|---|---|
| Effective from | 01.04.1952 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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