* Legal protection of the patentable invention is provided with a patent.

  • Patents are issued for inventions, which are novel, have a level of invention and industrial applicability. Patents are issued to useful models, which are novel have industrial applicability and bear the characteristics of the device category.
  • Novelty. An invention is novel when it is not already part of the state-of-the-art.
  • Inventive step. An invention has an inventive step when it is not obviously inferable from the current state-of-the-art according to Art. 8(1) for the specialist in the respective filed, as of the date of publication or the priority date.


- Industrial applicability. Industrial applicable are inventions which are reproducible and applicable in any industrial or agricultural sector.
       *     Not patentable inventions are:
              -   discoveries, scientific theories and mathematical solutions;
              -   literary and artistic works;
              -   plans, rules and methods for intellectual activity and games or for commercial activities and software;
              -  supply of information.

       *     Inventor. The person who has created an invention or useful model is their inventor. When the invention or the useful model is created by several persons, they are co-inventors.
       *     The filing right belongs to the inventor or to a person authorized by him. When the application right belongs to several persons, they exercise it jointly.

  • Not considered as patentable inventions and useful model are discoveries, scientific theories and ideas; mathematical solutions and formulae; literary and artistic works; plans, rules and methods for intellectual activity and games or for commercial activities; software for electronic calculation machines; supply of information, provided that there is claim for their legal protection.
  • Patents are not issued for: inventions or useful models which publication or use shall disturb the public order or the good moral; substances, obtained through intrarnuclear conversions for military purposes; plant varieties and animal breeds which are subject to the Law on the Protection of New Plant Varieties and Animal Breeds. This rule shall not apply for microbiological methods and the products obtained with them.
  • The validity period of the patent for an invention is 20 years from the filing date, and of the patent of useful model is 10 years from the filing date.

       *      Termination of the patent validity. The patent shall be terminated when:
                -    the validity period expires;
                -    the patent holder gives up the patent – as of the date of filing the application by the patent holder in the Patent Office. If one of the patent co-holders gives up the patent, this shall not terminate the validity of the patent as it remains property to the other patent holders.
                -    not paying the fees for keeping the patent in force
A patent, which has been terminated due to not payment of the annual patent fee, may be restored within a period of six months after the expiry date according to Art. 33(2), after payment of patent restoration fee, as well as double the due fee.

  • The scope of legal protection is determined by the claims, as claims mean not the indexes of the claims, but also their equivalents, meeting the requirements of the law.
  • The patent applications are subject to publication in the official bulletin of the Patent Office immediately after the expiry of the 18 month period from the filing date, respectively from the priority date, as during the period from the publication of the applications until the issuance of the patent is given temporary protection. The issued patent gives a reciprocal activity to this protection, unless it extends it.
  • The accumulated patent fees for maintenance of the issued patent are due within three months after the patent document is received. The annual patent fee is paid not later than the last day of the month when the patent year expires, the beginning of which is the filing date.

Useful models

  • Legal protection of useful models is given with registration in the Patent Office. The registration is regarding third parties as of the date of the publication in the official bulletin of the Patent Office.
  • The useful model is considered novel when it is not already part of the state-of-the-art.
  • The useful model is considered to have inventive step if a person with the usual skills and knowledge is not able to easily reproduce it with the state-of-the-art.
  • The industrial applicability of the useful models is determined according to Art. 10 of Law on patents and registration of useful models





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