Utility models provide their owners with exclusive rights over a technical solution. Unlike patent application proceedings, the process leading to registration of a utility model is generally much shorter and does not involve a substantive examination of novelty and inventive step of the claimed technical solution. In principle, all patentable technical solutions, with the exception of methods or processes and biological reproductive materials, may be protected as utility models. The maximum term of a utility model is 10 years following the date of filing.

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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.

Filing:

Similarly to a patent application, the filing date of a utility model application establishes the priority right with the following effects:

1. In the case when an application for the same technical solution is filed by a different applicant, the patent is granted to the applicant having an earlier priority right.
2. In the case when a utility model application/patent application for the same technical solution is filed abroad by the same applicant within 12 months following the date of the first filing, such application is regarded as if it had been filed at the date of the first filing.

Examination of Formal Requirements:

After filing a utility model application, the Industrial Property Office of the Czech Republic examines the application with regards to formal registration requirements (i.e. clarity, unity). No substantive examination relating to novelty or inventive step of the claimed technical solution is carried out.

Registration & Maintenance:

Once the examination of formal requirements is finished, the utility model is entered into the register. The basic duration of the protection conferred by a utility model is 4 years with the possibility of two extensions for 3 years each (i.e. a maximum of 10 years).