Legislative Implementation of Flexibilities - Czech Republic

Title:	Section 5 (3), 24 (4) of the Law No. 527/1990 of 27/11/1990 on Inventions and Rationalization Proposals (as last amended by Act No. 207/2000 Coll.)
Field of IP:	Patents
Type of flexibility:	Security exceptions
Summary table:

Provisions of Law

Section 5

Novelty

(3) The state of the art shall also comprise the content of applications for inventions filed in the Czech Republic which enjoy earlier priority and have been published on or after the date from which the priority right belongs to the applicant (Section 31). This provision shall also apply to the international applications of inventions with the earlier right of priority, where the Office acts as a designated Office, and to the European patent applications (Section 35a) with the earlier right of priority where the Czech Republic is a validly designated state. Invention applications kept secret under special provisions shall be considered to have been published on expiry of an 18-month period as from the date on which the priority right began.

Section 24

Invention Application

(4) If the European patent application or the international application contains matters that are kept secret under special regulations, the applicant shall file the application with the Office together with the approval issued by the National Security Office.