Guide for Czech Patent Application Process

Patent Trademark

Czech Republic Profile

The Czech Republic is a landlocked country located in Central Europe, bordering Germany to the west, Austria to the south, Slovakia to the southeast, and Poland to the northeast. Its capital and largest city is Prague, with a population of over 1.2 million. The Czech Republic is a member state of the European Read more

Czech Republic Profile

The Czech Republic is a landlocked country located in Central Europe, bordering Germany to the west, Austria to the south, Slovakia to the southeast, and Poland to the northeast. Its capital and largest city is Prague, with a population of over 1.2 million. The Czech Republic is a member state of the European Union, NATO, the United Nations and its agencies and committees.

Czech Intellectual Property Legal System

  • The Act on Inventions and Rationalized Advice
  • "Utility Model Law"
  • "trademark law"
  • Amendment to the Act on the Protection of Industrial Designs and the Act on Inventions, Designs and Rationalization Proposals, as amended
  • The Act to Protect the Topology of Semiconductor Products
  • Act on Measures Concerning Industrial Property Rights
  • Industrial Property Enforcement Act

International Organization/Agreement

  • Beijing Treaty on Audiovisual Performances
  • Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
  • Nairobi Treaty for the Protection of the Olympic Emblem
  • Patent Law Treaty
  • Singapore Trademark Law Treaty
  • WIPO Performances and Phonograms Treaty
  • WIPO Copyright Treaty
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Trademark Law Treaty
  • Berne Convention for the Protection of Literary and Artistic Works
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • "Convention Establishing the World Intellectual Property Organization"
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration
  • Locarno Agreement Establishing an International Classification for Industrial Designs
  • Madrid Agreement on the International Registration of Marks
  • Madrid Agreement for the Repression of False or Deceptive Indications of Origin of Goods
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Paris Convention for the Protection of Industrial Property
  • Patent Cooperation Treaty (PCT)
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • The Strasbourg Agreement on the International Patent Classification
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Filing Language
Czech

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Czech Intellectual Property Office

English: Industrial Property Office of the Czech Republic, abbreviation: IPO CZ

Website: IPO CZ | Industrial Property Office of the Czech Republic (gov.cz)

Czech invention patent search: RESDB-Searches for patents and utility models (upv.cz)

Filing Language: Czech

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Czech Translation
  3. Viability Statement of Microorganism and Czech Translation
  4. Power of Attorney
  5. Certified Priority Document an Czech Translation
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Czech Translation
  6. Viability Statement of Microorganism and Czech Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority
  9. Assignment for Patent Right Transfer

20 years

  • via Paris Convention: 12 months from earliest priority date.
  • via Nationalization of PCT: 31 months from earliest priority date.

IPO CZ conducts formality examination and substantive examination for invention patent applications. The formality examination conducts including: whether the subject matter is obviously unpatentable subject matter, unity issues and whether it contains defects that prevent the publication of the patent. The applicant/anyone may file a request for substantive examination, no later than 36 months from the filing date/priority.

If it is displayed at an officially held or recognized international exhibition, or is maliciously disclosed by a third party who takes advantage of the relationship with the inventor and its original right holder, it is entitled to a novelty grace period of 6 months before the filing date/priority date.

4-5 years

  • Grant fee: The applicant shall pay the granted official fee within 3 months after receiving the granted notice.
  • Annuity: Annuity should be paid starting the 1st year from the filing date and paid within 3 months after receiving the granted notice. The annual fee for the next year should be paid before the validity period expires. If overdue, annuity can be paid within the grace period of 6 months and no penalty will be incurred.

Restoration of priority will not be accepted.

no

No

Name of Patent Office

Czech Intellectual Property Office

English: Industrial Property Office of the Czech Republic, abbreviation: IPO CZ

Website: IPO CZ | Industrial Property Office of the Czech Republic (gov.cz)

Czech Utility Model Patent Search: RESDB-Searches for patents and utility models (upv.cz)

Filing Language: Czech

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Power of Attorney
  2. Certified Priority Document and Czech Translation
  3. Declaration of Ownership/Certification of Employment/Assignment of priority
  4. Assignment for Patent Right Transfer
  5. Notification issued by CNIPA notify the applicant the application has passed through the security review

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Power of Attorney
  5. Declaration of Ownership/Certification of Employment/Assignment of priority

  6. Assignment for Patent Right Transfer

    *PCT application enters the CZ national phase, which can request invention and utility model at the same time

10 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 31 months from earliest priority date.

IPO CZ conducts formality examination only for utility model patent applications.

If it is displayed at an officially held or recognized international exhibition, or is maliciously disclosed by a third party who takes advantage of the relationship with the inventor and its original right holder, it is entitled to a novelty grace period of 6 months before the filing date/priority date.

  • Grant Fee: The applicant shall pay the granted official fee within 3 months after receiving the granted notice.
  • Annuity: Annuity should be paid starting from the 1st year from the filing date and paid within 3 months after receiving the granted notice. The annual fee for the next year should be paid before the validity period expires. If overdue, it can be paid within the grace period of 6 months, no any penalty will be incurred.

6-12 months.

No

No

No

Name of Patent Office

Czech Intellectual Property Office

English: Industrial Property Office of the Czech Republic, abbreviation: IPO CZ

Website: IPO CZ | Industrial Property Office of the Czech Republic (gov.cz)

Czech industrial design patent search: RESDB-Industrial design search form (upv.cz)

Filing Language: Czech

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document and Czech Translation
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer

It is automatically protected for 5 years from the filing date, and can be renewed 5 times, with a maximum protection period of 25 years.

  • via Paris Convention: 6 months from earliest priority date.
  • via EU Community Design: 6 months from earliest priority date.

IPO CZ conducts formality examination and substantive examination for the design patent application. The substantive examination is automatically started when the design application is filed, and no separate request for substantive examination is needed to be filed by the applicant. IPO CZ only conducts novelty search.

6 months before the filing date/priority date.

  • Grant Fee: None.
  • Annuity: The annual fee should be paid every 5 years, and it needs to be paid within the last year of each 5-year validity period. If overdue, annuity can be paid within a grace period of 6 months, and a 200% penalty must be paid at the same time.

6 months

No

No

Yes. Designs under the same classification may include multiple designs.

发明专利、实用新型及外观设计进入国家申请流程
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