Patent registration in the Czech Republic

The Czech Republic is a country with a significant number of patent applications in many fields. The Czech Republic has a strong tradition in the field of information and communication technology, with many successful technology companies and a highly qualified workforce. Potential areas include artificial intelligence, cybersecurity, software development, and mobile technology. The Czech Republic has a long history of engineering and industry, with high expertise in fields such as mechanics, electronics, automotive, and aerospace. Potential areas include automation, robotics, materials technology and renewable energy. The Czech Republic has strengths in research and development in life sciences and biotechnology, especially in the fields of pharmaceuticals, medical devices and agricultural biotechnology. Potential areas include gene therapy, personalized medicine, and gene editing technology. In addition to the above fields, the Czech Republic also has the potential to develop inventions in other fields such as nanotechnology, advanced materials and tourism. With the support of the government and a favorable business environment, the Czech Republic is becoming an important center of innovation and innovation in Europe. Viet An Law would like to guide customers through the preliminary procedures for patent registration in the Czech Republic through the article below.

Legal Basis

• Law No. 527/1990 Coll., of November 27, 1990, on Inventions and Proposals for Rationalization (amended to Law No. 261/2021 Coll.)

Definition of an invention in the Czech Republic

In the Czech Republic, a patent is defined as an exclusive right granted to an invention, which is a new product or process related to an innovative step and has industrial application. The patent owner has the right to prohibit others from making, using, offering for sale, selling or importing the patented invention without permission.

Conditions for registering a patent in the Czech Republic

• Novelty (New): The invention must be new, which means that it has not been publicly published anywhere in the world before the date of filing the patent application.
• Innovation Step (creative progress): The invention must not be obvious to a person with expertise in the technical field, with an existing technical qualification at the time of filing.
• Industrial applicability: The invention must be able to be created or used in any type of industry.

Types of patents that can be registered in the Czech Republic

• Patents (Patents): These are standard patents for new products or processes that are innovative and have industrial applications. The term of protection of a patent is 20 years from the date of filing
• Small patents: Similar to patents but provide shorter and less stringent protection for inventions with a lower level of inventiveness. They are often used for minor improvements or variations of existing products. The industrial design is valid for 10 years from the date of filing

Patent registration dossier in the Czech Republic

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Fees for registering a patent in the Czech Republic

Application Fee:

• Basic filing fee: This fee is paid when filing a patent application. The fee varies depending on whether the applicant is an individual (inventor) or a legal entity.
  • For individuals: 600 CZK
  • For legal entities: 1,200 CZK
• Additional request fee: If the applicant’s application consists of more than 10 pages, the applicant will need to pay an additional fee of 500 CZK per additional request

Appraisal fee:

• Content Examination Fee: This fee is paid to initiate the substantive examination process of the patent application of the applicant. The content appraisal fee is 3,000 CZK

Fees for issuance and announcement:

• Degree Fee: This fee is paid after the patent is granted and includes the issuance of a patent certificate.
  • Degree fee (maximum 10 pages): 1,600 CZK
  • For each additional page: 100 CZK
• Publication fee: If the applicant wants to publish his or her patent before the prescribed deadline, the applicant will need to pay an additional fee. The early publication fee is 800 CZK

Patent registration in the Czech Republic through the PCT system

What is the PCT System?

The PCT system stands for PatentCooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including the Czech Republic.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, the applicant needs to prepare a set of dossiers including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. Applicants can download the PCT application form from WIPO’s website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

Patent registration services in the Czech Republic of Viet An Law Firm

• Perform the search and notify the client in writing of the results of the patent search in the Czech Republic;
• Drafting dossiers and directly filing and monitoring the status of patent application filings in the Czech Republic on behalf of the patent owner;
• Notifying, advising and handling deficiencies/rejections of competent State agencies (if any) in the process of monitoring patent applications in the Czech Republic;
• Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out the procedure in the Czech Republic.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to file an application for patent registration in the Czech Republic, please contact Viet An Law for the most effective support.