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Legislative Implementation of Flexibilities - Czech Republic

Title:Sections 1-5 of the Utility Models Act No. 478 of 1992 as implemented by Act No. 116 of 2000 Coll.
Field of IP:Patents
Type of flexibility:Utility models
Summary table:PDF

Provisions of Law

Section 1

Technical solutions which are new, exceed the framework of mere professional skill and are industrially applicable shall be protected as utility models.

Section 2

The following in particular shall not be deemed technical solutions:

a) discoveries, scientific theories and mathematical methods;

b) the mere appearance of products;

c) schemes, rules and methods for performing mental acts;

d) computer programs;

e) the mere presentation of information.

Section 3

The following shall not be protected as utility models:

a) technical solutions contrary to public interest, particularly the principles of humanity and public morality;

b) plant or animal varieties and biological reproductive materials;

c) production processes or work activities.

Section 4

(1) A technical solution shall be considered new if it does not form part of the state of the art.

(2) For the purposes of this Act, the state of the art shall be deemed to comprise everything made available to the public prior to the date from which the applicant claimed the right of priority (Section 9).

(3) The state of the art shall not be held to comprise any disclosure of the applicant's work or that of his predecessor in title, which took place within six months before the filing of the utility model application.

Section 5

A technical solution shall be considered susceptible of industrial application if it can be used repeatedly in economic activities.