Utility model

Technical solutions, which are new, exceed a mere expert skill and are susceptible to industrial application may be protected as utility models. In principle, all patentable technical solutions, with the exception of methods or processes and biological reproductive materials, may be protected as utility models. As far as novelty is concerned, a technical solution based on results of work of the applicant or his legal predecessor, which was published not sooner than 6 months before filing of the respective utility model application, shall not belong to the prior art.

Are you interested in what the whole process of registering a utility model entails, how much it costs to apply for a utility model and then maintain its protection? What needs to be done on your end and what can we do for you?

Call us at +420 543 217 593, email us at info@kaniasedlaksmola.cz or make an appointment at our office at Mendlovo náměští 1a in Brno.

About utility models

The following in particular shall not be deemed technical solutions:

  1. discoveries, scientific theories and mathematical methods,
  2. the mere appearance of products,
  3. schemes, rules and methods for performing mental acts,
  4. computer programs,
  5. the mere presentation of information.

The following shall not be protected as utility models:

  1. technical solutions contrary to public interest, particularly the principles of humanity and public morality,
  2. plant or animal varieties and biological reproductive materials,
  3. production processes or work activities.

Registration of a Utility Model

There is no examination as to patentability. If a utility model application appears to meet the formal requirements, the utility model shall be entered into the register at once. The applicant becomes the owner of the utility model and is entitled to claim a compensation for infringing his rights arising from the registration of the utility model.

The basic duration of utility model protection shall be 4 years since the day of filing. This period may be prolonged twice by 3 years, the total available duration of protection thus being 10 years.

Anybody could apply for cancellation of the utility model registration at the Patent Office. Such application must be motivated and must be accompanied with a respective evidence. If the objections raised in the course of these proceedings are found to be justified, the utility model shall be cancelled and erased from the register.

Utility model application

Filing Date of the Application:

Establishes the priority right. Consequences:

  1. In case of filing a Czech application for an identical technical solution, the utility model is granted only to the applicant having an earlier priority right.
  2. In case of filing a utility model application or a patent application abroad, if filed within 12 months since the first filing, such an application is regarded as if it had been filed at the date of the first filing.
  3. Both a patent application and a utility model application may be filed for an identical technical solution. In case of an earlier filing of a patent application by the same applicant, the Industrial Property Office recognizes the priority right of the patent application for the utility model application concerning the identical subject-matter.
  4. An international convention priority shall be recognized, provided it is claimed on the filing day and proved subsequently upon the summons of the Patent Office within a term set by the same.

An applicant for a patent application in the Czech Republic shall be entitled to file a utility model application relating to the identical subject matter. The utility model application concerning the same subject matter as the patent application, which has been decided upon (rejected), can be accepted within 2 months after the decision has become final. Such utility model application enjoys the priority of the patent application on which it has been based provided the priority is claimed when filing the utility model application.