Obtaining patent protection

Main information about the service

Obtaining patent means obtaining right.

Patent protection, i.e., granting of a patent, gives its owner the exclusive right to use the invention and to give consent to the use of the invention to other persons. As a rule, consent is granted for a fee in the form of a license.

At the same time, the patent holder has the right to prohibit other persons from using the patent.

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Does this apply to me?

The invention means that you have solved a technical problem that has not yet been solved or has been solved in another way.

The invention means a technical solution that is new and can be reused. Discovery is not an invention.

Any individual or legal entity shall be entitled to submit the application for invention.

Service outcome

Patent certificate, which evidences to the patent holder’s rights to invention.

Service benefit

Protection of the invention by patent in a given territory for up to 20 years.

When to address the service

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You can begin utilising the service any time.

It is important to begin solving before you get the public acquainted with your invention (technical solution), for example at exhibition, social networks, specialized scientific magazine, etc.

Self-publication of the invention would then constitute an obstacle for further proceedings.

How to get the service

get the service in person get the service electronically

What do you need when solving the service electronically

Completed form of an application for invention including description of invention and annexes, filed in a way that allows verification of identity (e.g. by using a data box or by sending an electronically signed document via e-mail).

The application form can also be submitted classically via e-mail (without e-signature). In this case, however, it is necessary to confirm the submission by its subsequent delivery within 5 days of thereof. This can be done using the data box, by sending electronically signed document, but also in person.

Correct description of invention, i.e., basis of invention, constitute necessity for further procedure to grant patent.

Patent lawyer or attorney may help you with specialized preparation of basis (Description of invention and formulation of Patent claims).

Contact may be found in Chamber of Patent Attorneys and in Czech Bar Association.

Where and how to solve the service electronically

The application shall be submitted to the Industrial Property Office. It can be submitted electronically directly via the e-Filing (ePodání) application:

  1. In the e-Filling (ePodání) application please select the form Application for invention
  2. You will be asked to register or log in one time, or to log in via NIA (Národní bod pro identifikaci a autentizaci).
  3. Fill out the application form. You can check whether you filled it out correctly by using the button in the column on the left side of the screen. This column is also used to navigate in the form.
  4. After filling it out, choose one of the three submission options:
    1. Send a message to data box
    2. Signed by electronic signature
    3. Without electronic signature (in this case, however, it is necessary to confirm the submission by its subsequent delivery within 5 days. This can be done using the data box, by sending electronically signed document, but also in person.)

It is also possible to file by data mailbox or e-mail.

e-Government portal

ePodání (e-Filing)

Could be solved via e-identity

Yes

Is the service charged when solving electronically

Yes

The fee for electronically processed service

The fee for accepting the application for invention is CZK 1,200. If the originator(s), i.e. the inventor exclusively (is) are the applicant(s) it is CZK 600.

Fee for receipt of the application for:

  • publication before the statutory deadline is CZK 800,
  • registration of the transfer of the application to another applicant or the transfer of the patent to another owner is CZK 600.
  • substantive examination of the application for invention is CZK 3,000, for 11th and each additional patent claim raised is CZK 500.

The fee for issuing a patent certificate to the extent: ten pages of typescript is CZK 1,600, for each additional page CZK 100.

Fees can be paid in cash at the Office’s cash register, by value stamps (fees up to CZK 5,000 only), transfer from account or money order to account no. 3711- 21526001/0710.

The application for invention number shall be indicated by: PV, four-digit year of submission, dash and serial number (for example: PV 2000-156, 2008-1298). The application for invention number is automatically assigned by the receipt of the application for invention by the Office.

Variable symbol (VS) consists of figure 1 + year (four digits) + application’s serial number.

For PV 2000-156 VS is: 12000156, for PV 2008-1298 VS is: 120081298.

If you do not know the serial number of the application, just enter the number 1 as the VS. In this case, however, the name of the payer’s account must be the same as that of the applicant or representative in order to identify the payment.

What you’ll need to provide

Completed application for invention form and description of the invention.

Correct description of invention, i.e., basis of invention, constitute necessity for further procedure to grant patent.

Patent lawyer or attorney may help you with specialized preparation of basis (Description of invention and formulation of Patent claims).

Contact may be found in Chamber of Patent Attorneys and in Czech Bar Association.

Where to solve the service

The service can be made use of by filing at the office of the Industrial Property Office.

Office hours of the registry are in working days from 9:00 a.m. until 2:00 p.m.

Office’s address:
Industrial Property Office
Antonína Čermáka 2a
160 68 Prague 6 – Bubeneč

Is the service charged when solving in person?

Yes

The fee for in person processed service

The fee for accepting the application for invention is CZK 1,200. If the originator(s) exclusively (is) are the applicant(s), it is CZK 600.

Fee for receipt of the application for:

  • publication before the statutory deadline is CZK 800,
  • registration of the transfer of the application to another applicant or the transfer of the patent to another owner is CZK 600.
  • substantive examination of the application for invention is CZK 3,000, for 11th and each additional patent claim raised is CZK 500.

The fee for issuing a patent certificate to the extent: ten pages of typescript is CZK 1,600, for each additional page CZK 100.

Fees can be paid in cash at the Office’s cash register, by value stamps (fees up to CZK 5,000 only), transfer from account or money order to account no. 3711- 21526001/0710

The application for invention number shall be indicated by: PV, four-digit year of submission, dash and serial number (for example: PV 2000-156, 2008-1298)

Variable symbol (VS) consists of figure 1 + year (four digits) + application’s serial number.

For PV 2000-156 VS is: 12000156, for PV 2008-1298 VS is: 120081298.

If you do not know the serial number of the application, just enter the number 1 as the VS. In this case, however, the name of the payer’s account must be the same as that of the applicant or representative in order to identify the payment.

Responsible Public Authority

Industrial Property Office of the Czech Republic
Antonína Čermáka 1057/2a
Bubeneč
16000 Praha 6

Data mailbox: ix6aa38
E-mail: posta@upv.cz
Web: https://www.upv.cz/

Addresses

Industrial Property Office of the Czech Republic
Antonína Čermáka 1057/2a
Bubeneč
16000 Praha 6

Data mailbox: ix6aa38
E-mail: posta@upv.cz
Web: https://www.upv.cz/

Additional information about the service

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Frequently Asked Questions

Who will advise me and help with the patent application?
Choose representative from Chamber of Patent Attorneys or Czech Bar Association.
Where will patent be valid and for how long?
The patent granted by the Industrial Property Office in Prague applies only in the Czech Republic. The patent is valid for 20 years after the application for invention has been filed. The condition, however, constitutes the payment of yearly maintenance fees.
Will the Office grant a patent for each invention?
No. The applicant must request a full survey, which is linked to the administrative fee. An application for a survey must be submitted within 36 months of the submission of the application. Only then the Office examines whether a patent can be granted for an invention, i.e., whether it fulfils the conditions of patentability. These are novelty of the solution, its industrial utility and inventiveness.

Communication language

Czech, Slovak

Compliance date

09.12.2020