Patents
The patent-related services we provide to our clients include:
- Developing and executing prosecution strategies not only to protect a client’s products, but also to analyse those of its competitors to help ensure that the client realizes value from its intellectual property assets;
- Patent, Europatent, PCT and SPC Application Preparation and Prosecution;
- Advise on whether a patent can be granted;
- International patent protection and national phases;
- Civil litigation at both the trial and appellate levels, including infringement and dilution cases, counterfeiting, grey-market goods, false advertising, and cyber squatting;
- Industrial Property Office and European Patent Office litigation, including oppositions and cancellation proceedings;
- Preparing and negotiating licenses, assessing the licensing value of competitors’ patents, and guiding the client in the decision to license;
- Monitoring the field to know when a client needs a clearance opinion or has a potential interference issue. These efforts can help direct the client in research and development areas that minimize patent obstacles;
- Providing counsel on business-related matters, including antitrust and competition issues;
- Advising on potential litigation strategies, and, when necessary, deploying experienced trial and appellate teams;
Our major area of endeavor is patent application work, including patent searching, preparation and filing of patent applications in the Czech Republic Industrial Property Office in the European Patent Office and through Patent Cooperation Treaty (PCT).
Whoever invents or discovers any new and useful process, machine, manufacture or composition of matter or any new and useful improvement thereof may obtain a patent.
Inventions which are new, involve an inventive step, and are suitable for industrial application” may constitute the object matter of a patent.
It is generally only through patent protection that others can be prevented from copying one’s inventions. Our goal is to obtain the best possible patent protection for our clients at a reasonable cost.
Our firm have the technical expertise in many diverse areas of today and tomorrow to help our clients protect their intellectual property.
We can file for patents abroad. We also do a significant amount of work for patent firms and other clients in foreign countries who need patent representation in the Czech Republic or in the European Community
We will work with you to determine the optimum strategy for obtaining protection. This includes advice concerning the use of the European Patent Convention (EPC) and the Patent Cooperation Treaty (PCT) in order to defer costs and maintain the maximum flexibility in selecting the countries where protection is to be sought. We also offer a full “national phase” service in all member states of the EPC for clients seeking patent protection through that Convention.
We have technical specialists in virtually every field where patents may be obtained. We can also advise on analogous rights and know-how in such areas as computer software, bio-tech, plant patent, utility model, copyright and design right issues.
Small Improvements Can Have a Large Impact!
Czech and European Patent Prosecution
Preparation and prosecution of patent applications, both in the EU, Czech Republic and abroad, is the basis for the firm’s practice at its founding, and has been significant in its client services ever since.
We act for clients before the Czech and European Patent Offices in all matters relating to patents. We manage and prosecute international patent programmes both by direct national and European applications and by international applications via the Patent Cooperation Treaty PCT. We advise on the most cost effective and appropriate filing strategy in each case.
European Patent
The European patent system is a procedure by which a single patent application my be filed at the European Patent Office under the European Patent Convention (“EPC”) to obtain patents in a number of European countries.
European Patent may be filed through our firm directly to the European Patent Office in Munich or at the Czech Patent Office in Prague. On completion of the central grant procedure the patent has to be validated in the individual designated countries by submitting translations if necessary.
Within nine months as from the grant a European patent may be opposed centrally at the European Patent Office, later only in the individual designated countries. The maximum period of protection is 20 (+5) years; maintenance in the individual countries is realized separately.
European Patent extension and validation
Validation European Patent in the Czech Republic requires translation of the publication of the European Patent and filing in respective Industrial Property Office.
Office allows filing claim(s) translation before granting, after filing date of European Patent.
If the EP application is refused, it is still possible to file a utility model application in the Czech Republic.
To allow cost reduction and most effective uniform translation, European or International Patent Applications can be extended and validated in the Czech Republic and Slovak Republic by our firm in a single action as well as in this case is issued a single debit note with both Validations Documents and Receipt.
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International patent application
In addition to applying for a patent in the EU state, you should consider seeking patent protection in other countries. By filing an international application or applications in selected countries, you can expand the potential market for your invention.
An international application via the Patent Cooperation Treaty (PCT => Patent Cooperative Treaty; available for multi-country filing) can preserve your options to pursue patents in over 150 countries around the world. If filed within 1 year of your first filed priority patent and/or utility model application, you can have up to 31 months from your priority filing date to apply for patents and/or utility models in these countries. International patent applications may be filed directly at the World Intellectual Property Organisation in Geneva or through Czech Industrial Property Office.
Foreign patent application based on Paris Convention period
Foreign patent protection will enable you to prevent others from profiting from your idea in other countries. Many countries will allow you to claim priority from your national application. If you apply for a national patent (or filed a utility model application), we recommend filing foreign patent applications within one year at the latest from the earliest relied on filing date of your national patent application (Paris Convention period). The proper foreign protection for your invention will depend upon your business plan.
Filing in foreign countries not only increases your patent protection but also increases the market value of your idea, particularly to companies that import and export their products. Furthermore, if you plan to be the exclusive source of the invention and intend to manufacture your product overseas, you should definitely want to file for patent protection in those countries.
Supplementary Protection Certificate (SPC)
The Czech and many foreign law regulation provides additional protection for patented pharmaceutical products or plant-protective agents. The validity period of the patent has been extended by the amount of time necessary to obtaining a marketing licence from the competent authorities decreased by 5 years, i.e. this provides for a longer patent protection whereby the normal 20-year period of validity of the patent may be extended to at least 25 years. The supplementary protection certificate must be requested within 6 months of the date of first authorisation to market the product as a medicinal product or the date of grant of the patent, whichever is the latest.
The legal effect of a supplementary protection certificate is substantially the same as that of the patent upon which it is based.
Our international presence and our network of associate Intellectual Property firms around the globe allow us to move swiftly to protect our clients’ ideas almost anywhere on Earth.