Contracting state

Czech Republic

1

Contracting state to the London Agree­ment on the application of Art. 65 EPC?

 

No

2

Translation requirements

 

A translation of the patent specification into Czech must be supplied under the conditions provided for in Art. 65(1) EPC.


§§ 35c(2), 35f(3) PA

3

Must a national professional representative be appointed?

 

Yes

Applicants with neither residence nor principal place of business on the territory of the Czech Republic should be represented by a patent attorney or a legal practitioner. It is not strictly required in the case of EU citizens; an address for correspond­ence in the Czech Republic must be given.


§ 70 PA
Act No. 417/2004 Coll. on Patent Attorneys
Act No. 85/1996 Coll. on the Legal Profession

4

Period for filing the translation

 

3 months after the date on which the mention of grant or the decision to maintain the patent as amended is published in the European Patent Bulletin

Extension of the time limit is possible (see section 9).


§§ 35c(2), (3), 35f(3) PA

5

(a) Special fee payable?

(b) If so, when due?

 

(a) CZK 2 000

(b) Within period pursuant to section 4


§§ 35c(2), (3), 35f(3) PA

6

(a) Must a form be used?

(b) No. of copies to be filed

 

(a) No

(b) 1

7

Manner and form in which the translation is made available to the public

 

Mention of the filing of the translation and of any corrections in the "Věstník Úřadu průmyslového vlastnictví" (Bulletin of the CZ Industrial Property Office)

Inspection in reading room

Copies available


§§ 35c(2), 35f(3) PA

8

Correction of translation

(a) permitted?

(b) Special fee payable?

 

(a) Yes

(b) CZK 100


§ 35d(2) PA

9

Special features

 

The translation must contain:

- the name and address of the patent proprietor

- the EP application and publication number

- number and date of the European Patent Bulletin in which the grant was mentioned

- the title of the invention in Czech.

The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

The time limit of 3 months for filing the translation of the patent granted may be extended by 3 months, upon payment of a fee. This fee amounts to CZK 3 000.

§ 35c(3) PA
Part XI, Item 128 (f) LAdmFees

The additional time limit of three months for filing the Czech translation of the patent specification pro­vided for in § 35c(3) PA does not apply if a European patent is maintained in amended form in opposition or limitation proceedings. In the latter case, the proprietor of the patent must submit to the CZ Industrial Property Office the Czech translation of the amended text of the patent specification and pay the publication fee within three months from the mention of this amendment in the European Patent Bulletin. The CZ Industrial Property Office will announce the maintaining of the European patent in amended form in the Bulletin of the CZ Industrial Property Office and will publish the translation of the amended text of the patent specification.

§ 35f(3) PA
Bulletin of the CZ IPO No. 52/2007

If the Czech translation of the amended text of the European patent specification is not submitted by that time limit, the European patent will be consid­ered in the Czech Republic as null and void from the outset.

§ 35f(4) PA

Re-establishment of rights under conditions similar to Art. 122 EPC is available.


§ 65 PA

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