Utility Models

– Utility Model Act No. 517/2007 Coll. of October 19, 2007, in force since January 1, 2008, amended by Law No. 495/2008. Last amendment in force since January 14, 2019.
– Decree No. 1/2008 implementing Utility Model Act No. 517/2007 of December 12, 2007, in force since February 1, 2008.

Membership in International Conventions

– See under “Patents of Invention“.

Filing

Definition: a utility model must be a new technical solution, which exceeds the framework of mere professional skill, susceptible of industrial application. 

Applicant: the creator or his successor in title, or his employer. 

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 according to the Paris Convention.

Filing requirements for an application (to be sent to resident agent):
1. The name of the utility model;
2. The name and address of the applicant;
3. The name and address of the inventor, if not the applicant;
4. The name and address or business name and address of the authorized representative of the applicant;
5. A power of attorney;
6. A description of the technical solution with, if necessary, drawings;
7. Claims, defining clearly and concisely the subject matter;
8. Data for claiming priority (date, number, state);
9. Priority document (only upon invitation of the Office);
10. For divisional applications the number and the date of filing the utility model;
11. For defliction applications the number and the date of filing the patent application;
12. A signature of the applicant or person authorized to act on his behalf.

Protection

Examination: only formal; no examination as to novelty and inventiveness. However, the Patent and Trademark Office shall search for pre-published printed matter and the results of the search will be published together with the application.

Unity: an application may relate to one technical solution only or to a group 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. 

Division: possible. 

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.

Branch off a patent application into a utility model application: possible and vice versa. 

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. 

Assignments – licenses: must be registered.

Cancellation: possible before the Office during the whole life as the utility model.

Appeals: possible before the Patent Office; further judicial review of lawfulness is possible before the District Court in Banská Bystrica. 

Forfeitures: possible before a court if the proprietor was not entitled to the utility model.

Infringement: anyone whose right has been infringed is entitled to demand legal protection and to pursue the remedy of the infringement. Reparation of damages can be claimed. Litigation shall be settled by a specialized IP district court in Banská Bystrica.