Fees For Patent in the Czech Republic
Fees associated with filing patent applications in the Czech Republic, as well as other patent fees, are available in the fee calculator.
Term for filing a patent application in the Czech Republic
The term for filing a patent application in the Czech Republic claiming conventional priority is 12 months from the priority date. It is impossible to restore this term.
Minimum patent filing requirements in the Czech Republic
To obtain the filing date, a Czech patent application should contain an application form including the applicant’s name and address and the part representing the description of the invention.
Language of patent application in the Czech Republic
Patent applications should be filed in Czech. For conventional applications, it’s impossible to file the Czech patent application in any other language and to submit a translation in due course.
Priority document for application
Priority documents can be submitted after filing the patent application within the term stipulated by the patent office. Translation of the priority document into Czech may be requested by the patent office as well.
Power of Attorney requirements in the Czech Republic
Legalization or notarization of the Power of Attorney is not required. It must be submitted to the Czech industrial property office upon filing or within 2 months from the date of receipt of an invitation to file the POA. A scanned copy of the signed and dated POA is sufficient, but the original may be requested at any stage of the proceedings.
Substantive examination request on the application
The substantive examination must be requested within 36 months from the filing of the patent application in the Czech Republic. Otherwise, the application is deemed to be withdrawn. No extension of this time limit is possible.
Novelty grace period for the Czech Republic patent application
The Novelty grace period for patents in the Czech Republic constitutes six months before the filing date. Disclosure will not be taken into consideration if it occurred at an official or officially recognized international exhibition, or due to an evident abuse in relation to the inventor or his predecessor.
Grant and maintenance fees for application in the Czech Republic
The official fee for granting a patent in the Czech Republic must be paid after issuance of the decision to grant a patent within the term stipulated by the Patent Office (usually one month). The first maintenance fee must be paid within three months of the patent grant. Maintenance fees for a patent relating to the following years must be paid no later than on the day, which the previous annual period expires in.
Representation by a Czech patent attorney
For foreigners, it is necessary to perform the patent prosecution in the Czech Republic through an agent, a registered Czech patent attorney.
Notes
1. Online Search Databases: Czech Patents and Utility Models, European Patents (EPO).
2. Patent protection in the Czech Republic may also be obtained via European Patent and its further validation in the Czech Republic.
3. Inventions may also be protected as Utility Models in the Czech Republic, which are subject to formal examination only, methods and microorganisms are not protectable. The maximum protection period of a utility model in the Czech Republic is ten years from the date of filing (a 4-year basic term, a further extension for two 3-year periods).
If you have any queries related to the Patent Filing in Czech Republic, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.
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