Limitation of effects of a Patent

A patent shall not have effect vis-à-vis a person (hereinafter referred to as “the prior user”) who has already exploited the invention independently of the inventor or proprietor of the patent or who has made preparation therefore, that he can prove, before the priority right began.

– In case of failure to reach agreement, the prior user shall be entitled to request a court that his right to be recognised by the proprietor of the patent.

The rights of the proprietor of the patent shall not be infringed by use of the protected invention:

  • – on board vessels of other States party to the Paris Convention for the Protection of Industrial Property (thereinafter “Paris Convention”) to which the Czech Republic is party, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter in the Czech Republic, provided that such use is exclusively for the needs of the vessel;
  • – in the construction or operation of aircraft or land vehicles of other Union States when those aircraft or land vehicles temporarily or accidentally enter in the Czech Republic; c) in the individual preparation of a medicament in a pharmacy based on a medical prescription including acts concerning the medicament so prepared;
  • – in acts done for non-commercial purposes;
  • – in acts relating to the subject-matter of the invention done for experimental purposes including experiments and tests required under a special regulativ before the drug is put on the market.