Summary

A utility model protects functional aspects of an invention and, once issued, lasts for 10 years from its filing date. After filing this application, you may want to file a PCT international application to test marketplace interest in your invention. It will give you up to a year of additional "patent pending" status. By doing this, you could benefit from as much as 21 years of combined priority registered utility model/patent pending status.

Novel, commercially usable inventions of lesser inventive merit than patents may be protected for a maximum period of 10 years.

Examination is only for formal requirements, not for novelty and inventive merit; however, a search concerning the prior art is carried out to which the scope of protection claimed may be adapted.

Utility Model Act No. 478/1992 revised by No. 116/2000

(in force since October 26, 1992, amended since May 10, 2000)

As utility models may be protected technical solutions, which are new, exceed a mere expert skill and are susceptible to industrial application. In principle, all patentable technical solutions, with the exception of methods or processes and biological reproductive materials, may be protected as utility models. As far as novelty is concerned, a technical solution based on results of work of the applicant or his legal predecessor, which was published not sooner than 6 months before filing of the respective utility model application, shall not belong to the prior art.

An international convention priority shall be recognized, provided it is claimed on the filing day and proved subsequently upon the summons of the Patent Office within a term set by the same form.

An applicant for a patent application in the Czech Republic shall be entitled to file a utility model application relating to the identical subject matter. The utility model application concerning the same subject matter as the patent application, which has been decided upon (rejected), can be accepted within 2 months after the decision has become final. Such utility model application enjoys the priority of the patent application on which it has been based provided the priority is claimed when filing the utility model application.

There is no examination as to patentability. If a utility model application appears to meet the formal requirements, the utility model shall be entered into the register at once. The registration of a utility model shall be announced in the Official Gazette of the Czech Patent Office. The registration could be upon request postponed up to 15 months after filing.

The basic duration of utility model protection shall be 4 years since the day of filing. This period may be prolonged twice by 3 years, the total available duration of protection thus being 10 years.

Anybody could apply for cancellation of the utility model registration at the Patent Office. Such application must be motivated and must be accompanied with respective evidence. If the objections raised in the course of these proceedings are found to be justified, the utility model shall be cancelled and erased from the register.

Requirements

 (Priority claiming application must be filed within 12 months of the earliest priority date).

-          Name and address of the applicant(s) and of the author(s).

-          Specification, claims and abstract in English, German or French.

-          Drawings, incl. drawing pertaining to the abstract, informal drawings are sufficient.

-          Power of Attorney signed by the applicant (no certification or legalization required).

The following additional information/documents may be provided after filing.

-          Author's Declaration and Assignment of the rights (no legalization required) If convention priority is claimed.

-          Priority Document.

-          Copy of the national and/or international Utility Model/Patent Application, as filed.

-          Assignment of Priority Right, if an applicant is not identical with the first applicant (no legalization required).

 Documents and data which could be filed additionally:

1.      translation of the specification, claims and abstract into Czech;

2.      formal drawings;

3.      power of attorney (no legalization necessary);

4.      priority document (if priority is being claimed) and assignment of priority right (if the applicant is not identical with the applicant of the priority application), signed by the applicant of the priority application - both documents to be filed upon an invitation from and within a deadline set during the proceedings by the Patent Office);

5.      identification of the inventor (at the inventor's request, the Patent Office will not publish the inventor's name) and;

6.      Document of the acquisition of the right to the Patent provided the inventor is not an employee of the applicant (Author's Declaration).