National UTILITY MODELS in the Czech Republic

A utility model protects functional aspects of an invention and, once issued, lasts for 10 years from its filing date. After filing this application, you may want to file a PCT international application to test marketplace interest in your invention. It will give you up to a year of additional “patent pending” status. By doing this, you could benefit from as much as 21 years of combined priority registered utility model/patent pending status.

Novel, commercially usable inventions of lesser inventive merit than patents may be protected for a maximum period of 10 years.

Examination is only for formal requirements, not for novelty and inventive merit; however, a search concerning the prior art is carried out to which the scope of protection claimed may be adapted. If desired, a utility model application may be converted into a patent application prior to publication. Otherwise analogous provisions as to patents and patent applications apply.

Technical solutions which are new, exceed the framework of mere professional skill and are industrially applicable shall be protected as utility models.

The following in particular shall not be deemed technical solutions:

  • – discoveries, scientific theories and mathematical methods;
  • – the mere appearance of products;
  • – schemes, rules and methods for performing mental acts;
  • – computer programs;
  • – the mere presentation of information.

The following shall not be protected as utility models:

  • – technical solutions contrary to public interest, particularly the principles of humanity and public morality;
  • – plant or animal varieties and biological reproductive materials;
  • – production processes or work activities.

A technical solution shall be considered new if it does not form part of the state of the art. For the purposes of national regulations, the state of the art shall be deemed to comprise everything made available to the public prior to the date from which the applicant claimed the right of priority. The state of the art shall not be held to comprise any disclosure of the applicant’s work or that of his predecessor in title, which took place within six months before the filing of the utility model application. A technical solution shall be considered susceptible of industrial application if it can be used repeatedly in economic activities. The right to utility model protection shall belong to the author or his successor in title. The author of utility model shall be the person who created the utility model by means of his own creative work.