ORGANIZACIÓN MUNDIAL IP/N/1/CZE/1/2 
29 de abril de 1996 
DEL COMERCIO 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio (96-1625) 
Original: inglés 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
República Checa 
En el presente documento se reproducen1 las leyes y reglamentos siguientes, notificados por 
la República Checa en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/ 1/CZE/ 1): 
Decreto de la Oficina Federal de Invenciones de procedimiento 
en materia de invenciones y dibujos industriales, Nº 550, 
de 11 de diciembre de 1990 
Ley de Agentes de Patentes, Nº 237, de 17 de mayo de 1991 
1En inglés solamente. 2 
22 IP/N/1/CZE/I/2 
Page 2 
Decree of the Federal Office for Inventions 
on the Procedure in Matters of Inventions and 
Industrial Designs 
(No. 550 of December 11, 1990) 
The Federal Office for Inventions in agreement with participating 
central authorities -in accordance with Section 88, Paragraph I of 
Law No. 527/1990 ColI. of Laws on Inventions, Industrial designs and 
Rationalization proposals (hereinafter referred to as "the Law") -
stipulates the following: 
P~..RT ONE 
PROCEDURE ON INVENTIONS 
C h apt e r One 
Application for an Invention 
Section 1 
~he application shall be filed in writing wi~h t~e Fede~a1 Office 
for Inventions (hereinafter referred to as "the Office") in the Czech or 
Slovak language. 
Section 2 
(1) The application for an invention shall contain a request for 
grant a patent in two copies, a description of the invention, also 
drawings thereof, at least one patent claim and an abstract in original 
and two copies and necessary appendices. The original shall enable 
high-grade ccpyi~g or printing. IP/N/1/CZE/I/2 
Page 3 
(2) If the applicant is not the inventor himsel:, or if he has 
no right to a patent according to provisions of Section 9 of the ~aw 
a document on acquisition of the right to the patent shall be attac~ed 
to the application for an invention. 
Request for Grant of a Patent 
Section 3 
(1) The request for grant a patent shall contain the following: 
(a) the surname, first name, address and nationality of the applicant; 
if the applicant is a legal person, its name and headquarters; 
(b) the surname, first name, adcress and nationality of the inventor, 
if the is not the applicant; 
(c) the surname, first name and domicile of a representative, if the 
applicant is represented; if the applicant is represented by a legal 
person, its name and headquarters shall be given; 
(d) the title of the invention; 
(e) an expression of the will of the applicant that he is requesting the 
grant of a patent; 
(f) the signature of the applicant or his representative. 
(2) The execution of the request for the grant of a patent shall 
~orrespond to the specified standard. 
Section 4 
(1) If the applicant is claiming the priority right under the 
international treaty according to Section 27 of the Law, he shall state 
in the request the date of filing of the application :rom which he is 
deriving the priority right, its number and state in which this appli-
cation was filed or the authcrity wi~h which the appl~caticn Nas :iled 
under the international treaty_ IP/N/1/CZE/I/2 
Page 4 
(2) If the applicant is claiming several priority ~ights, he shall 
state, at the same time to which patent claim the priori~y right appertains. 
Section 5 
When several co-applicant are filing a request for the grant of 
a patent and they do not have a joint representative, they shall stipulate 
in the request to which of them information and decisions of the Office 
shall be sent. 
Description of the Invention 
Section 6 
(1) The description of the invention shall contain the :ollowi~g: 
(a) the title of the invention; 
(b) the technical field which the invention concerns, 
(c) the characteristics of the existing state of the art; 
(d) a disclosure of the nature of the invention and its advantages or, 
possibly, disadvantages as against the existing state of the art; 
(e) a clarification of drawi~gs, i: at~ached; 
(f) examples of performance the invention; 
(g) methods of industrial application of the invention. 
(2) One of the copies of the description of the invention shall 
be signed by the applicant or his representative. 
(3) The execution of the description of the invention shall corres­
pond to the specified standard. Section 7 IP/N/lICZE/I/2 
Page 5 
Special Requirements Placed on the Description 
of Production Micro-Organisms Invention 
(1) When the subject matter of an invention is an industrial micro­
organism for the purposes of production or some other biotechnological 
product, or the method of its production or use, its morphological and 
physiolog~cal characteristics shall be-delimited, its deposit number in 
a public collection listed, and proof presented in the form of a repro­
ducible example that it is obtained artificially. 
(2) On invitation of the Office the applicant shall be obliged 
to attest to the fulfilment of obligations according to Section 26, 
paragraph 2 of the Law •. 
Section 8 
Patent Clai..'lls 
(1) Patent claims shall define the subject matter for which pro­
tection is requested. They shall be clear, concise and be supported by 
the description. One of the copies of the patent claims hall be signed 
by the applicant or his representative. 
(2) Execution of the patent claL~s shall correspond to the speci-
fied standard. 
Section 9 
Drawings 
The nature of the invention shall, if necessarsy, be illustrated 
by a schematic diagram of the principle and all characteristics on which 
the invention is based. Execution of the drawing shall correspond to the 
specified standard; one of the copies of the drawing shall be signed by 
t~e applicant or his representative. IP/N/lICZE/I/2 
Page 6 
Section 10 
Abstract 
(1) The abstract serves exclusively for technical information 
purposes. 
(2) The abstract shall contain the title of the invention and 
a brief summary of what is presented in the description, patent claims 
and drawings. 
(3) The execution of the abst'ract shall correspond to the speci-
fied standard. The abstract may be modified e x officio 
C h apt e r Two 
Procedure on the Application for an Invention 
Section 11 
(1) The Office shall mark the application for an invention with 
the date of its filing, assign it a reference number and iss~e ~he appli-
cant a certi=icate of the filing of the aplication for an invention. 
(2) The application for an invention shall be deemed to be filed 
if it contains t~e indication of the applicant, an expression of his 
will to have a paumt granted, a section obviously presenting a description 
of the invention and a patent claim. 
Section 12 
The Office shall record the filed application for an invention in 
the ~egister of Applications for Inventions. T~e following shall be re­
corded in the Register of Applications for Inventions: 
(a) the reference number of the application; 
(b) the classification of the invention according to the International 
Pate~t Classification; 
(c) the =~ling date ef the application; 
(d) the surname, first name and address of the inventor; 
(e) the ~ndication of the applicant and his representative, if he is 
50 ~epre5ented; (f) the title of the invention; IP/N/lICZE/II2 
Page 7 
(g) info~ation on claimed priority right under the ir.~er~ational treaty, 
if this applies; 
(h) the name of the Officer examiner to whom the application was assigned 
for processing; 
(i) an offer of licence; 
(j) Info~ation on the individual filings in matters and acts of the 
Office. 
Section 13 
Excluded Applications for an Invention 
(1) If the Office ascertains that the application for an invention 
does not comply with the requirements of Section 26 (1) of the Law, it 
shall invite the applicant to remedy this defect within a set time limit. 
Excluded applications for an invention possess the priority right of the 
original application if the applicant files them within 3 months after 
remedying the defect from the original application. The applicant may 
also divide the application for an invention up to the date of grant ~f 
patent, i~ his own initiative. 
(2) If the application is excluded or divided after initiation of 
the full ex~~ination in accordance with Section 33 of t~e Law, the ex­
cluded application shall be deemed to be an application for which a re­
quest was filed for full examination. 
(3) In the case of an excluded application, the applicant shall 
be obliged to pay a~inistrative fees corresponding to the state of pro­
cedure on the original application at the time of its exclusion. 
Section 14 
A~uissible Changes in the Application for 
an Inve:1tion 
Modifications and changes made in t~e application :or an invention 
curing the course of patent procedure shall not exceed ~he framework of 
~he origi~al filing. IP/N/lICZE/I/2 
Page 8 
Section 15 
Full Examination 
(I) If the full examination of the application for an inven~ion was 
initiated at the request of a person other than the applicant, or if it 
was initiated e x off i c i 0 , the Office shall inform the applicant 
of this fact. 
(2) If several persons independently of each other request a full 
examination of the application for an invention the Office shall initiate 
the full examination on the basis of the request which arrived first. 
The Office shall inform persons who filed such requests later of this fact. 
Section 16 
Patent Register 
(1) The Office shall record invention for which a patent has been 
granted in the Patent Register. 
(2) The following data of each invention shall be recorded in the 
Patent Register: 
(a) number of the patent; 
(b) the date of grant the patent; 
(c) the date of p~blication of grant the patent in the Vestnik Federalni­
ho u=adu pro vynalezy (Official Bulletin of the Federal Office fer 
Inventions -hereinafter referred to as "the Bulletin") ; 
(d) the title of the invention 
(e) the date of filing of the application for an invention and its refe­
rence number; 
(f) the date of publication of the application for an invention 
(g) i~=o~ation on priority right under the international treaty, 
if this applies; 
(h) the owner of the patent, his address or t~e address ef his repre-
sentative; 
(~) classification of the i~vention ac=ording to t~e :n~erna~icnal ?a-
tent Classification; 
(j) the surname, first name and address of the i~ventor; 
(k) assignment of the pater.t; 
( 1) license; (rn) offer of license; 
(n) compulsory license; 
(0) the right of a prior user; 
(p) annulment or partial annulment of the patent; 
(r) payment of administrative fees for te patent; 
(s) lapse of the patent; 
(t) other decisive data. 
Section li 
Registration of Licens'e IP/N/1/CZE/I/2 
Page 9 
(1) A request for recording a license contract in the Patent Register 
shall be filed with the Office in" writing. 
(2) The request shall be accompanied by two copies of the license 
contract from which shall be clear the indications of the invention for 
which the license is being given the acquirer of the license rights and 
the extent of granted rights. 
C h apt e r T h r e e 
Procedure on International Application for 
an Invention 
Section 18 
International applications for inventions (hereinafter referred to 
as "International Applications") in accordace 'wi th Section 24 (2), of 
the Law shall be filed with the Office in three copies i~ English or 
German or French or Russian, in dependence on the prescribed language 
of the international searching authority. IP/N/lICZE/I/2 
Page 10 
Section 19 
(1) The applicant of an International Application by which gr~~t of 
a patent in the Czech and Slovak Federal Republic is sought ~~der the in­
ternational treaty shall be obliged to submit to the Office -if it is 
Designated Office ~ three copies of a Czech or Slovak translation of the 
application and pay the respective fees according to special regulations 
within a time limit of 21 months from the rise of the priority right. 
If the Office is the Elected Office, the applicant shall submit ~~ree 
copies of a Czech or Slovak translation of the application and pay ~~e 
respective fees according to special regulations within a time limit of 
30 months as from the rise of the priority right. 
(2) If the applicant fulfils the condition stated in paragraph (1), 
~~e Office may, upon a request of theapplicant, initiate procedure on ~~e 
International Application even before ~~e time limits stated in paragraph 
(1) • 
C h apt e r F 0 u r 
Declaratory Judgement Procedure, 
Patent Annulment Procedure, Compulsory Licen~e Procedure and 
Procedure for Transformation an Inventor's Certificate to a Patent 
Section 20 
Declaratory Judgement Procedure 
(1) A request for dete~ning whether a given subject matter falls 
or does~not fall within the scope of a given patent shall be filed with 
t..'1e Office··· in writing in two cop~es_ 
(2) The request shall contain a prove of the legal interest in a 
declaratory judgement, the necessary data and attached documents necessary 
fer issuing a declaratory judgement. The documents shall be submitted in 
four copies. IP/N/1/CZE/I/2 
Page 11 
(3) The Office shall invite the parties of the procedure to sumbi~ 
observations to the request and, if necessary, to submit necessary docu­
ments. If they do not submit observations within the set time limit, this 
shall not prevent taking a decision on the request. 
Section 21 
Patent Annulment Procedure 
(1) A proposal for annulment of a patent shall be submitted to 
the Office in writing in two copies. 
(2) The proposal shall be justified in a matter-of-fact way and 
at the same time material proof shall be substantiated or offered. 
(3) The Office shall iITtite.the owner of the patent to submit 
observations to the proposal; if the fails to do so within the set 
time limit this shall not prevent taking a decision on the proposal. 
Section 22 
Compulsory License Procedure 
(1) A request for granting a compulsory license shall be filed 
with the Office in two copies. 
(2) The request shall be justified in a matter-oi-fact way and 
shall be substantiated. 
(3) In this decision on grant a compulsory license, the Oifice 
shall specify the extent of the license. IP/N/lICZE/I/2 
Page 12 
Section 23 
Procedure for Transformation of an I~ve~~or s 
Certificate into a Patent 
(1) The inventor defined by provisions of Section 81 (4) of t~e Law 
shall file his request for transformation of a valid inventor-s certificate 
into a patent with the Office in two copies. 
(2) If the invention specified in paragraph (1) was made by the joint 
creative effort of several co-inventors, they shall file a joint application 
for transformation of the inventor-s certificate into a patent. If the co­
inventors do not have a joint representative, they shall specify the n~e 
and address of that co-inventor to whom decisions of the Office are to be 
forwarded. 
(3) The request for transformation of the inventor-s certificate into 
a patent shall contain the title of the invention, the number of the inven­
tor~s certificate and date of its grant and the name of the organisation which 
belongs the right to dispose the invention or which has been obtained by such 
a right. 
(4) The Office shall publish the request for transformation of the in­
ventor-s certificate into a patent in the Bulletin. Anybody may file an 
objection to transformation of the inventor-s certificate into a patent 
within 3 months from the date of publication of the request for transfo~a­
tion of the inventor-s certificate into a patent. Failure to comply wit~ 
this time limit cannot be excused. 
(5) The Office shall publish its decision on transformation of the in­
ventor~s certificate into a patent in the Bulletin. 
(6) The patent granted on the basis of a request for transfo~ation 
of an inventor-s certificate into a patent shall be valid for a period of 
15 years from the date of filing the application for an invention; patent 
rights granted on the basis of t~e request for transfo~ation of an inven­
tor-s certificate into a patent co~~ence on the day of ~ublica~ion of t~e 
request for transformation of t~e :nventcr's certificate into a ~atent ~ .. 
t~e Bulletin. PAR T TWO 
PROCEDURE ON INDUSTRIAL DESIGN 
C h apt e r 0 n e 
Industrial Design Application 
Section 24 IP/N/1/CZE/I/2 
Page 13 
(1) The application for an industrial design shall be filed in 
writing with the Office executed in ~~e Czech or Slovak language. 
(2) A multiple application for an industrial design may, at most, 
include twenty solutions of the appearance of products of the same type 
or a set of products intended for joint use, belonging into the same 
product class. 
Section 25 
(1) The application for an industrial design shall contain a re­
quest for recording the industrial design in the register, an original 
illustration and four copies of the industrial design or five copies 
of its description. 
(2) In the case of a multiple application for an industrial design 
the illustration of the industrial design or its desc~iption shall be 
submitted for each appearance. Each appearance shall be numbered in Ara­
bic numerals. 
(3) Attached to a multiple application for an indust~ial design 
shall be a list of products contained in the application. 
(4) In the event that the applicant is not the creator of the 
industrial design or is not entitled to file an application for an in­
dustr~al design according to the stipulation in Section 44 ef the Law, 
the application shall include a doc~~ent on the applicant~s ~ight to 
file the application for an industrial desing. IP/N/1/CZE/I/2 
Page 14 
Request for Recording an Industrial Design i~ the Register 
Section 26 
The request for recording an industrial design shall contain t~e 
following: 
(a) the surname, first name, address and nationality of the applicant; 
if the applicant is a legal person, its name and headquarters; 
Cb) the surname, first name, address and nationality of the creator of 
the industrial design in the even that he is not the applicant for 
the industrial design; 
(c) if the applicant is being represented the surname, first name and 
domicile of the representative; if the applicant is represented 
by a legal person, its name and headquarters shall be given: 
(d) the title of the industrial design; 
(e) expression of the will of the applicant that he is applying for 
the recording of the industrial design in the register; 
(f) the signature of the applicant or his representative. 
Section 27 
If the applicant claims the priority right under the international 
treaty according to Section 48 (2) of the Law, he shall list in the appli­
cation the date of application from which he is deriving his priority 
right, its number and state in which this application was filed. 
Section 28 
(1) The Office may accord individual exhibitions ~eld on the te­
rritory of the Czech and Slovak Federal Republic the right for creators 
of industrial designs to claim priority rights (exhibition priority) for 
products exhibited at these exhibitions. 
(2) The Office shall publish the right to claim extibi~ion prio­
rity at individual exhibitions in the Bulletin. Section 29 IP/N/lICZE/I/2 
Page 15 
(1) If the applicant is claiming exhibiton priority in accordance 
with provisions of Section 49 of the Law, he shall state in his appli­
cation the date when the product was entered into the exhibition and 
the period over which the exhibiton was held. 
(2) An application in which the exhibition priority is claimed 
shall include confirmation by the organiser of the exhibition that the 
product illustrated or described in the application is identical with 
the product displayed at the exhibiton and information on the date when 
the product was entered into or demonstrated at the exhibition. 
Section 30 
If the application for an industrial design is filed by several 
co-applicant and they do not have a joint representative, they shall 
name one of the co-appliants as the person to whom reports and decisions 
of the Office shall be posted. 
Illustrations 
Section 31 
All characteristic features of the appearance of t~e product shall 
be clearly illustrated by photographs or drawings (however, not shop or 
desfgn), concretely in as many views as necessary to clearly depict the 
shape, outline or colour specifics of the appearance of the product. 
One of the copies of the drawing shall be signed by the applicant or 
his representative. 
Section 32 
(1) The photographs or drawings shall meet the pr~~ting and 
copying requirements. IP/N/lICZE/I/2 
Page 16 
(2) The photograph or drawing shall be of at least size A6 or at 
most AS. 1= the subject of protection is to be the colour rendering of 
the appearance of a product, colour illustrations shall be submitted. 
(3) Photographs of the appearance of the product shall be submit­
ted in five copies. One original and four copies shall be submitted of 
drawings of the appearance of the product. 
(4) The individual components shown in the drawings shall be se­
quentially marked with reference signs (arabic numeral or standard sym­
bols) in agreement with the designation used in the descripition. No 
written texts and explanations may be used on the photographs or in the 
drawings. 
Section 33 
Description of the Industrial Design 
(1) The description of the industrial design should contain a 
written summary of those features which mainly constitute the specifics 
of the appearance of the product. The applicant or his representative 
shall sign one copy of the industrial design description. 
(2) The special terminology employed shall be the terminology 
which is in general use. 
(3) The execution of the descriptin of the industrial design shall 
be meet the printing and copying requirements. 
C h apt e r Two 
Procedure on the Application for an Industrial Design 
Section 34 
(1) 7he Office shall mark the cate of filing on the application 
:or an industrial design, record it in the Register of Industrial Design IP/N/1/CZE/I/2 
Page 17 
Applicaticns and issue t~e applicant a receipt on filing ~he application 
for the industrial design. 
(2) The application for the industrial design shall be deemed to be 
filed if it contains the designation of the applicant, his will to have 
the industrial design recorded in the Register of Industrial Designs and 
an illustration of the appearance of the product for which protection is 
being sought. 
Sec~ion.35 
The following data shall be recorded in the Register of Industrial 
Designs: 
(a) the reference number of the application for an industrial design; 
(b) the title and class of the industrial design in accordance with 
the international classification; 
(c) the data of filing of the application of the industrial design 
and, possibly, also data of its priority rights; 
(d) the surname, first name and address of the creator of the 
industr~al design; 
(e) the indication of the applicant or his representative, if the 
applicant is so represented; 
(f) the title of the industrial design; 
(g) data on the claimed priority right under the international trea­
ty, if this applies, or an exhibiton priority right; 
(h) the name of the Office examiner to whom the application was 
assigned :or processing; 
(i) in:ormation on individual :iling of matters concerning the 
application and on Office actions. IP/N/lICZE/I/2 
Page 18 
Section 36 
A multiple application for an industrial design shall be processed 
by the Office as a single entity. 
Section 37 
At the request of the applicant, the Office shall not record an 
industrial design, about which it has decided that it fulfils all the 
conditions stipulated by law, in the Register of Industrial Designs 
earlier than six months from the day of filing the application for the 
industrial design. 
Section 38 
The following data shall be recorded about each industrial design 
in the Register of Industrial Designs: 
(a) the registration number of the industrial design and the data of 
decision on its registration by the Office; 
(b) the title and class of the industrial desing in accordance with 
the international classification; 
(c) the date of filing the application for the industrial design or 
data on its priority right; 
(d) the surname, first name and address (name and headquarters) of the 
owner of the industrial design or his representative; 
(e) the reference number of the industrial design; 
(f) the ~urname, first name and address of the creator of the industrial 
design; 
(g) assignment of the industrial design; 
(h) licer.se agreements; 
(i) ~he rights of a prior user; 
(j) =ancellation of the industrial design from the register; IP/N/lICZE/I/2 
Page 19 
(k) prolongation of the validity of the registration 0: the industrial 
design in the register; 
(1) lapse of registration of the industrial design in the register. 
Section 39 
In the certificate on the registration of an industrial design the 
Office shall list data listed in Section 38 under letters (a) to (f). 
Section 40 
Prolongation of the registration validity of the industrial design 
in the register shall be applied for in writing. 
C h apt e r T h r e e 
Declaratory Judgement, Procedure on Cancellation of an 
Industrial Design :rom the Register and Registration 
of a License 
Section 41 
Declaratory Judgement Procedure 
(1) A request for declaration whether the appearance illustrated 
or described in the application lies or does not lie within the scope 
of a given registered industrial design shall be filed with the Office 
in two copies. 
(2) In ·tne application, the applicant shall prove his legal in­
terest in the declaration and include data and documents necessary for 
~ssu~~g t~e declaratcry judge~ent. Documen~are submitting ~n :our 
copies. I1?/~/1/C:~~/I/2 
~W 
(3) The Office shall invite the parties in the procedure to submit 
observation to the application and, i: necessary, to present pertinent 
documents. If they fail to do so within the set time limit, this shall 
~ot prevent taking a decision on the application. 
Section 42 
Procedure on Cancellation of an Industrial Design from 
the Register 
(1) A proposal shall be filed with the Office in writing, including 
appendices, in two copies. 
(2) The proposal shall be justified in a matter-of-fact way and 
at the same time material proof shall be substantiated or offered. 
(3) T~e Of=ice shall invite the owner of the industrial design 
to s~~it observations to the proposal. If they fails to do so within the 
set time limit, this shall not prevent taking decision on the proposal. 
Section 43 
Registration of a License 
(1) The request for recording a license contract in the Register of 
Industrial Designs shall be filed with the Office in writing. 
(2) The request shall be supplemented with two copies of the license 
:rom which shall clearly folow the indication of the registered industrial 
~esign for the utilisation of·which the license is being grantee, the nama 
of the acquirer of rights following from the license and the extent of the 
rendered rights. PART THREE 
FINAL ?ROVIS~OKS 
Section 44 IP IN/1/CZE/I/2 
Page 21 
This ~ecree shall enter into force on January 1, 1991. 
President 
Ing. J a :t 1 , 
(in his own hand) IP/N/1/CZE/I/2 
Page 22 
Law on Patent Agents 
(No. 237 of May 17, 1991) 
The Federal Assembly of the Czech and Slovak Federal Republic has enacted 
this law: 
Section 1 
The subject of the law 
The law regulates the status as well as the rights and duties of patent 
agents. 
PART ONE 
PATENT AGENT 
Section 2 
A patent agent provides professional assistance to natural and legal 
persons in matters concerning industrial property by, especially, repre­
senting them in proceedings before the Federal Office for Inventions 
(hereinafter "Office") and/or other administrative authorities and giving 
them expert counsel. 
Section 3 
(1) Persons recorded in the register of patent agents (hereinafter 
"register") kept by t:,e Chamber of Patent Agents (hereinafter "Chamber") 
only can be licensed to operate as patent agents under this law. 
(2) The exercise of Section 2 activities in acccrdance with relevant 
t t " 1 ) . 1 f' t b t" , sta u ory prov~s10ns ~s e t 1ntac y n~s _aw. 
1) Law of the Czech National Council on Advocacy (No.128/1990 of the Collection) 
Law of the SJ,ovak " " " " (No.132/l990 of the Collection) 
Law of the Czech National Council on Commercial L.awyers 
(No. 209/1990 of the Collection) 
Law of the Slovak " " " " (No.129/1991 of the Collection) Section 4 11?/~/1/C:~~/I/2 
~n 
(1) The Chamber shall record in the register anybody who fulfils 
these conditions: 
a) 
b) 
c) 
d) 
e) 
f) he is a national of the Czech and Slovak Federal Republic and has 
permanent residence on its territory, 
he has full legal capacity, 
he has a clean criminal record, 
he has requisite university education, 
he will pass the professional exam, 
he will take this oath before the Chamber chairman: 
"l promise on my conscience and civic honor I will observe the con­
stitution, other laws, conscientiously fulfil the duties of a patent 
agent, and maintain secrecy about whatever facts I may learn in 
connection with the exercise of this activity". 
(2) The Chamber shall not record in the register an Office employee. 
Section 5 
(1) The content and organization of the professional exam will be 
decided by the Office after consulting the Chamber. The professional exam 
is usually held twice a year and always at least once a year, and it is 
public. 
(2) The Office appoints the chairman and four members of the exam 
commission, two of them being proposed by the Chamber. 
(3) Everyone applying to be recorded in the register must be admitted 
to the professional exam provided he has requested so and has at least five 
years practice in the field of industrial property. 
(4) By passing the professional exam the applicant demonstrates his 
knowledge of patent engineering, articles of law, and international treaties 
concerning industrial property, as well as practical knowledge requisite 
for the exercise of activities of a patent agent. 
(5) To prove the professional exam was passed, the Office shall issue 
the applicant with a certificate. IP/N/lICZE/I/2 
Page 24 
Section 6 
(1) The Chamber shall allow the oath according to Section 4/l/f to be 
taken within one month after the presentation of the exam-passing certificate. 
(2) Within 15 days after oath-taking, the Chamber shall issue the patent 
agent with a certificate of his having been recorded in the register. 
Section 7 
(1) Recorded in the register are the name, surname, establishment and, 
potentially, residence of the patent agent, the infliction of disciplinary 
measures, if any (Section 32), suspension of his activities as a patent 
agent (Section 8), and his erasure from the register (Section 9). 
(2) The Office publishes in the Official Bulletin of the Federal 
Office for Inventions the list of patent agents recorded in the register. 
Section 8 
(1) The Chamber shall suspend the exercise of activities of a patent 
agent 
a) pending his penal service or pending a ban on his exercise of activities 
as a patent agent, 
b) if he has become an Office employee. 
(2) The Chamber can suspend the exercise of activities of a patent agent 
a) pending a final ruling terminating his criminal trial if he has been 
charged with a deliberate criminal offense, 
b) pending a final ruling terminating a proceeding if a proceeding has been 
started to attest his legal capacity. 
(3) If the grounds upon which the exercise of activities was suspended 
have become void, the Chamber shall lift the suspension of activities; 
if the exercise of activities has been suspended for more than three years, 
the patent agent is obliged to take the professional exam again. Section 9 IP/N/1/CZE/I/2 
Page 25 
(1) The Chamber shall erase from the register a patent agent who 
a) has died or been declared dead, 
b) has been deprived of legal capacity or whose legal capacity has been 
restricted, 
c) has been effectively convicted of a deliberate criminal offense co­
mmitted in connection with the exercise of activities of a patent agent, 
d) has been afflicted with the disciplinary measure of being erased from 
the register (Section 31), 
e) has so requested in writing. 
(2) The Chamber can erase from the register a patent agent who has 
been effectively convicted of a criminal offense other than those speci­
fied by subsection l/c. 
(3) The Chamber shall erase from the register a patent agent whom 
it shall subsequently find to have defaulted on some of the conditions 
according to Section 4. 
Section 10 
An applicant for the occupation of a patent agent whom the Chamber 
has not recorded in the register or a patent agent whom the Chamber has 
erased from the register, except for erasures according to Section 9/1/d, 
or a patent agent whose excercise of activities as a patent agent has 
been suspended by the Chamber has a right to seek a remedy in court. IP/N/1/CZE/I/2 
Page 26 
PART Tt10 
RIGHTS AND DUTIES OF PATENT AGENTS 
Section 11 
(1) A patent agent is bound by the constitution, laws, other generally 
binding provisions of law, and, within their confines, by orders of the 
represented person. 
(2) A patent agent is obliged to protect the rights and legitimate 
interests of the represented person. He is also obliged to act honestly 
and conscientiously, consistently employ every means of law, and take re­
course to everything which in the light of his convictions and orders from 
the represented person he regards as being contributory to his benefit. 
Section 12 
(1) A patent agent is obliged to maintain secrecy about any facts he 
has learned in connection with the occupation of representing. He can be 
unburdened of this duty only by the represented person with a written state-
ment; however, the agent must maintain secrecy even if unburdened 
of this duty by the represented person in case it is in the interest of the 
represented person. 
(2) The duty to maintain secrecy does not apply to the court-imposed 
obligation to thwart or report the co~~ission of a criminal offense. 
(3) The secrecy duty applies also to one who has been erased from the 
register or one whose exercise of activities has been suspended. 
(4) The secrecy duty according to subsections 1 to 3 applies as v,?ell 
to persons whom a patent agent has under employement or other such contract 
(Section 16). Section 13 IP/N/1/CZE/I/2 
Page 27 
(1) Everybody has a right to be represented by a patent agent. 
(2) A patent agent is obliged to refuse representation if 
a) he has represented another party in the same matter whose interests 
are in conflict with the interests of the person requesting representation, 
b) the opposite side is represented by a patent agent with whom he jointly 
exercises the occupation of a patent agent (Section 21). 
Section 14 
(1) A patent agent can withdraw from a representation contract if there 
has been a breach of trust between him and the represented person, if the 
represented person does not adequately cooperate, or if the represented per­
son has without serious reason failed to pay an adequate advance on the re­
muneratation for representation (Section 17); a ];Etent agent shall do so \\henever he 
has subsequently discovered facts listed in Section 13/2. 
(2) A patent agent is obliged to perform all acts suffering no delay 
for the period of two months from the day he withdrew from a representation 
contract provided the represented person has not undertaken other measures. 
Section 15 
A patent agent may within the bounds of his authorization let himself 
be represented by another patent agent; such representation is impossible 
against the will of the represented person. 
Section 16 
(1) A patent agent can hire under an employment or other such contract 
further persons (hereinafter "staff"). IP/N/lICZE/I/2 
Page 28 
(2) Employment relationships between the patent agent and his staff 
1 b 1 .. 2) are regu ated y re evant statutory prov1s1ons. 
Section 17 
A patent agent carries out his activities for a rammeration and has a right 
to demand from the represented person an adequate advance onflis remuneration. 
Section 18 
(1) A patent agend is liable to represented persons for damages he has 
caused them through his representation. A patent agent is liable for damages 
caused by his representation even if the damages have been caused by his 
agent or by his staff; this leaves intact the liability of these persons for 
damages under valid regulations. 
(2) A patent agent shall free himself from responsibility under sub­
section I if he shall prove the damages could not have been prevented even 
if he expended every effort that could be asked of him. 
Section 19 
(1) Before going into business in accordance with the provisions of Section 
2, a patent agent is obliged to conclude a contract to insure him against 
liability for damages such as might arise in connection with his activities; 
if the patent agent employs a staff, he is also obliged to conclude a con­
tract to insure him against liability for damages suffered by his staff du­
ring fulfilment of labor duties or in direct relation thereto and for which 
the patent agent is liable under the Labor Code. 
2) E. g. Law 65/1965, Labor Code, pursuant to later regulations, 
CSFR Government Decree 121/1990 (employment relations in the private 
entrepreneurship of citizens), pursuant to later regulations, 
Federal Ministry of Labor and Social Affairs~Decree 135/1990 (reward 
for labor in the private entrepreneurship of citizens). IP 1Nl lICZE/I/2 
Page 29 
(2) Insurance against liability for damages such as may arise in 
connection with the activities of a patent agent must last throughout 
the time such activities are exercised; insurance against damages in-
curred by the staff must last throughout the time the staff is employed 
by the patent agent. 
Section 20 
A patent agent is obliged to report to the Chamber his establishment 
and/or his residence, changes thereof, and data listed in provisions of 
Section 8/1/b and 2 and Section 9/1/c and 2. 
Section 21 
(1) Patent agents can exercise the activities according to Section 2 
jointly; patent agents regulate legal relationships arising from their 
joint exercise of activities with a written contract. 
(2) Each patent agent is liable to the represented person separately; 
if, however, a jointly represented person is involved and no other option 
has been agreed, patent agents are liable to the represented person jointly 
and inseparably. 
PART THREE 
SELF-ADMINISTRATION AND DISCIPLINARY 
RESPONSIBILITY 
OF PATENT AGENTS 
Section 22 
(1) Herewith is established the Chamber of Patent agents with head-
quarters in Erno. 
(2) The Chamber as a legal person is a self-administered organization 
grouping all patent agents. IP/N/lICZE/I/2 
Page 30 
Section 23 
The Chamber has these authorities: 
a) the conference of patent agents, 
b) the board, 
c) the supervisory commission, 
d) the disciplinary commission. 
Section 24 
(1) The highest Chamber authority is the conference of patent agents 
(hereinafter "conference"). 
(2) All the patent agents recorded in the register have a right to 
participate in conference proceedings. 
(3) The conference is convened by the board at least once every three 
years. The board is obliged to convene the conference within two months 
every time at least a third of all patent agents so requests in writing or 
if the supervisory commission so requests. 
(4) A patent agent can authorize another patent agent in writing to 
represent him at a conference; a represented patent agent is regarded as 
if he attended the conference. 
(5) A conference makes a quorum if a majority of all patent agents 
attends. A resolution is passed by a simple majority of attending patent 
agents. 
Section 25 
(1) The conference does the following, in particular: 
a) elects by direct and secret vote, out of the ranks of patent agents, 
the cha~rman and vice-chairman, and members of the board, supervisory 
commission, and disciplinary commission, to three-year terms; it also 
recalls by secret vote the members of those authorities, IP/N/lICZE/I/2 
Page 31 
b) approves the Chamber's organizational code, electoral code and disci­
plinary code, 
c) approves the level of contributions for the activities of Chamber autho-
rities, 
d) approves rewards compensating the time spent in the discharge of functions 
in Chamber authorities, 
e) discusses and approves Report on activities of other Chamber authority, 
f) can cancel or change a board decision. 
(2) The chairman represents the Chamber on the outside and acts on 
its behalf in all matters; he also makes necessary decisions during the 
time between board sessions and directs Chamber employers within the limits 
determined by the organizational code. 
(3) If a citizen of the Czech Republic is Chamber chairman, a citizen 
of the Slovak Republic is vice chairman, and vice versa. 
Section 26 
(1) The board decides: 
a) recordings into and erasures out of the register, 
b) remedies according to Section 33, 
c) all matters which under this law are entrusted to the Chamber, provided 
they are not decided by other Chamber authorities. 
(2) The board also: 
a) convenes the conference, 
b) proposes two members of the exam commission to the Office according to 
Section 5/2, 
c) a~~inisters Chamber property, 
d) protects and asserts the interests of patent agents,f 
e) regularly informs patent agents about Chamber activities, 
f) takes whatever measures are necessary for Chamber activities, IP/N/1/CZE/I/2 
Page 32 
g) keeps the register of patent agents, 
h) carries out other activities under this law which do not fall within 
the competence of other Chamber authorities. 
(3) The board meets as a rule once every three months; board meetings 
are convened by the Chamber chairman. 
Section 27 
The supervisory commission: 
a) checks up on fulfilment of conference resolutions and board activities; 
for that purpose, the supervisory commission must be allowed access 
to all Chamber records, 
b) supervises proper performance of the activities of patent agents, 
c) elects out of its ranks the chairman, who directs commission activities; 
the sUPervisory commission chairman initiates disciplinary proceedings. 
Section 28 
The disciplinary commission: 
a) carries out disciplinary proceedings and decides disciplinary measures 
according to the law, 
b) elects out of its members the chairman, who directs commission activities. 
Section 29 
Functions in Chamber authorities are honorary. 
Section 30 
(1) Organization of the Chamber, its authorities, the jurisdiction 
of these authorities, and the membership of the Chamber board, supervisory 
cor.~ission, and disciplinary commission are elaborated in greater detail in 
the Chamber~s organizational code. JP IN 11 ICZE/I/2 
Page 33 
(2) Electoral details are fixed by the Chamber's electoral code and 
details of disciplinary proceedings by the Chamber's disciplinary code. 
Disciplinary responsibility 
Section 31 
(1) For a grievous or repeated breach of duties imposed by this law, 
the disciplinary commission can inflict on a patent agent, unless a criminal 
offense is involved, some of these disciplinary measures: 
a) a written censure, 
b) a fine of up to 10.000 CSK 
c) erasure from the register for up to five years. 
(2) Proceeds from fines belcng to the Chamber. 
Section 32 
(1) The infliction of disciplinary proceedings is decided by the 
Cha~er's disciplinary commission in a disciplinary proceeding initiated 
by the supervisory commission chairman. 
(2) The supervisory commission chairman can make a proposal to start 
disciplinary proceedings within two months from the date he learned of a 
disciplinary trespass by a patent agent, or no later than one year from 
the date the disciplinary trespass happened'. 
(3) A decision inflicting a disciplinary measure must be in writing 
and contain a verdict, argumentation, and listing of remedies. 
Section 33 
(1) Both patent agent .andsup~rvisory commission chairman can appeal 
a decision by the Chamber disciplinary commission within fifteen days from 
its delivery; the appeal has a dilatory effect. IP/N/lICZE/I/2 
Page 34 
(2) Appeals are ruled on by the Chamber board, which either sustains 
or repeals the assailed decision. In case an assailed decision is repealed 
by the Chamber board, the Chamber disciplinary cOIT~ission is bound by the 
Chamber board~s decision. 
Section 34 
Final rulings by the Chamber 150ard inflicting eras-ure from the register 
as a disciplinary measure are re-examined in the light of relevant statutory 
1· 3) b f h t h th d . . regu at10ns y request rom tepa ent agent w.om e eC1S1on 
concerned, by the Supreme Court of the Czech and Slovak Federal Republic; 
the proposal can be filed within a time limit set by relevant statutory re-
I . 4) gu at10ns . 
PART FOUR 
FINAL, TRANSITIONAL 
AND REPEALING PROVISIONS 
Section 35 
The authorization to represent persons who don~t have anestablishment 
or residence on the territory of the Czech and Slovak Federal Republic in 
proceedings before the Office, granted according to Section 11 of Decree 
107/1972 of the Office of Inventions and Discoveries, concerning foreign 
relations in matters of inventions and industrial designs, and the authori­
zation to represent these persons in trademark proceedings according to 
Section 27/3 of Trademark 174/1988 and according to Section 15 of Law 
159/1973, concerning P·rotection of the Appellation of Origin of Products, 
lose validity six month after the date on which this law took effect. 
3) Sections 244-250 of the Code of Civil Procedure 
4) Section 247/2 of the Code of Civil Procedure Section 36 IP/N/lICZE/I12 
Page 35 
The authorization to represent persons in proceedings before the 
Office and perform services and work designed to enforce protection of 
industrial property according to Law 105/l990ooncerning Private Entre­
preneurship of Citizens, loses validity six months from the date on 
which this law took effect. 
Section 37 
(1) Applicants for entry in the register whose written applications 
were delivered to the Chamber within six months from the date this law 
took effect shall be recorded by the Chamber in the register after taking 
the oath, provided they meet the conditions stipulated by Section 4/1/a-c, 
have earned requisite university education, and have at least five years' 
practice in the field of industrial property; exceptions are granted by 
the Chamber. 
(2) An applicant recorded in the register according to subsection I 
is obliged to take the professional exam under Section 4/1/e no later than 
12 months from his entry in the register. 
(3) If an applicant does not meet the duty under subsection 2, he will 
be erased from the register. 
(4) Natural persons authorized to represent persons according to Section 
70/1 of Law 527/1990 on Inventions, Industrial Designs and Rationalization 
Proposals and according to Section 27/3 of Trademark Law 174/1988, will be 
recorded by the Chamber in the register upon presentation of an authorization 
granted by the Office. 
Section 38 
(1) Pending establishment of the Chamber authorities, their juris­
diction is discharged by a preparatory committee appointed by the Office 
president. IP/N/1/CZE/I/2 
Page 36 
(2) The preparatory committee convenes the Chamber founding conference 
by Dec. 31, 1991. 
Section 39 
By agreement with the Chamber, the Office shall issue a decree on 
the rewarding of patent agents. 
Section 40 
Should present laws 5)imply legal and natural persons who have no 
residence or establishment in the Czech and Slovak Federal Republic must 
be represented in proceedings before the Office by an organization or an 
organiza tion member thereto authorized, or by a rep:-esentative under releva..'1t sta­
tutory regulations, or by a patent agent authorized thereto by this Office, 
the implication signifies a representative under relevant statutory regu-
1, 1) d' ..::I ' h h' 1 at10ns an 1n accoruance w1t t 1S aw. 
Section 41 
This law takes effect on the day of July 1, 1991. 
5) Section 15 of Law 159/1973, concerning Protection of the Appelation 
of Origin of Products. 
Section 27/3 of Trademark Law 174/1988. 
Section 70/1 of Law 527/1990, on Inventions, Industrial Designs and 
Rationalization Proposals. 