Patent Attorney - requirements for obtaining authorisation

1. 5. 2014 | Source: Point of Single Contact (PSC) Czech Republic

This document contains the conditions for issuance of authorisation to perform the activity of patent attorney.

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Conditions of granting the permit

  • full legal capacity
  • a clean record
  • university degree
  • corresponding professional experience (consistent and regular performance of activities in the area of patent rights, at least 3 years in duration)
  • passing of a specialised patent attorney examination
  • taking of the oath

The following is considered an obstacle to the granting of the permit:

  • Disciplinary sanction by deletion from the list or a person who is seen as having been subject to disciplinary measures, deletion from the list due to declaration of bankruptcy on the patent attorney’s assets or the assets of a company of patent attorneys in which he/she is an associate or shareholder, or due to declaration of bankruptcy for a lack of assets, if a period of 5 years has not passed from deletion.

Application requirements

Documents on fulfilment of the foregoing conditions.

Requirements connected to the provision of services by a provider from a different Member State

Reporting obligation for hosting patent attorneys and for foreign organisation forms.

Further information on the licence proceedings

Type of licence

  • Entry into the list

Respective authority

  • Chamber of Patent Attorneys of the Czech Republic

Control and supervisory bodies

  • Chamber of Patent Attorneys of the Czech Republic

Procedure for granting a licence

  • The applicant sits the examination of professional qualification, then sends the application for entry into the list of patent attorneys.

Application clearing deadline

  • The applicant is entered into the list after taking the oath, and sent the certificate of entry within 15 days.

Fees

  • CZK 2,500 per individual examination field, CZK 5,000 for the combined examination. A settle patent attorney pays CZK 2,000 to sit the examination.

Validity period of the licence

  • Period of validity is not determined.

Combined proceedings (recognising qualifications and granting authorisation)

  • The Chamber is authorised to review the professional qualifications and other competences of a hosting foreign patent attorney according to Act No. 18/2004 Coll., on recognition of professional qualifications and other competences of nationals of member states of the European Union and on the amendment of certain laws (Act on recognition of professional qualifications), as amended.

Legal regulation

  • Act No. 417/2004 on Patent Attorneys.

Professional liability insurance

  • Insurance of liability for damages caused by the provision of patent attorney services is required in the scope in which it may reasonably be assumed that the patent attorney could be subject to such liability (the Chamber has stipulated a minimal value of insurance of CZK 1,000,000 for hosting foreign patent attorneys).

Related legal regulations

  • Act No. 18/2004 Coll., on recognition of profession qualifications and other competences of nationals of members states of the European Union and on the amendment of certain laws, as amended.

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