The Czech Republic belongs to the following patent-related treaties:

• Paris Convention
• Patent Cooperation Treaty ("PCT")
• TRIPS
• Strasbourg Agreement on the International Patent Classification ("IPC") system
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
• European Patent Convention ("EPC")
• Other: Agreement on the Visegrad Patent Institute ("VPI"); Agreement between the Visegrad Patent Institute and the International Bureau of the World Intellectual Property Organization in relation to the functioning of the Visegrad Patent Institute as an International Searching Authority and International Preliminary Examining Authority under the Patent Cooperation Treaty.

Inventions protections available in the Czech Republic include:

• Inventions
• Utility models
• Other: Trade secrets

The following subject matter is excluded from patent protection in the Czech Republic:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Other: Inventions the exploitation of which would be contrary to public order or morality; plant or animal varieties or essentially biological processes for the production of plants or animals (it shall not apply to microbiological processes and the products thereof); discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts or playing games; presentations of information.   

Documents and information required for filing a national patent application in the Czech Republic include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Power of Attorney
• Deed of Assignment
• Other: a patent application form in a single copy; at least one patent claim (the extent of protection); a patent application, a copy of the description, patent claims and drawings (if appropriate) shall be signed by the applicant or by the applicant’s representative. If a patent application is submitted by the applicant’s representative, the respective Power of Attorney is supposed to be attached thereto (the original or a certified copy).

Yes, it is possible to request early publication or deferment of publication in the Czech Republic. The Czech Industrial Property Office shall publish a patent application on expiry of a period of 18 months as from the date on which the priority right begins and shall announce the publication in the Official Bulletin. A patent application may, however, be published before the expiry of this time limit at the request submitted by the applicant within 12 months from the date on which the priority right begins and on payment of the respective administrative fee. The Czech Industrial Property Office shall also publish a patent application before the expiry of the above-mentioned period if a patent has already been granted for the invention. Nevertheless, if the applicant does not give the consent, the Czech Industrial Property Office shall not publish the application before the expiry of 12 months from the date on which the priority right begins.

Yes, the applicant has a provisional right upon publication of an application in the Czech Republic. The applicant is entitled to appropriate remuneration from any person who uses the subject matter of the patent application after the patent application has been published. The right to appropriate remuneration may be asserted as from the date on which the patent has an effect (i.e. as from the date of publication of the mention of its grant in the Official Bulletin of the Industrial Property Office).

It is possible to file voluntary amendments in the Czech Republic at the following times:

• At the time of entry into the national phase (for PCT application)
• Other: The applicant may limit the subject matter of the patent application or withdraw the patent application. Any modifications or alterations made to the specification (or to any other part of the patent application) within the course of patent proceedings may not exceed the framework of the original filing.

Yes, it is required to file a request for substantive examination in the Czech Republic. The full (substantive) examination of a patent application shall be carried out by the Czech Industrial Property Office at the request of the applicant or of another person or may be carried out ex officio. The request for full examination shall be filed within 36 months from the filing date of the patent application.

Yes, there is a third-party opposition procedure upon publication or after grant in the Czech Republic.

The time period from application to grant in the Czech Republic is between 3-4 years. 

No, there is no process for accelerated examination of an application in the Czech Republic. 

Yes, it is required to pay an annuity to maintain the validity of a patent in the Czech Republic. 

Yes, late payment of an annuity is permissible in the Czech Republic. If the annuity (the maintenance fee) was not paid within the required period of time, the payer (the patent holder) may pay it additionally within six months from the due date. In this case, however, the payer must pay, together with the due maintenance fee, also the penalty in an amount equal to the due maintenance fee.

Available enforcement methods in the Czech Republic include:

• Civil enforcement
• Administrative enforcement
• Criminal enforcement
• Border measures

None identified.