European patent prosecution
European patent application
The European patent system is a procedure by which a single patent application my be filed at the European Patent Office under the European Patent Convention (“EPC”) to obtain patents in a number of European countries.
European Patent may be filed through our firm directly to the European Patent Office in Munich or at the Czech Patent Office in Prague. On completion of the central grant procedure the patent has to be validated in the individual designated countries by submitting translations if necessary.
Within nine months as from the grant a European patent may be opposed centrally at the European Patent Office, later only in the individual designated countries. The maximum period of protection is 20 (+5) years; maintenance in the individual countries is realized separately.
A European patent application with effects for the Czech Republic (thereinafter “European patent application”), which has been accorded a date of filing shall have the same effect in the Czech Republic as an invention application filed before national Office on the same date. If the European patent application enjoys a priority right from a date preceding the date of filing the European patent application, the earlier date shall apply for according the effects of the application. If the European patent application was withdrawn or if it is considered to be withdrawn, it shall have the same effects as the termination of the procedure on the invention application under national regulation. If the European patent application was rejected, it shall have the same effects as the rejection of the invention application under national regulation.
The reestablishment of rights by the European Patent Office to the applicant of the European patent application, or to the proprietor of the European patent with effects for the Czech Republic (thereinafter “European patent”) shall also apply in the Czech Republic.
European patent validation – Application extension and validation
European patent – application and filing Czech translation of European patent application claims as published, publication of the European Patent application claims
Office allows filing claim(s) translation before granting, after filing date of European Patent. If the EP application is refused, it is still possible to file a utility model application in the Czech Republic.
If the European patent application has been published by the European Patent Office, the applicant has presented the translation of patent claims to the Czech language and paid the administrative fee for making the translation available under the special rules, the Office makes the translation available to the public and announces this fact in the Bulletin. The applicant can then claim a reasonable compensation, if the patent, granted by the European Patent Office has effects in the Czech Republic.
The content of the European patent application, determined by the wording of the European patent in the language, in which the European patent application has been proceeded before the European Patent Office, shall be decisive for the interpretation of the scope of protection conferred by the European patent application; if the protection conferred by the European patent is larger than the protection conferred by the published European patent application, the protection shall only be granted in the scope, which is conferred both by the published European patent application and the granted European patent. If the translation of patent claims does not comply with the wording of the claims in the language of proceedings, the protection conferred by the European patent application can only be claimed in the scope, which is obvious from its translation to the Czech language.
If the applicant files with the Office the corrected translation of patent claims to the Czech language, the corrected translation shall have effect instead of the original translation since the day of the mention of its publication in the Bulletin; the applicant shall pay the administrative fee for the publication according to special regulativ. The rights of the third persons, which in good faith have used or have made serious and effective preparations for using the subject-matter of the European patent application which according to the translation presented by the applicant was not covered by its scope, are not affected by the delivery of the new translation.
Validation European Patent in the Czech Republic requires translation of the publication of the European Patent and filing in respective Industrial Property Office.
To allow cost reduction and most effective uniform translation, European or International Patent Applications can be extended and validated in the Czech Republic and Slovak Republic by our firm in a single action as well as in this case is issued a single debit note with both Validations Documents and Receipt.
Effects of European patent
The patent granted by the European Patent Office shall have the same effects, as the patent granted in accordance with national regulations.
The European patent shall have the effects in the Czech Republic as from the date, when the grant of the European patent was announced in the European Patent Bulletin; the proprietor of the patent shall be obliged to submit to the Office the translation of the patent specification to the Czech language within 3 months since this date, and to pay the administrative fee for the publication according to special legal regulation. In the same time, the proprietor of the patent shall be obliged to submit to the Office the address in the Czech Republic, where the official notifications concerning his patent are to be sent. The Office shall announce the grant of the European patent in the Bulletin and publish the translation of the European patent specification. If the translation of the European patent specification to the Czech language is not submitted within the period of 3 months, the proprietor of the European patent may submit it in the additional time limit of 3 months, provided that he will pay the administrative fee according to the special regulation. If the translation of the European patent specification to the Czech language is not submitted even within the time limit, the European patent shall be considered in the Czech Republic as null and void from the outset.
After the announcement of the grant of the European patent in the European Patent Bulletin, the Office shall enter the European patent to the Czech Register of European patents with the data recorded in the European Patent Register.
Extent of protection from the European patent
The text of the European patent in the language of the proceedings before the European Patent Office shall be decisive for the determination of the extent of protection conferred by the European patent; nevertheless, if the extent of protection conferred by the translation of the patent specification, submitted to the Office, is narrower than in the language of proceedings, third parties can refer to this translation.
The proprietor of a European patent is entitled to submit to the Office the corrected translation of the European patent specification to the Czech language.
The corrected translation shall have effects instead of the original translation as from the publication of the corrected translation by the Office; the proprietor of the European patent shall pay the fee for the publication according to special regulations. The rights of third persons, which on the territory of the Czech Republic in good faith have used or have realised serious and effective preparations to use the subject-matter, which pursuant to the translation valid in the period before the publication of the corrected translation by the Office was not covered by the extent of this European patent, are not affected by the delivery of the new translation.
Conversion of the European patent application into a national application
The Office shall, at the request of the applicant of the European patent application, filed according to the the European Patent Convention, start the procedure with the application as with respect to the national application.
If the Office receives the request Conversion of the European patent application into a national application, it shall invite the applicant to submit the Czech translation of the European patent application in three copies within a period of three months and to pay the filing fee.
If the applicant has met the conditions and the Office has received the request for conversion of the European patent application within a period of 20 months from the date of priority, the Office shall accord to the national application the right of priority deriving from the European patent application as filed. The National Office shall, at the request of the applicant of the European patent application, proceed the European patent application as the national application of a utility model in accordance with special regulations.
Prohibition of the simultaneous protection
If the national patent is granted to the invention, to which the European patent has been granted with the same right of priority to the same proprietor of the patent or his successor in title, the national patent shall cease to have effect to the extent that it is identical with the European patent, from the date, on which the period for filing the notice of opposition to the European patent expires without such notice being filed, or the date of entry into force of the decision, by which the European patent has been maintained in the opposition proceedings.
The national patent shall not have effects to the extent that it is identical with the European patent, if it was granted after the expiry of the period for filing the notice of opposition to the European patent without such notice being filed, or after the date of entry into force of the decision, by which the European patent has been maintained in the opposition proceedings.
Revocation of the European patent
If the European Patent Office revokes the European patent or maintains it in the amended form, the decision shall have effects in the Czech Republic.
The National Office shall announce in the Bulletin the revocation of the European patent or its maintaining in the amended form. If the European patent is maintained in the amended text in the opposition proceedings by the European Patent Office, its proprietor shall be obliged to submit to the Office the translation of the amended text of the patent specification to the Czech language and to pay the publication feewithin 3 months from the announcement of this amendment in the European Patent Bulletin. In the Bulletin, the Office shall announce the maintaining of the European patent in the amended text and shall publish the translation of the amended text of the patent specification.
If the Czech translation of the amended text of the European patent specification is not submitted by the time limit according to the national regulations, the European patent shall be considered in the Czech Republic as null and void from the outset.
If the time limit laid down by the European Patent Convention for filing the notice of opposition expires without such notice being filed, or if the European patent is not revoked during the opposition proceedings, the European patent can be revoked by the Office; the Office shall suspend the revocation procedure with regard to the European patent, if the opposition procedure concerning the same matter is pending before the European Patent Office. If the European patent was not revoked in the opposition procedure, the Office shall upon request continue in the revocation procedure.
In the revocation proceedings, the text of the European patent in the language of the proceedings shall be authentic.
