– Utility Model Act No. 478/1992 of September 24, 1992, as amended by Acts Nos. 116/2000, 173/2002, 501/2004, 221/2006, and 303/2013.
– Act No. 221/2006 Coll. of April 25, 2006 on Enforcement of Industrial Property Rights and on the Amendment of Industrial Property Protection Acts.
Membership in International Conventions
– See under “Patents of Invention“.
Definition: a utility model must be a new technical solution capable to industrial application. Utility models can cover machines, devices and products including chemical compounds and medicinal products, but not methods or processes.
Applicant: the creator or his successor in title.
Exceptions to protection: discoveries, scientific theories and mathematical methods; mere external appearance of products; schemes, rules and methods for performing mental acts; programs for computers; mere presentation of information.
Priority: may be claimed in accordance with the Paris Convention.
Filing requirements for an application (to be sent to resident agent):
1. Power of attorney;
2. A description of the technical solution with, if necessary, drawings;
3. Claims, defining clearly and concisely the subject matter;
4. Priority document (only upon invitation of the Office).
Examination and Protection
Examination: only as to formal requirements.
Unity: an application may relate to one technical solution only or to a groups of solutions which are so linked as to form a single technical idea.
Amendments: are accepted only if they do not extend the scope of the original application.
Publication: after the formal examination. The publication and the registration may be delayed up to fifteen months.
Duration: four years from the filing date.
Extension: twice for periods of three years.
Exchange of a patent into a utility model: possible, but the contrary is not.
Protection: nobody is allowed to manufacture, distribute or use a technical solution protected by a utility model certificate without the consent of its proprietor.
Beginning of protection: the date of registration.
Licenses – assignments: must be registered.
Cancellation: possible before the Office during the whole life as the utility model.
Forfeitures: possible before a court if the proprietor was not entitled to the utility model.
Reexamination of the final decision of the Patent Office: possible before the Municipal Court in Prague. Cassation complaint against the decision of the Municipal Court is possible.