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Patents and utility models

A patent protects a new technical solution and gives you the exclusive right to exploit it. We help you choose the right form of protection and guide you through the entire proceedings in the Czech Republic, Slovakia, in Europe, and around the world.

Patents and utility models

What we handle for you

Assessment and search

We assess the patentability of your solution, carry out a prior-art search, and recommend whether to choose a patent or a utility model.

National patent and utility model

We prepare and file the application with the Industrial Property Office (ÚPV). A utility model offers faster and cheaper protection for solutions with a shorter lifespan.

European and unitary patent

With a single application at the European Patent Office (EPO), you obtain protection in the states you select. The new unitary patent provides unified protection in most EU countries without the need for validation in each state separately.

Validation of a European patent

After grant, we arrange translations and the registration of the patent in individual states, including registration with the Industrial Property Office (ÚPV) of the Czech Republic or Slovakia.

International PCT application

Through the PCT system (WIPO), you gain time to decide on individual countries as well as an international search.

Maintenance and administration

We watch the maintenance fees and deadlines so that your protection does not lapse.

How we work together

From the first consultation to the final result, we guide you through a clear and transparent process.

01

Consultation and search

We discuss your solution, assess its novelty, and carry out a prior-art search.

02

Choice of protection and preparation of the application

We recommend a patent or a utility model and draft the application with a description, claims, and drawings.

03

Filing and proceedings

We file the application and, during the proceedings, respond to office actions, including substantive examination for a patent.

04

Grant and validation

After grant, we arrange validation and registration in additional states according to your choice.

05

Maintenance

We monitor maintenance fees and deadlines for the entire term of validity.

What is a European patent

A European patent is a patent granted by the European Patent Office (EPO) under the European Patent Convention. With a single application in one of the official languages, that is English, German, or French, you can obtain protection for an invention in more than thirty contracting states at once, instead of a separate application in each country.

The purpose of the Convention is to make the protection of inventions in all contracting states simpler, cheaper, and more reliable. A grant can be requested for one, several, or all contracting states. The application may be filed by a natural or a legal person, and the right of priority from an earlier application can be claimed. A European patent can also be obtained through an international PCT application, by what is known as the Euro-PCT route.

The proceedings have two phases. First comes a formal examination and a prior-art search, followed by substantive examination of novelty and inventive step. From filing to grant, three to five years usually elapse. The patent is valid for up to 20 years from the filing date of the application, subject to payment of maintenance fees.

Once granted, the patent enjoys in each designated state essentially the same protection as a national patent granted in that country. To take effect in a particular state, it usually needs to be validated. Since 2023, there is also the unitary patent, which makes it possible to obtain unified protection in most European Union countries through a single act, without validation in each state separately.

What is validation of a European patent

The proceedings do not end with the grant of a European patent. For the patent to take effect in individual countries, in most of them it needs to be validated, that is, to go through national registration proceedings.

Under article 65 EPC, each state may require a translation of the patent into its official language. The deadline is usually three months from publication of the notice of grant. In practice, this means filing the translation within the prescribed deadline, if required, paying the administrative fee, and submitting details of the patent and of the representation. Maintenance fees are then paid directly to the office of the relevant state.

In the Czech Republic, validation is carried out at the Industrial Property Office (ÚPV). You submit the identification of the granted European patent, a translation into Czech, a power of attorney, and a contact address within the Czech Republic. The scope of the required translations varies between countries. In many states it is limited, or even none at all, thanks to the London Agreement.

An alternative is the unitary patent, which provides unified protection in most European Union countries without separate validation in each state. For states outside this regime and outside the EU, validation remains necessary.

Frequently asked questions

A patent protects an invention after thorough substantive examination and may be valid for up to 20 years. A utility model (a so-called "little patent") is registered more quickly and cheaply without substantive examination, but with a shorter term of protection. We will recommend a suitable form after assessing your solution.

It must be new, be the result of inventive activity, and be industrially applicable. We assess patentability through a prior-art search before the application is filed.

From the date of the first application, a 12-month priority period runs, during which you can decide to extend protection abroad while preserving the original priority date. It can be filed directly in individual countries, by a European application at the EPO, or by an international PCT application. Once it expires, this priority can no longer be claimed, so it is wise to decide in good time. We watch all the follow-up deadlines for you.

For a European patent, usually three to five years from filing to grant, depending on the field and the course of the examination. A utility model is available significantly faster. We will give a more precise estimate after an initial consultation.

A patent is valid for up to 20 years from the filing date of the application. For protection to last the entire term, maintenance fees (known as annuities) are paid each year, and their amount gradually rises over the years. If they are not paid, the patent lapses. We manage the deadlines and the payment of annuities for you, in the Czech Republic, Slovakia, and abroad. For medicinal products and plant protection products, validity can be further extended by a supplementary protection certificate (SPC). A utility model provides shorter protection.

After grant, in most countries a European patent needs to be brought into effect, known as validation. This means going through national proceedings and, where applicable, supplying a translation. We arrange validation and the management of deadlines for you. Since 2023, the unitary patent can be used instead for most EU countries.

Do you have an idea or a technical solution?

Get in touch and we will find the most suitable form of protection for it.

Email
patmag@patentservis.com
Phone
+420 602 210 933

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