REQUIREMENTS OF PATENTABILITY
Patentable inventions are traditionally defined as inventions which are new, which are susceptible of industrial application, and which involve an inventive step.
Further, some objects are specifically excluded from patent protection:
- discoveries, scientific theories and mathematical methods
- aesthetic creations
- schemes, rules and methods for performing mental acts, playing games or business methods, programs for computers
- presentations of information
Novelty is defined as conforming with Article 54 of the European Patent Convention (EPC): „An Invention is considered to be new if it does not form a part of the state of the art, wherein the state of the art comprises of everything made available to the public by means of a written or oral description, by use, or in another way, before the date of the filed patent application.“ Moreover, patent or utility model applications filed before the filing date are also considered comprised in the state of art.
An inventive step of an invention is considered if having regard to the state of the art, the respective solution is not obvious to a person skilled in art.
Besides new products and technologies, also chemical substances, medicines and microorganisms used in industrial production, as well as biotechnological processes and products resulting from them can also be patented. As opposed to these discoveries and/or scientific theories, computer programs, plant or animal varieties and the methods of medical treatment of the human and animal body cannot be patented. New plant varieties and new methods for prevention, diagnosis and treatment of diseases of the human or animal body are a protegeable strength of the special prescriptions.
The basic effect of a patent represents the right for the patentee to prevent anybody from utilizing it without her approval.
PROCEDURE
Every application undergoes preliminary examination in the office to eliminate the applications from the ongoing procedure if they contain matters apparently unpatentable, lacking unity and/or containing defects preventing them from publishing. An applicant is notified of all the deficiencies by an official letter. The office publishes the application and also the note on disclosure in the Gazette after 18 months have expired after the priority date. A system of deferred examination is also valid in the Czech Republic. In compliance with the European patent system, the substantive examination is carried out upon the applicant\\\'s re. This request must be filed within 36 months as from the filing date of the application. The patent is granted by the office only after the substantive examination, if it is found that the invention complies with all requirements on patentability. Administration fees are paid for the acts in the patent procedure. The duration of proceedings from filing the application to granting a patent varies between 1 year to 4 years.
DURATION OF PROTECTION
A patent granted in the Czech Republic is valid for 20 years from the filing date. The patent owner must pay also annuities during the time of patent validity.
APPLICATION
The patent application can be filed by any natural or legal person (corporation), the inventor has to be mentioned in the application. Such an application is to be filed with the Industrial Property Office.
SEARCH
In case the technical solution did not undergo any search efore, it is helpful to provide such a search before applying. This search could be provided by our office.
DISPOSITION
A patent could be the subject of an assignment. It’s use could also be granted by a licence contract. Both an assignment and a licence is effective to the third parties only after recording these facts to the patent register.
SPC
According to the Council Regulation (EEC) No. 1768/92 and the Regulation (EC) No. 1610/96 of the European Parliament and of the Council, it is also possible to request supplementary protection certificates for SPC for substances protected on the territory of the Czech Republic by the valid patent, if they are the active substances of the products. Prior to being placed on the market, the products are subject to registration according to special regulations.
CANCELLATION
The granted patent could be challenged by filing a request for cancellation. A patent is cancelled with retroactive effect from its filing date if its subject matter does not satisfy the requirements of patentability, the description of the invention is broader than the scope supported by the first disclosure. Where the conditions of cancellation are fulfilled only partially, the scope of claims is limited accordingly.
INFRINGEMENT
In case the patent is infringed and an amicable solution of the conflict does not arise, the infringement can be resolved in court. Is it also possible to request an infringement by issuing a preliminary injunction.