I. Requirements for Czech Republic after EP grant
I.1 Translation requirements
A translation of the patent specification into Czech must be supplied under the conditions provided for in Art. 65(1) EPC.
I.2 Professional representative
Applicants with neither residence nor principal place of business on the territory of the Czech Republic should be represented by a patent attorney or a legal practitioner. It is not strictly required in the case of EU citizens; an address for correspondence in the Czech Republic must be given.
I.3 Period for filing the translation
3 months after the date on which the mention of grant or the decision to maintain the patent as amended is published in the European Patent Bulletin
Extension of the time limit is possible.
The translation must contain:
– the name and address of the patent proprietor
– the EP application and publication number
– number and date of the European Patent Bulletin in which the grant was mentioned
– the title of the invention in Czech.
The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.
The time limit of 3 months for filing the translation of the patent granted may be extended by 3 months, upon payment of a fee. This fee amounts to CZK 3 000.
Art. 35c(3) PA
Part XI, Item 128 (f) LAdmFees
The additional time limit of three months for filing the Czech translation of the patent specification provided for in § 35c(3) PA does not apply if a European patent is maintained in amended form in opposition or limitation proceedings. In the latter case, the proprietor of the patent must submit to the CZ Industrial Property Office the Czech translation of the amended text of the patent specification and pay the publication fee within three months from the mention of this amendment in the European Patent Bulletin. The CZ Industrial Property Office will announce the maintaining of the European patent in amended form in the Bulletin of the CZ Industrial Property Office and will publish the translation of the amended text of the patent specification.
Art. 35f(3) PA
Bulletin of the CZ IPO No. 52/2007
If the Czech translation of the amended text of the European patent specification is not submitted by that time limit, the European patent will be considered in the Czech Republic as null and void from the outset.
Art. 35f(4) PA
Re-establishment of rights under conditions similar to Art. 122 EPC is available.
I.4 Office fee
(a) CZK 2,000 (Art. 35c(2) PA, CZK 3,000 (Art. 35c(3) PA
(b) Within period pursuant to section I.3
II. Double-patenting allowed?
No; to the extent that the national patent protects the same invention with the same right to priority for the same patentee or his successor in title, the national patent ceases to have effect from the date on which
(a) the period for filing the notice of opposition to the European patent expires without such notice being filed, or
(b) the opposition proceedings are finally closed, the European patent having been maintained.
(c) the national patent is granted if such date falls after that provided for in (a) or (b).
Simultaneous protection by utility model is allowed.
Territory of the Czech Republic