PCT Applicant's Guide Czechia EQE - Valid as from 31 Oct 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

The text of the laws may be obtained on the Internet at: http://upv.gov.cz/

Office: Industrial Property Office of the Czech Republic

PL: Patent Law No. 527/1990 Coll., as amended
Implementing Decree No. 550/1990 Coll., as amended (No. 21/2002 Coll.)

UML: Utility Model Law No. 478/1992 Coll., as amended

Law No. 173/2002 Coll.: Law on Fees for Maintenance of Patents and Supplementary Protection Certificates for Medicaments and Plant Protection Products and on Amendment of Some Acts

Fees: Law No. 634/2004 Coll., on Administrative Fees

List of currencies used in this document:

CZK (Czech koruna), EUR (Euro)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Rule 20.8(a), Rule 20.8(a-bis), Rule 20.8(b), Rule 20.8(b-bis), Rule 23bis.2(e), Rule 26bis.3(j), Rule 49ter.1(g), Rule 49ter.2(h)
Refer to the full list.
PCT Rule 20.8(a-bis), The Offices (in their capacity as receiving Offices) of the States listed in this table have notified the International Bureau (IB) that new PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(a) that remains in effect.
PCT Rule 20.8(b-bis), The Offices (in their capacity as designated Offices) of the States listed in this table have notified the International Bureau (IB) that PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(b) that remains in effect.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Czechia

Two-letter code:

Name of Office:

Industrial Property Office of the Czech Republic

Location:

Antonína Čermáka 2a
160 68 Praha 6
Czechia

Mailing address:

Same as above

Telephone:

Operator service
(420) 220 383 111
PCT Department
(420) 220 383 459

E-mail:

posta@upv.gov.cz

Website:

http://upv.gov.cz

Facsimile:

(420) 224 324 718

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within 14 days from the date of the transmission, if the transmitted document is an international application or a replacement sheet containing corrections or amendments of an international application

No, only upon invitation in the case of other documents

Does the Office send notifications via e-mail in respect of international applications?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

CZ,

EP,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

National protection: CZ

European patent: EP

Types of protection available via the PCT:

National:

Patents,

Utility models (a utility model may be sought instead of or in addition to a national patent)

European:

Patents

Payment methods accepted by the Office:

As RO:
Payment of the transmittal fee and fee for priority document (in CZK) must be effected to:
Account No.
3711-21526001/0710
of the Industrial Property Office at the Czech National Bank in Prague

Address
Czech National Bank
Na Prikope 28
Prague 1
Czechia

Payment of the international filing fee and search fee (in EUR) must be effected by bank transfer.

Account holder´s name
Česká republika – Úřad průmyslového vlastnictví / Czech Republic – Industrial Property Office

Bank name
Czech National Bank, Prague 1, Na příkopě 28, Czech Republic

Bank account No
34534-21526001/0710

IBAN
CZ07 0710 0345 3400 2152 6001

BIC
CNBACZPP

Link on the website:
https://upv.gov.cz/files/uploads/PDF_Dokumenty/vynalezy/prihl_do_zahr/provadeni_plateb_dle_smlouvy_PCT_01012024B.pdf

As DO:
The payment of fees must be effected in Czech koruny. All payments must indicate the application number (national, if already known; international, if the national number is not yet known), the name of the applicant and the category of fee being paid

Payment of annual fees must be effected to:
account No.
80012-21526001/0710
of the Industrial Property Office at the Czech National Bank in Prague, Czechia

Payment of annual fees for European patents must be effected to:
account No.
35-21526001/0710
of the Industrial Property Office at the Czech National Bank in Prague

Payment of other fees must be effected to:
account No.
3711-21526001/0710
of the Industrial Property Office at the Czech National Bank in Prague

Address
Czech National Bank
Na Prikope 28
Prague 1
Czechia

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

Where the designation is made for the purposes of a national patent:

Under Section 11(4) of the Patent Law the applicant is entitled to appropriate remuneration only after publication of the international application in the Czech language.

Where the designation is made for the purposes of a European patent:

(1) International application published in one of the EPO official languages: compensation reasonable in the circumstances, on condition that any national requirements relating to the translation of the claims in the application have been met (refer to Section 35a(4) of the Patent Law).

(2) International application published in a language which is not an EPO official language: the protection referred to in (1) does not become effective until the EPO publishes the international application supplied to it in one of its official languages.

Information of interest if this Contracting State is designated (or elected)

For national protection

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiry of the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Czechia

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (refer to PCT Rule 12.3).

If the language in which the international application is filed is not a language of publication and no translation is required for the purposes of international search (PCT Rule 12.3(a)), the applicant will have to furnish a translation of the application into English (PCT Rule 12.4(a)).

Czech,

English,

French,

German

Language accepted for language-dependent free text in the sequence listing:

Czech,

English,

French,

German,

or English and another filing language

Language in which the request may be filed:

English,

French,

German

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 25 June 2015, pages 101 et seq. and 18 August 2022, pages 226 et seq.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?

Yes, any format

Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?

Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?

Yes

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Competent International Searching Authority:

EP,

Competent International Preliminary Examining Authority:

EP,

Fees payable to the RO:

Transmittal fee:

1,500 CZK

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,381 EUR

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

16 EUR

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

208 EUR

Electronic filing (the request, description, claims and abstract in character coded format):

311 EUR

Search fee:

Refer to
Annex D(EP)
Annex D(XV)

Fee for priority document (PCT Rule 17.1(b)):

600 CZK

Is an agent required by the receiving Office?

Who can act as agent?

Any patent agent or attorney registered in Czechia

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

The name of the depositary institution and the accession number at the time of filing (as part of the application)

— any additional indications:

At the time of filing (as part of the application)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the biological material

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Does the Office permit reinstatement of rights (PCT Rule 49.6)?

Yes, the Office permits reinstatement of rights under the “due care” criterion.

Fee for reestablishment of rights

1,000 CZK

Translation of international application required into (one of) the following language(s):

Czech

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

Does the Office accept color drawings under its national law?

Yes

National fees:

Must be paid within the time limit applicable under PCT Article 22 or 39(1).

Patents

Filing fee

1,200 CZK

Utility models

Filing fee

1,000 CZK

Exemptions, reductions or refunds of fees:

The filing fee is reduced by 50% where the applicant is also the inventor

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Instrument of assignment or transfer where the applicant is not the inventor

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Instrument of assignment of the priority right where the applicants are not identical

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Appointment of an agent if the applicant is not resident in Czechia

Two copies of translation of international application and two copies of drawings for patent

Two copies of translation of international application and two copies of drawings for utility model

Power of attorney in duplicate if the international application is for both a patent and a utility model

Who can act as agent?

Any patent agent or attorney registered in Czechia

Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

The procedure in the national Phase

CZ.01 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003). If the translation furnished to the Office contains only the description, the Office will invite the applicant to furnish the missing parts and will excuse the late furnishing, provided that the scope of the disclosure contained in the translation furnished to the Office is not broadened thereby.

CZ.02 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CZ.I.

CZ.03 DECLARATION OF ASSIGNMENT

PL Art. 29
Where the applicant is not the inventor a declaration of assignment of the right to file the international application must be furnished. For details, refer to the model of such declaration (not an official form) in Annex CZ.II. Legalization is not required. For time limits, refer to the Summary.

CZ.04 ASSIGNMENT OF PRIORITY RIGHT

PL Art. 29
Where the priority of an earlier application is claimed and the applicant(s) in that application is (are) not identical with the applicant(s) of the international application, an assignment of the priority right must be furnished. For details, refer to the model for such assignment (not an official form) in Annex CZ.III. Legalization is not required. For time limits, refer to the Summary.

CZ.05 POWER OF ATTORNEY

PL Art. 70(1)
An agent must be appointed by filing a power of attorney. A model is given in Annex CZ.IV.

CZ.06 ANNUAL FEES

Law No. 173/2002
After a patent has been granted, a fee must be paid for each year following the international filing date. Payment of the annual fees for the years which have expired or begun at the date of granting the patent must be made within three months after the grant of the patent. The annual fees for subsequent years must be paid not later than the last day in which “the patent year” expires. In case of failure to pay a fee within the required time limit it is still possible to make the payment within an additional time limit of six months, in which case, however, the fee is doubled.

CZ.07 REQUEST FOR EXAMINATION

PL Art. 33(1), PL Art. 33(2)
A patent will be granted only after examination as to patentability which may be requested by the applicant or by a third party. There is no special form for the request.

CZ.08 TIME LIMIT FOR REQUESTING EXAMINATION

PL Art. 33(3)
Examination must be requested within 36 months from the international filing date.

CZ.09 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41
The applicant may make amendments to the description, claims and drawings, until the decision granting the patent becomes definitive, provided that the subject matter of the amended application does not exceed the scope of the application as originally filed.

CZ.10 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, a request for rejudgment of that decision may be filed within 30 days from the date of the notification of this decision.

CZ.11 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

CZ.12

PL Art. 65
Time limits fixed by the Office for a certain action may be extended upon request and payment of a fee for extension of time limits (refer to Annex CZ.I). A time limit of more than two months and more than three extensions of a time limit may be given only in special cases.

CZ.13

PL. Art. 65
The Office may excuse a failure to comply with a time limit on legitimate grounds if a party to the procedure so requests within two months of the day on which the reason for failure to comply has ceased to exist, provided that the omitted act has been performed within that period and that the administrative fee in accordance with the relevant statutory provisions has been paid.

CZ.14

PL Art. 65
Failure to comply with a time limit may not be excused after expiry of a period of one year after the end of the period within which the act should have been performed; failure to comply with a time limit for claiming and proving a priority right or for filing a request for examination of the application or a request for continuation of the patent procedure may, likewise, not be excused. Rights acquired by third parties between the date of expiry of the time limit which has not been complied with and the date on which the failure to comply was excused shall not be affected.

CZ.15 UTILITY MODEL

PCT Art. 4.3, PCT Art. 43, PCT Art. 44, PCT Rule 4.12, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5, UML Par. 9
If the applicant wishes to obtain utility model registration in Czechia on the basis of an international application

(i) instead of a patent, or

(ii) in addition to a patent,

subject to what is said in paragraph 19, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

CZ.16

If the international application is for a utility model instead of a patent (refer to the case referred to in paragraph CZ.15) the requirements are basically the same as for patents except that the applicant is not required:

(i) to furnish the translation of the abstract,

(ii) to make a request for examination and

(iii) to pay annual fees.

Instead of annual fees, renewal fees become due for utility models. The due date and amounts are indicated in Annex CZ.I. By payment of the two renewal fees the term of protection may be extended a first time from five to seven years and a second time from eight to ten years.

CZ.17

UML Par. 9
If the international application is for both a utility model and a patent (refer to the case referred to in paragraph CZ.15(ii), the applicant must, within the time limit applicable for the entry into the national phase, comply with the following requirements:

(i) pay two filing fees for both the patent and the utility model,

(ii) furnish the translation into Czech language,

(iii) furnish the translation of international application in three copies for the patent and in two copies for the utility model,

(iv) file the power of attorney in duplicate.

The requirements (i), (iii) and (iv) may still be complied with within a time limit fixed in an invitation by the Office, if not already complied with within the time limit applicable for the entry into the national phase.

CZ.18

PCT Art. 7(2)(ii), PCT Rule 7.2
Where, in either of the cases referred to in paragraph CZ.15, the international application does not contain drawings, the Office will invite the applicant to furnish drawings within a time limit fixed in the invitation.

CZ.19

UML Par. 10
A utility model application concerning the subject matter of an earlier national or international patent application for a national patent for Czechia may claim the filing date of that earlier patent application provided the utility model application is filed not later than the expiration of two months from the date on which the final decision on the patent application is taken or, if no such decision has been taken, before the end of the tenth year from the date, of filing of the patent application. Any priority which is claimed in the earlier patent application will also apply to the subsequent utility model application.

Annexes

Annex CZ.I - Fees

Patents

Filing fee (reduction of 50% where the applicant is also the inventor)

1,200 CZK

Fee for registration of the assignment

600 CZK

Fee for requesting examination:

— basic fee

3,000 CZK

— additional fee for each claim in excess of 10

500 CZK

Fee for the first extension of a time limit

200 CZK

Fee for any further extension of a time limit

500 CZK

Fee for requesting excuse of the failure to comply with a time limit

1,000 CZK

Fee for issue of letters patent not exceeding 10 pages

1,600 CZK

— for each additional page

100 CZK

Annual fees:

— for the period from the 1^st to the 4^th year

per year 1,000 CZK

— for the 5^th to the 8^th year

per year 2,000 CZK

— for the 9^th year

3,000 CZK

— for the 10^th year

4,000 CZK

— for the 11^th and each subsequent year, the amount relating to the preceding year increased by an additional amount of

per year 2,000 CZK

Utility models

Filing fee (reduction of 50% where the applicant is also the inventor)

1,000 CZK

First renewal fee (becomes due on the last day of the month containing the 4^th anniversary of the filing date)

6,000 CZK

Second renewal fee (becomes due on the last day of the month containing the 7^th anniversary of the filing date)

6,000 CZK

How can payment of fees be effected?

The payment of fees must be effected in Czech koruny. All payments must indicate the application number (national, if already known; international, if the national number is not yet known), the name of the applicant and the category of fee being paid

Payment of annual fees must be effected to:
account No. 80012-21526001/0710
of the Industrial Property Office at the Czech National Bank in Prague, Czechia

Payment of annual fees for European patents must be effected to:
account No. 35-21526001/0710
of the Industrial Property Office at the Czech National Bank in Prague

Payment of other fees must be effected to:
account No. 3711-21526001/0710
of the Industrial Property Office at the Czech National Bank in Prague

Address
Czech National Bank
Na Prikope 28
Prague 1
Czechia

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex CZ.II - Declaration of assignment

Annex CZ.III - Assignment of priority right

Annex CZ.IV - Power of attorney

Processing

CZ - Czechia
Industrial Property Office of the Czech Republic

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

CZ - Czechia Industrial Property Office of the Czech Republic

Error Information Warning Confirmation

CZ - Czechia
Industrial Property Office of the Czech Republic