Term of utility model protection

The validity of utility model protection shall be four years as from the filing date of the application or the filing date of an earlier patent application in respect of the same subject matter.

At the request of the owner of the utility model the Office shall extend the term of validity of the utility model registration for further two three-year periods. Extension of the term of validity of the utility model may be applied for at the earliest during the final year of the validity. If the utility model is registered after expiration of the time limit, the Office shall extend the term of validity of the utility model without a request from the owner of the utility model.

Utility model shall lapse:

• – on expiry of its term of validity;
• – on relinquishment by the owner of the utility model; in such case, protection shall terminate as from the date on which the Office receives a written declaration to such effect by the owner of the utility model.

Cancellation of Utility Model

At the request of any person, the Office shall cancel the registration of a utility model if:

• -the subject matter of the utility model is already protected by a patent with effects on the territory of the Czech Republic or utility model enjoying earlier priority;
• -the subject matter of the utility model extends beyond the content of the application as filed.

The effect of cancellation of the registration of a utility model shall be as if the utility model had not been recorded in the Register. If the grounds for the cancellation only relate to the part of the utility model, the utility model shall be cancelled partially. Cancellation of a utility model may also be carried out even after lapse of the utility model if the person filing the request can prove a legal interest.