Act No. 84 / 1972 Coll.
Law on discoveries, inventions, improvements and industrial designs
Valid
Effective from 01.01.1973
Contents
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
HLAVA PRVNÍ
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
HLAVA DRUHÁ
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
HLAVA TŘETÍ
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
HLAVA ČTVRTÁ
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
§ 104
§ 105
§ 106
§ 107
§ 108
§ 109
§ 110
HLAVA PÁTÁ
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
§ 118
§ 119
§ 120
§ 121
§ 122
§ 124
§ 125
§ 126
§ 127
§ 128
§ 129
§ 130
§ 131
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
§ 139
§ 140
§ 141
HLAVA ŠESTÁ
§ 142
§ 145
§ 146
§ 147
HLAVA SEDMÁ
§ 148
§ 149
§ 150
§ 151
§ 152
§ 153
§ 154
§ 155
§ 156
§ 157
§ 158
§ 159
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84
THE LAW
of 1 November 1972
on discoveries, inventions, improvements and designs
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
INTRODUCTORY PROVISIONS
This law regulates personal and property rights, as well as the obligations of Czechoslovak state citizens, socialist organisations (hereinafter referred to as "organisations') and of the State arising from the creation and social application of discoveries, inventions, improvement proposals and industrial designs and from thematic tasks. Rights and obligations may also be acquired by other entities, unless otherwise provided by law.
(1) The author of the discovery, invention, improvement design or industrial design is the one who made the discovery, the invention, the improvement design or the industrial design, and, in the case of the improvement design, the one who used the solution taken from the technical literature or from the practice of another organisation and adapted it in a creative way to the conditions of the organisation.
(2) The co-authors of the discovery, invention, improvement or industrial design are those involved in joint creative work.
(1) By making a discovery or by creating an invention or an improvement proposal or an industrial design, the author shall have the right to copyright under this Act and the right to register this object for protection and to use it to the extent provided for by this Act and to participate in the development, testing and implementation of his discovery, invention, improvement design and industrial design.
(2) Co-authors of discoveries, inventions, improvement proposals and industrial designs are equally involved in rights and obligations, unless they agree otherwise or unless the court decides otherwise.
Discoveries, inventions and designs shall be registered with the Office for Inventions and Discoveries (hereinafter referred to as "the Office '), improvement proposals for the organisation whose subject matter the application concerns, or with the authority superior to those organisations. The application shall give the applicant the right of priority within the meaning of this Law.
Authors' rights are confirmed by a diploma for discoveries, copyright or patent for invention, an improvement card for improvement design and a certificate or patent for industrial design.
(1) The inventions for which an author's certificate has been granted, the improvements and the designs for which the certificate has been granted are national property.
(3) The Act lays down which organisations are managers of the national assets referred to in paragraph 1 and what rights and obligations they have from the administration. The organisation which is to become the manager of the said national property pursuant to the provisions of this Act shall be entitled and required to take the necessary measures to ensure the use and protection of the invention, improvement or industrial design from the filing of the application; The Office may also authorise another organisation to take such measures.
The right to copyright is not transferable.
(1) Under reciprocal conditions, foreigners have the same rights and obligations as Czechoslovak citizens.
(2) The provisions of the international treaties binding on the Czechoslovak Socialist Republic remain unaffected.
Discoveries
(1) The discovery is the determination of previously unknown, objectively existing phenomena, properties or the laws of the material world, proven by a scientific method.
(2) The discovery is not:
(a) the determination of the properties of new substances and the relationship between these properties, which can normally be derived from the properties of already known similar substances on the basis of known natural laws and the state of the art;
(b) a specification of the values of the quantities examined;
(c) the clarification of known laws;
(d) the finding of geological, geographical, archaeological and paleontological.
Proving the scientific method means experimental proof or, if the nature of the subject of the discovery application does not allow it, at least the execution of theoretical evidence.
The object of the discovery application is still unknown, if it was not published in the Czechoslovak Socialist Republic or abroad before the period from which the applicant's right of priority was due.
(1) The Office grants diplomas for discoveries.
(2) Diplomas are not awarded for discoveries in the field of social sciences.
(1) The award of the diploma is requested by application to the Office of a discovery.
(2) The discovery application is submitted by the author of the discovery or his heir.
The diploma will not be awarded to the subject of the application for the discovery, which is in substance identical to the subject of another application for the discovery, submitted in the Czechoslovak Socialist Republic with a former right of priority.
(1) If the discovery has been made by the author or by one of the co-authors in the performance of his / her duties in relation to, or directly related to, the organisation (hereinafter referred to as "the employment relationship") or with the material support of the organisation, the author is obliged to inform the organisation without delay of the discovery. The organization is obliged to act to submit an application for both the discovery and the application of inventions resulting from this discovery.
(2) The author or co-author shall be obliged to notify the organisation referred to in paragraph 1 of the application for such a discovery. The organisation shall submit its observations on the subject matter of the application to the Office.
(1) The right of priority lies with the applicant since he published the substance of the discovery; If the discovery was made for the first time in the discovery application, the right of priority has been conferred on him since the discovery application was issued to the Office.
(2) If the applicant changes the subject matter of the discovery, he shall be entitled to priority until the application containing the amendment has been submitted to the Office.
(1) The Office shall submit an application to the discovery of whether its subject matter fulfils the conditions laid down for the award of the diploma.
(2) The Office may invite the applicant to complete or modify the application within the time limit set.
(3) If the subject of the application is documented in accordance with the provisions of Section 10, the Office will send an application for assessment by the Czechoslovak Academy of Sciences or the Slovak Academy of Sciences or the Czechoslovak Academy of Agricultural Sciences. If the Czechoslovak Academy of Sciences or the Slovak Academy of Sciences or the Czechoslovak Academy of Agricultural Workshops, the field of activity of which relates to the subject of the discovery application, it shall be assessed by the organisation which has the relevant scientific workstation. This organization then has the same rights and obligations as the Czechoslovak Academy of Sciences or the Slovak Academy of Sciences or the Czechoslovak Academy of Agricultural Sciences when discussing the application.
(4) The Czechoslovak Academy of Sciences or the Slovak Academy of Sciences or the Czechoslovak Academy of Agricultural Sciences will inform the Office of their opinion on the subject of the discovery application. If this opinion is positive, the Office shall, after consulting the author, determine the wording of the definition of the discovery and its title and publish it in cooperation with the Czechoslovak Academy of Sciences or the Slovak Academy of Sciences or the Czechoslovak Academy of Agricultural in the Professional Press and shall announce it in the Bulletin of the Office. Otherwise, he will reject the discovery.
Each person shall have the right, within one year from the date on which it was announced in the Office's Bulletin that the discovery was published in the expert press, to object to the Office's award of the diploma of discovery.
The Office shall grant a diploma for the discovery or application to reject the discovery after the expiry of the period referred to in Paragraph 18.
The diploma is awarded in the name of the author of the discovery.
(1) By awarding a diploma, the subject of the application is recognised as a discovery, it is confirmed by the copyright of the discovery and the right of priority to the discovery; the author of the discovery is entitled to the remuneration and benefits provided for by law.
(2) The Office shall, after consulting the Czechoslovak Academy of Sciences or the Slovak Academy of Sciences or the Czechoslovak Academy of Agricultural Sciences, determine the remuneration for the discovery; the remuneration shall be paid by the Office.
If the Office finds, in addition, that the conditions laid down for the award of the diploma have not been fulfilled in whole or in part, the diploma awarded shall be cancelled in whole or in part. The withdrawal of the diploma shall have retroactive effect from the date on which the diploma became valid.
Organisations whose object of activity relates to the discovery are obliged to ensure, in cooperation with the author, that the discovery is fully, effectively and economically exploited.
Inventions
Basic provisions on inventions
(1) The invention is a solution to a technical problem that is new and means progress in comparison with the world state of technology, showing a new or greater effect.
(2) The invention shall not be the solution to the technical problem referred to in paragraph 1 if the subject matter of the invention application cannot be industrially manufactured or followed by production or operation.
(3) The invention is also not a solution to a technical problem that runs counter to social interests, particularly the principles of humanity and socialist morality.
The subject of the application for the invention is new, if it was not the right of priority from the applicant before, known in the Czechoslovak Socialist Republic or abroad from publicly available sources, in particular:
(a) it has not been described or displayed in published printed matter;
(b) where it has not been publicly used, it has not been exhibited, presented or presented, so clearly and clearly that experts could use it on this basis.
(1) The work of the invention is a summary of technical and economic and, where appropriate, of other results which are of social benefit when used.
(2) The new is an effect which is qualitatively different from that achieved by the existing state of the art in solving the technical problem.
(3) More is the effect that quantitatively exceeds the level of effect achieved by the means of the existing state of the art in solving the same technical problem.
(1) The Office grants copyright or patents for inventions.
(2) In the application for an invention, the applicant may apply to the Office for a copyright or patent.
(3) The application shall state who is the author of the invention.
Only the author's certificate shall be granted for inventions:
(a) created by the author or by one of the co-authors in relation to the organisation or with its material support;
(b) substances resulting from the conversion of nuclear nuclei and technical solutions linked exclusively to the acquisition or use of nuclear energy;
(c) medicines, chemically manufactured substances, consumables and industrial micro-organisms.
The Office shall submit an application for an invention of the survey as to whether its subject matter complies with the conditions laid down for the granting of the copyright or patent.
The author's certificate or patent shall not be granted if the subject of the application for the invention is identical to the subject of another application for the invention lodged in the Czechoslovak Socialist Republic with a former right of priority.
(1) The right of priority has been conferred on the applicant since the application for an invention reached the Office.
(2) The right of priority under an international contract must be exercised by the applicant already in the application for the invention and, within three months, also demonstrate that right.
(3) If the applicant changes the subject matter of the application during the hearing, he shall be entitled to priority until such time as the application containing the amendment is submitted to the Office.
The Office may grant priority (exhibition priority) for objects exhibited at exhibitions organised in the territory of the Czechoslovak Socialist Republic, provided that the subject is registered as an invention at the Office within three months of the end of the exhibition.
At the invitation of the Office, the applicant shall state in which countries he has submitted an application for the same invention, what objections have been raised in those countries and the outcome of the examination of the application.
The Office may invite the applicant to demonstrate the feasibility and the effect achieved by demonstrating the subject matter of the application or any other appropriate technical method; If the applicant fails to prove this without a serious reason, the object applied for shall be deemed not to be feasible or not to have a new or higher effect.
(1) In the course of the examination of the application for an invention, the Office shall publish, after prior notification to the applicant, the description and drawings of the subject matter of the application and shall notify this publication in the Bulletin.
(2) In the case of published applications, anyone may object to the granting of a copyright or patent within three months of the date on which the publication was notified in the Bulletin.
Where the Office requests an organisation whose object of activity falls within the scope of the application for an invention to assess it, it shall be required to express its views free of charge on the effect and economic usability of that article within the time limit laid down in the implementing regulation. At the same time, the organisation shall, according to its possibilities and knowledge, communicate its opinion on the novelty and feasibility of the subject matter of the invention application.
(1) Where the subject matter of an application for an invention fulfils the conditions laid down, the Office shall issue an authorial certificate or patent and notify the award in the Bulletin.
(2) If the conditions laid down are not met, the Office will reject the application.
(1) An invention which is dependent on another previously registered invention (the basic invention) which has been awarded an author's certificate or patent shall be awarded an dependent copyright certificate or a dependent patent, provided that its use necessarily implies the use of the basic invention.
(2) If the copyright certificate or patent which has been awarded for the basic invention or if the patent ceases to exist, the copyright certificate or patent shall become autonomous.
(3) If the dependence of the copyright or patent has not been marked, the author or administrator of the basic invention or the holder of the patent may request it.
(1) The Office shall revoke the copyright or patent in whole or in part if it finds that the conditions for granting it have not been fulfilled.
(2) The revocation shall have retroactive effect from the date on which the copyright or patent became valid.
The invention is used by the person who produces or uses the article in his economic activity or carries on manufacturing or operating or trading the object of the invention.
(1) The author's certificate or patent does not oppose the person who used the invention independently of the author or holder of the patent before filing the application, or carried out verifiable measures.
(2) If the author or holder of the patent is responsible for the right of priority under the provisions of an international agreement, the period of priority shall be decisive for the establishment of the right of the previous user.
(3) The previous user may require the author of the invention or the patent of his owner to recognise his or her right after the copyright is granted.
Copyright or patent rights are not infringed if the protected invention is used:
(a) on ships of other countries which are members of international conventions by which the Czechoslovak Socialist Republic is bound (hereinafter referred to as the "Union country"), in ships, in machinery, in marine gear, in equipment and in other accessories, when these ships arrive for a period of time or at random in the Czechoslovak Socialist Republic, provided that these items are used only for ship's use;
(b) in the construction or operation of aircraft or vehicles of other Union countries or in the case of components of such aircraft or vehicles, if they reach the Czechoslovak Socialist Republic temporarily or accidentally.
(1) At the request of the person certifying the legal interest, the Office shall determine whether the solution to the technical problem described in the application falls within the scope of a particular copyright or patent.
(2) The courts and other national authorities and organisations are bound by a designation issued by the Office. The courts cannot even address this determination as a question for a preliminary ruling.
(1) The Office shall overwrite the application for an invention or an author's certificate or patent to the person who proves to be the author (co-author) of the invention.
(2) If an action on the copyright of an invention has been initiated, or if a person other than the author mentioned in the application is seeking an invention, the Office shall continue the application procedure, but shall not give its decision until a final judgment has been delivered by the court.
(1) Inventions made in the Czechoslovak Socialist Republic and inventions made by Czechoslovak state citizens residing abroad may only be registered abroad after their registration in the Czechoslovak Socialist Republic and only with the approval of the Office, unless the Office authorises an exemption or otherwise provided for by an international treaty.
(2) The approval of the Office should also be withdrawn from the application for an invention filed abroad and to refrain from maintaining a patent granted abroad.
Authorised certificate
(1) The author's certificate recognises the subject matter of the application for invention, confirms the copyright and the right of priority to invention, and attaches itself to the mutual compliance of the law of the State and the author of the invention.
(2) The author of the invention is entitled to the right to remuneration for use, the right to participate in the elaboration, testing and implementation of the invention and other advantages provided for by the law.
(3) Copyright rights are valid from the date of filing of the patent application and are not limited in time; in the case of Article 31 (3), as from the date on which the submission, containing a change in the substance of the subject-matter of the application for an invention, took place at the Office.
(1) The application for an invention with an application for a copyright certificate may be submitted by the author or his heir; the application for an invention with an application for a copyright certificate and an author's certificate shall be exempt by the Minister of Finance of the Czechoslovak Socialist Republic from administrative fees within the meaning of Act No. 105 / 1951 Coll., on administrative fees.
(2) The author who created the invention in relation to the organisation or with its material support is obliged to inform the organisation without delay. Organisations are required to continuously monitor inventions so created.
(3) The organisation referred to in paragraph 2 shall submit an application on behalf of the author if the author has not submitted the invention within a period of two months from the date on which he has notified the organisation of the creation of the invention or when the organisation itself has detected it.
(4) The author's certificate of invention is given in the name of the author.
In the case of an application made under the conditions of § 28 (a), the competent organisation of the Office shall submit a report on the results of the preliminary examination of the novelty, an evaluation of the feasibility, effect and economic usefulness of the subject of the application.
(1) An organisation with which the author is employed must, at the author's request, cooperate without charge in drawing up and filing an application for his invention and ensure that he is represented in an application for an invention which falls within the scope of his activity and in which a copyright certificate is requested.
(2) Assistance to the extent referred to in the preceding paragraph shall be provided by the organisation and by the author who is not an organisation in employment except where it is apparent that it is not an invention beneficial to the national economy.
(1) The inventions created by the author or by one of the co-authors in employment to or under the physical support of the state organisation are managed by that organisation. The inventions created by the author or by one of the co-authors in employment with a cooperative, social or other socialist organisation, or under its physical support, shall be managed by the Office, which may delegate all or some of the rights or obligations arising from the administration to such organisations; The Office may also, after consulting the State Organisation and the competent central authority, transfer the management of such inventions to that Organisation.
(2) The other inventions for which an author's certificate has been issued are managed by a state organisation whose subject matter is the subject of the invention and designated by the administrator of the Office on a proposal from the competent central authority.
The State organisation which manages the invention shall take care of and deal with the planned use of the invention in accordance with the interests of the State and the national economy; in particular, it is obliged to extend the invention, in cooperation with the author to ensure that it is protected and that the author's legitimate interests are protected.
Patent
The patent application shall be entitled to be submitted by the author of the invention, his heir or by the person to whom the right has been transferred.
(1) The patent is granted to the applicant for the invention or his legal successor (patent holder); the name of the author shall be indicated in the patent instrument.
(2) The patent recognises the subject matter of the application as an invention, it confirms the copyright and right of priority to the invention.
(3) The patent owner's consent is required to use the patent-protected invention.
(5) The patent rights shall be valid for 15 years from the date of filing the patent application, in the case of the provisions of Paragraph 31 (3), from the date on which the filing, including the change in the substance of the patent application, occurred to the Office.
(1) The holder of the patent is entitled to:
(a) give consent to or transfer the patent to the organisation to exploit the invention (licence);
b) give consent to or transfer the patent to a foreign entity for the use of the invention (licence). *)
(2) The patent licences and the transfer of the patent require written form and become effective by registration in the patent register for inventions.
(1) The Office may, at the request of the organisation, authorise a compulsory licence if the holder of the patent has not used the invention at all or has made insufficient use of it and no agreement has been reached between the organisation and the holder of the patent to grant the licence. This compulsory licence may not be authorised if it has not yet been four years since the filing of the patent application or three years since the grant of the patent, the deadline which shall expire at a later date. The compulsory licence shall also not be authorised if the holder of the patent justifies his inactivity for proper reasons.
(2) The Office may, at the request of the organisation, authorise a compulsory licence before the expiry of the period referred to in paragraph 1, provided that the invention is of particular importance to the State, in particular defence, and no agreement has been reached between the organisation and the holder of the patent.
(3) If there is no agreement between the organisation and the holder of the patent on the amount of the payment for the compulsory licence, the court shall decide upon the application of the patent owner.
(1) The applicant shall have the right to amend the application for the patent in the course of the application for an application for a copyright certificate.
(2) The Office will, at the request of the holder of the patent, amend the patent in the first seven years of validity, the patent granted for the copyright certificate.
(3) The provisions of paragraph 2 may not be applied if the holder of the patent has already granted a licence to exploit the invention, unless the Office has authorised an exemption. The Office may grant an exemption only if the rights conferred by the licence are not affected.
The patent shall cease:
(a) the expiry date;
(b) if its owner renounces it; in this case, the patent shall cease to exist on the date on which the written declaration by the holder of the patent is made to the Office;
(c) if an administrative fee is not paid in due time.
Improving proposals
(1) The improvement proposal is a concrete solution to the technical, technical or organisational economic problem of an organisation that is new in this organisation and whose use benefits society.
(2) However, an improvement proposal is not a solution to the problem if the author has not exceeded the task of drafting it, resulting in particular from his description of the work, the work order or the conditions and indicators set out in the assignment; However, this does not apply to cases where the author has solved the thematic task.
(1) The application is new in the organisation if, before filing the application:
(a) demonstrable preparations have not been made which are directly aimed at using a solution identical to the subject of the improvement proposal application;
Contents
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
HLAVA PRVNÍ
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
HLAVA DRUHÁ
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
HLAVA TŘETÍ
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
HLAVA ČTVRTÁ
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
§ 104
§ 105
§ 106
§ 107
§ 108
§ 109
§ 110
HLAVA PÁTÁ
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
§ 118
§ 119
§ 120
§ 121
§ 122
§ 124
§ 125
§ 126
§ 127
§ 128
§ 129
§ 130
§ 131
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
§ 139
§ 140
§ 141
HLAVA ŠESTÁ
§ 142
§ 145
§ 146
§ 147
HLAVA SEDMÁ
§ 148
§ 149
§ 150
§ 151
§ 152
§ 153
§ 154
§ 155
§ 156
§ 157
§ 158
§ 159
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Regulation Information
| Citation | Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.11.1972 |
|---|---|
| Effective from | 01.01.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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