European Patent (EPO) Validation in Czech Republic

1. Terms for patent validation in Czech republic

The period for filing the translation in 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin. Extension of the time limit is possible after grant, by 3 months, upon payment of a fee in amount of 3.000 CZK.

The publication fee is deemed to have been paid only when proof of payment has duly been provided. The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

The translation must contain:

  • the name and address of the applicant;
  • the EP application and publication number;
  • the title of the invention in Czech.

2. Conditions for patent validation in Czech Republic

2.1 Translation – Czech republic has enacted provisions under Article 65(1) EPC and requires a translation of the complete European patent specification if the European patent has not been granted in one of their official languages.

  • For provisional protection: it is required a translation of the complete patent specification, in Czech.
  • After grant: a translation of the patent specification into Czech must be supplied. Due date is 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin. The time limit may be extended by 3 months upon payment of a fee in amount of 3.000 CZK.

2.2 Payment of patent validation and national registration fees:

There is a special fee to be paid: 500 CZK. Due date for the payment is the date on which translation is filed. The translation is not published until the fee has been paid.

3. Effect of the European patent as a national Czech patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in Czech Republic

  • Due date: anniversary of date of filing.
  • Earliest possible date for payment: payment may not be made more than 12 months before due date.
  • Period of grace for payment of fees (with surcharge): 6 months from due date.
EPO annuities -Czech Republic – EUR
Year Cost Fee Total Surcharge for late payment:
1 41 50 91 41
2 41 50 91 41
3 41 50 91 41
4 41 50 91 41
5 82 50 132 82
6 82 50 132 82
7 82 50 132 82
8 82 50 132 82
9 123 50 173 123
10 163 50 213 163
11 245 50 295 245
12 327 50 377 327
13 408 50 458 408
14 490 50 540 490
15 571 50 621 571
16 653 50 703 653
17 735 50 785 735
18 816 50 866 816
19 898 50 948 898
20 980 50 1030 980

In case that your patent was filed not as EPO (European patent) patent but as PCT (WIPO, international patent), in order to obtain the protection on the national level, you may need to open to your patent to the national phase in the Czech Republic.