Entering PCT national phase in Czech Republic

Entering PCT national phase in Czech Republic

The Czech PCT national phase entry application needs to be submitted within 31 months from the priority date, and there is a possibility of restoring this deadline under stringent conditions.

The minimum filing documents for a PCT national phase entry application in the Czech Republic include a copy of the international application and a request for a patent grant, which should include details of the applicant(s) and author(s).

While Czech is the official language for patent registration, the PCT national phase entry application can be initially filed in any foreign language. However, a translation must be provided within one month of entering the PCT national phase in the Czech Republic.

There is no requirement for the Power of Attorney to be legalized or notarized. It should be submitted to the Czech Industrial Property Office upon filing or within 2 months of receiving an invitation to file the POA. A scanned copy of the signed and dated POA is generally acceptable, but the original may be requested at any stage of the proceedings.

Substantive examination must be requested within 36 months from the international filing date.

The novelty grace period for PCT national phase applications in the Czech Republic is six months before the priority date. Disclosures within this period will not be considered, especially if they occurred at an official or officially recognized international exhibition or due to evident abuse in relation to the inventor or their predecessor.

Concerning grant and maintenance fees, the official fee for the patent grant must be paid within the specified period after the decision to grant a patent (usually one month). The initial maintenance fee is due within three months from the patent grant, and subsequent maintenance fees must be paid before the expiration date of the previous annual period.

Representation by a patent attorney is mandatory if the applicant does not reside in the Czech Republic for the PCT national phase entry.

You can find the list of Czech Republic IP firms here.