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WIPO - PCT Applicant's Guide CZ - 捷克
捷克共和国工业产权局

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    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
    [MT] 本文档中使用的货币列表 :
    CZK (捷克克朗), EUR (欧元)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    细则 20.8(a),
    细则 20.8(a-bis),
    细则 20.8(b),
    细则 20.8(b-bis),
    细则 23bis.2(e),
    细则 26bis.3(j),
    细则 49ter.1(g),
    细则 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.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国:
    捷克
    [MT] 两个字母代码 :
    CZ
    [MT] 办公室名称:
    捷克共和国工业产权局
    [MT] 地点:
    Antonína Čermáka 2a
    160 68 Praha 6
    Czechia
    [MT] 邮寄地址 :
    Same as above
    [MT] 电话:
    Operator service
    (420) 220 383 111
    PCT Department
    (420) 220 383 459
    [MT] 电子邮件:
    posta@upv.gov.cz
    [MT] 网站地图
    [MT] 传真:
    (420) 224 324 718
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    Yes, by facsimile
    [MT] 哪些类型的文件可以通过这种方式传送?
    All kinds of documents
    [MT] 是否在所有情况下都必须提供文件原件?
    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
    [MT] 专利局是否通过电子邮件发送国际申请通知?
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    CZ,
    EP,
    IB
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    National protection: CZ
    European patent: EP
    [MT] 通过PCT 提供的保护类型:
    National:
    Patents,
    Utility models (a utility model may be sought instead of or in addition to a national patent)

    European:
    Patents
    [MT] 办公室接受的付款方式:
    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
    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
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    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.
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 国家保护
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定?
    Yes, refer to Annex L.
    [MT] 欧洲专利申请
    Refer to Annex B(EP)

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    捷克
    [MT] 国际申请可用语言提交:
    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
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    Czech,
    English,
    French,
    German,
    or English and another filing language
    [MT] 请求书可用语言提交:
    English,
    French,
    German
    Number of copies required by the receiving Office if the international application is filed on paper:
    2
    [MT] 接收局是否接受以电子形式提交国际申请?
    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
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    是的
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    [MT] 国际主管查询机关 :
    EP,
    XV
    [MT] 国际初步审查主管机关 :
    EP,
    XV
    Fees payable to the RO:
    [MT] 传输费用 :
    1,500 CZK
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,428 EUR
    [MT] 超过30张的每张费用:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    16 EUR
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    215 EUR
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    322 EUR
    [MT] 搜索费用:
    Refer to
    Annex D(EP)
    Annex D(XV)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    600 CZK
    [MT] 接受局是否要求代理人?
    [MT] 谁可以担任代理人?
    Any patent agent or attorney registered in Czechia
    [MT] 委托书的放弃:
    [MT] 办公室是否已放弃提交单独授权书的要求?
    Refer to the Office
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    Refer to the Office

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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:
    Notifications related thereto may be consulted under:
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记:
    The name of the depositary institution and the accession number at the time of filing (as part of the application)
    [MT] 任何其他说明:
    At the time of filing (as part of the application)
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    To the extent available to the applicant, relevant information on the characteristics of the biological material

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(3): 31 months from the priority date
    Under PCT Article 39(1)(b): 31 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    Yes, the Office permits reinstatement of rights under the “due care” criterion.
    Fee for reestablishment of rights
    1,000 CZK
    [MT] 国际申请必须翻译成以下语言之一:
    Czech
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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)
    [MT] 在特殊情况下是否需要国际申请副本?
    [MT] 局是否根据其国家法律 接受彩色图纸?
    是的
    [MT] 国家费用 :
    Must be paid within the time limit applicable under PCT Article 22 or 39(1).
    [MT] 专利
    [MT] 申请费
    1,200 CZK
    [MT] 实用新型
    [MT] 申请费
    1,000 CZK
    [MT] 免除、减少或退还费用:
    The filing fee is reduced by 50% where the applicant is also the inventor
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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
    [MT] 谁可以担任代理人?
    Any patent agent or attorney registered in Czechia
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?

    [MT] 国家阶段的程序

    [MT] CZ.01 翻译(更正)
    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 NP 6.002 and NP 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.
    [MT] CZ.02 费用(支付方式)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CZ.I.
    [MT] CZ.03 转让声明
    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.
    [MT] CZ.04 优先权的转让
    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.
    [MT] 代理人委托书
    PL Art. 70(1)
    An agent must be appointed by filing a power of attorney. A model is given in Annex CZ.IV.
    [MT] CZ.06 年费
    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.
    [MT] CZ.07 审查请求
    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.
    [MT] CZ.08 请求审查的时限
    PL Art. 33(3)
    Examination must be requested within 36 months from the international filing date.
    [MT] CZ.09 申请书的修改;时限

    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.
    [MT] CZ.10 根据PCT第25条进行复审

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.
    [MT] CZ.11 会议时间限制延误的理由

    Reference is made to paragraphs NP 6.022 to NP 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.
    [MT] CZ.15 实用新型
    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

    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.

    [MT] 附件 1

    [MT] 附件CZ.I - 收费
    [MT] 专利
    [MT] 申请费(申请人同时为发明人时减少50 % )
    1,200 CZK
    [MT] 转让登记费
    600 CZK
    [MT] 申请考试费用:
    [MT] 基本费用
    3,000 CZK
    [MT] 对于每一件超过10件的索赔额外收费
    500 CZK
    [MT] 时限首次延长的费用
    200 CZK
    [MT] 任何进一步延长时限的费用
    500 CZK
    [MT] 请求为未遵守时限作出道歉的费用
    1,000 CZK
    [MT] 发出不超过10页的公函的费用
    1,600 CZK
    [MT] — 每增加一页
    100 CZK
    [MT] 年费:
    [MT] 从第一年到第四年的期间
    per year 1,000 CZK
    [MT] 5年级至8年级
    per year 2,000 CZK
    [MT] 为第9年
    3,000 CZK
    [MT] - 第十年
    4,000 CZK
    [MT] 对于第十一年及其后每一年,与上一年有关的数额增加额外的数额。
    per year 2,000 CZK
    [MT] 实用新型
    [MT] 申请费(申请人同时为发明人时减少50 % )
    1,000 CZK
    [MT] 首次续展费(于申请日4周年月份的最后一天到期)
    6,000 CZK
    [MT] 第二次续展费(于申请日7周年月份的最后一天到期)
    6,000 CZK
    [MT] 如何支付费用?
    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
    [MT] 表格
    The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
    Current version applicable from 2026年1月1日 , printed on 2026年2月15日