European Patent Validation in the Czech Republic
What is European Patent Validation?
European Patent Validation is the process in which a European Patent (EP) is utilized by the owner (also named as a proprietor) of the patent to validate the EP within a specific Contracting State (or states) of the 40 plus member states of the European Patent Convention (EPC). A Czech Patent Attorney can offer you European Patent Validation services.
EP application vs European patent – what’s the difference?
The European Patent Application (EPA) is different from the European Patent (EP), which is final grant of the exclusivity rights throughout the Europe granted by the European Patent Office. The European Patent Office (EPO) is a public international organization established by the EPC.
An EP does not automatically grant the owner the rights to a patent in any or all of the member states of the EPC. It guarantees the applicant, and later owner of the EP, that the patent will be accepted and recognized in any of the member countries once the proper validation steps have been taken (as described below).
What is the European Patent Validation Process in the Czech Republic?
- In order to validate a granted European patent or submit a translation of the European patent application for provisional protection in the Czech Republic, the proprietor must first and foremost have designated the Czech Republic in your EP application. Usually, the designation of the Czech Republic is automatic. Once the European patent has been granted, you will need to take measures to have it published in the Czech Republic.
- Receive notification that the European patent has been issued a Decision to Grant and has published in the European Patent Bulletin.
- EP Validation Time Limit: There is a deadline for validation of the European Patent, which is three months from the date on which the mention of grant or the decision to maintain the patent as amended is published in the European Patent Bulletin, although it is possible to extend the deadline for a further three to six months for an additional fee.
- Translate the entire patent into the official language of the state in question. (In this case, the Czech Republic. While this is not necessary in all countries, it is in the Czech Republic.)
- Submit to the Industrial Property Office of the Czech Republic
- Request for the validation of the EP
- Translation of the patent into Czech
- Power of attorney; and
- Pay the administrative fees for the publication of the translation of the patent specification.
What will happen next?
The Industrial Property Office of the Czech Republic:
- will announce the publication of your European patent in the Official Gazette of the Industrial Property Office;
- will announce the publication of the patent file; and
- will list your European patent in the Czech Register of European Patents, using the data listed in the European Patent Register.
Why do you need a czech patent attorney?
- An applicant with neither residency nor principal place of business in the territory of the Czech Republic must be represented by a patent attorney.
- A standard language translator is not enough to accurately and legally translate a patent from the original language (in this case – English) into Czech. It is necessary to work with a certified and validated patent attorney who can advise on finding the right translator who is skilled in the technical translations. This will ensure that the industry and scientific knowledge is accurately portrayed. Patents involve a wealth of industry-specific and technical vocabulary, which if translated incorrectly could lead to many problems in the future for the legitimacy of the patent in question.
- A Czech Patent Attorney will represent the owner of the patent and offer full services, professional consultations and full representation.
- The process and steps involved in an EP Validation vary from state to state, and in the Czech Republic they are slightly more complicated. While some third party services who are situated in other countries will offer services for EP Validation, they will only be contracting local Czech attorneys. So it is much more efficient and cost-effective to work directly with the local Czech patent attorney.
What needs to be done after validation?
Once validated in the Czech Republic, the patent has the same rights as one granted locally. This means that the only responsibility of the patent recipient from then on, is to pay the annual fees to the Industrial Property Office of the Czech Republic.
By registering a patent, you acquire the exclusive right to your invention for a limited period (usually 20 years). That means no one may manufacture, use, offer for sale, sell or import a product or manufacturing process based on your patented invention. However, you can give temporary permission to use your invention through a so-called license agreement or exhaustion of rights. The validity of a patent cannot be renewed after its 20 year document expiry.
How much does it cost to file a validation request in the Czech Republic?
The costs of European Patent Validation in the Czech Republic consist of three parts:
- Agent fees: the professional fee for processing the validation
- Official filing fees: paid to the national patent office
- Translation fees
In addition, there are annuity fees, an independant yearly maintenance fee, which is necessary to pay in order to maintain the validity of the patent within the Czech Republic. Please check here for the most up-to-date fees regarding annual maintenance fees for a Czech patent.
Why should you choose us?
Bauer ip can provide EP validation services for you, offering you high-quality assistance, peace of mind and a competitive rate.
The lead attorney, Karl Bauer, comes from a technical and mathematical background and is well-suited for the job, which requires a mathematical and scientific understanding of the patents of his clients.
Work with us and you will get:
- More time for yourself – we can help you fill out the application and save you time
- Certainty – we know how important privacy is for our clients and we promise to always keep your information saved.
- Other pair of hands – you can always count on us. We will be here to help any time you need to discuss any matter related to your application or any other questions or concerns you might have.