Who is Eligible to File a Patent in Czech Republic
Any natural person or legal entity listed as an applicant in the PCT application may enter the Czech national phase. There are no nationality restrictions on applicants.
Applicants who do not have a domicile or registered office in the Czech Republic or another EU/EEA member state must appoint a Czech-qualified patent attorney or representative. AnalystIP works with experienced Czech patent attorneys to ensure full compliance and effective prosecution for foreign applicants.
Applicant identity must match the PCT application, or a valid assignment must be submitted.
Critical Deadline for Filing Patent in Czech Republic(30/31-Month Rule)
The Czech Republic applies a 31-month deadline from the earliest priority date for entry into the national phase from a PCT application.
This statutory deadline is strictly applied. Failure to enter the national phase within this period generally results in loss of rights, unless restoration is granted under limited circumstances.
Extension or Restoration After Missing the Deadline
Czech patent law allows for restoration of rights if the applicant can demonstrate that failure to meet the 31-month deadline occurred despite exercising all due care required by the circumstances.
Restoration requires:
- Filing a formal request for restoration
- Payment of official restoration fees
- Submission of detailed reasoning and supporting evidence
Restoration is discretionary and not guaranteed.
Filing Language for Czech Patent Application
Patent applications in the Czech Republic must be filed in Czech.
For PCT national phase entry:
- Applications may initially be filed in another language
- A full Czech translation of the description, claims, abstract, and Patent drawings(if text appears) must be submitted within the prescribed time limit
Translation accuracy is critical, as the Czech text defines the scope of enforceable rights.
Required Documents for Patent in Czech Republic
The following documents are required to enter the Czech national phase:
- Copy of the PCT application (as published)
- International Search Report (ISR) and Written Opinion (if available)
- Czech translation of the application
- Applicant and inventor details
- Power of Attorney (POA)
- A simple signed copy is sufficient
- No notarization, legalization, or apostille required
- Assignment document (if applicant has changed)
- Simple copy accepted
- Notarization is generally not required unless requested by the Office
A declaration of inventorship is not required at filing.
Czech Patent Search and Examination Procedure
The Czech Republic conducts a full substantive examination, assessing:
- Novelty/Patentability Search
- Inventive step
- Industrial applicability
- Sufficiency of disclosure
- Unity of invention
The examination relies on both international search results and the Office’s own search and analysis. This system provides higher legal certainty and strengthens the enforceability of granted patents.
Examination Process and Office Actions
After formal examination and publication, the application enters substantive examination. The Patent Office may issue office actions raising objections related to:
- Prior art
- Lack of inventive step
- Claim clarity or support
- Excluded subject matter
Applicants are given statutory deadlines to respond, amend claims, or submit arguments. Failure to respond results in refusal.
Well-handled examination significantly enhances the patent’s defensive and enforcement value.
Deadline for Request for Examination
A request for substantive examination must be filed within 36 months from the filing date (or Date of PCT Filing).
Failure to request examination within this deadline results in the application being deemed withdrawn.
Publication Process and Legal Impact
Czech patent applications are published 18 months from the priority date.
Publication provides:
- Public notice of the application
- Provisional protection rights (reasonable compensation may be claimed after grant)
- Increased transparency for licensing and investment discussions
Full enforceability begins only after the grant.
Grant Process and Enforceability
Once all examination requirements are satisfied, the patent is granted and entered into the Czech Patent Register.
Upon grant:
- The patent becomes fully enforceable
- Courts may grant injunctions, damages, and the destruction of infringing products
- Customs enforcement is available under EU regulations
Czech patents are frequently used in manufacturing, automotive, electronics, and mechanical engineering enforcement actions.
Validity Term
A Czech patent is valid for 20 years from the international filing date, subject to payment of annual renewal fees.
Supplementary Protection Certificates (SPCs) may be available for pharmaceuticals and plant protection products under EU law.
Typical Time to Grant a Patent in Czech Republic
The average time from national phase entry to grant is approximately:
Timelines depend on examination complexity, the number of office actions, and applicant responsiveness.
Annuities and Maintenance Procedure
Annual maintenance fees are payable starting from the 4th year, calculated from the international Patent filing date.
Late payment is allowed within a statutory grace period with a surcharge. Non-payment results in lapse of the patent.
AnalystIP provides centralized annuity monitoring and payment services to prevent unintentional loss of rights.
Official Government Fees for Filing a Patent in Czech Republic
Filing Fees (CZK)
| Fee Type | Amount (CZK) |
| National Phase Filing Fee | £2,000 |
| Additional Claims (per claim over 10) | 500 |
| Additional Pages (per page over 10) | 200 |
Examination Fees
| Fee Type | Amount (CZK) |
| Request for Examination | 3,000 |
| Accelerated Examination | |
Grant and Publication Fees
| Fee Type | Amount (CZK) |
| Grant Fee | Included |
| Publication Fee | Included |
Annuity Fees (Approximate)
| Patent Year | Fee (CZK) |
| 4th Year | £1,000 |
| 10th Year | £3,000 |
| 20th Year | £6,000 |
Utility Model Protection in the Czech Republic
The Czech Republic does provide utility model protection, often referred to as a “short-term patent.”
Key features:
- Faster registration
- Lower costs
- Maximum term of 10 years
- No substantive examination before registration
Utility models are commonly used for mechanical and incremental inventions.
Czech Property Office & Official Website:
Industrial Property Office of the Czech Republic (ÚPV)
Official Website: Czech Patent Office
