A patent is a protective document providing a monopoly right to inventions (technical solutions) such as products, devices, apparatuses, chemical compounds, technologies, manufacturing methods, new uses of known products and substances, etc. An invention is patentable if it fulfils the conditions of technical character, worldwide novelty, non-obviousness and industrial applicability.

Monopoly Right: A patent provides to its proprietor the exclusive right to exploit his invention – i.e., the product, apparatus or process defined in the main claim (upon respecting the patent rights of third persons), to grant a license to exploit the invention to another person, as well as to prevent any other person from doing so.

Technical Information: A patent serves as a source of technical information for the public, therefore it must disclose how the invention can be produced or carried out, and must provide evidence that the invention has the claimed effects and advantages.

National Patent: A patent is granted by the competent patent office for the relevant state, and the granted patent is valid only on the territory of that state. If the applicant wishes to obtain patent protection in various states, he is obliged to file a separate patent application in each state.

International Patent Application pursuant to PCT (Patent Cooperation Treaty): One single application allows the applicant to designate states where he is seeking patent protection and serves as a gateway to initiate proceedings in various states, without having to file in each state separately and with a different date of filing. Under PCT, no “international patent” is granted. National phases of patent proceedings must be entered in each individual state and the applicant (upon meeting local legal requirements of patentability) obtains national patent protection. Regional patents may also be obtained on the basis of a PCT application.

Regional Patent (e.g. European Patent): Regional patent treaties provide for grant of a regional patent based on a single patent application filed with a regional patent office (e.g., EPO). The granted patent is then converted into a bundle of national patents for individual member states of the regional patent treaty. Currently, there are five regional patent treaties: European (including CZ), Euroasian, French-speaking African states, English-speaking African states and Gulf Patent. Within the framework of the European Patent Convention, a unitary EU-wide patent protection should be available soon.

Any publication of the invention before filing the application may negatively affect the proceedings and may cause refusal of the application. Worldwide novelty of the claimed invention is a basic prerequisite of patentability, therefore, it is necessary to avoid any publication of the invention, including academic publications, advertisement, website, presentations, exhibitions and fairs or launching of products to the market.

It is irrelevant, whether the inventor or applicant published the invention, or whether it was a third party. A patent application may be refused due to lack of novelty caused by the applicant´s product advertisement on his website, or by the inventor´s academic publication, if they occur before the application is filed.

A patent is granted on the basis of a patent application filed to a patent office (e.g., CZ IPO or EPO). The office performs a research based on which patentability of the invention is assessed, and invites the applicant to remedy any deficiencies if necessary. If he complies with the invitation, the patent can be granted, otherwise the application is refused.

The options to amend the application are limited during the proceedings. Hence, it is very important to make sure that the patent application is properly drafted, contains all necessary technical information and fulfils the formal requirements. Missing information cannot be added to the application during the proceedings.

The maximum term of validity of a patent is 20 years, provided that the prescribed renewal fees are paid. The maximum term of patents relating to pharmaceuticals and preparations for plant protection may be extended by up to 5 years.

Prevention of Infringement: When launching products or services to the market, any commercial subject is obliged to ensure that the products or services do not infringe patents valid in the territories in which they are manufactured, stored or marketed. Hence, it is necessary to regularly search patent information databases which are available free of charge through internet, or commercially. If a product or a service which infringes a patent right is launched to the market, the patent proprietor will likely request removal of the product or service from the market as well as payment of damages.

Information for Research and Development: Patent databases are a valuable source of technical information in any field. The technical information contained in patents which are no longer valid, or which are not valid for the territory on which your products are manufactured, stored or marketed, can be used in your business and for improvement of your products.

Revocation of Patents of Third Parties: If you find a patent which prevents you from manufacturing or marketing a product or a service, and you know that the invention described in the patent was not novel or was obvious at the time of filing of the patent application, you may file an opposition or revocation action against the patent to the competent patent office and you may achieve revocation of the patent.