Patent represents the legal form of protection of an invention. For an invention to be patentable, several requirements have to be met: it has to be new, useful for industrial application and be a result of innovative process. Only such technical solution can be subject to a patent. It is not possible to patent a scientific theory, ideas, discovery, computer programs (those are protected under the copyright) or a method of medical treatment of humans or animals.
The patent right belongs to the creator of the invention – inventor, who can transfer this right further. In case of an invention by employee (similarly to economic rights of the author), the general rule is that the patent right is transferred to the employer.
The patent right is claimed by submitting a patent application. Before the submission of the application it is recommended to carry out a detailed research, as the conditions for granting a patent are (in contrast to e.g. utility design) thoroughly investigated during the proceeding before the registration office.
After the patent is granted, it representsan effective remedy means for its owner against copying of his technical solution by the competition. The protection is though valid for up to 20 years after the submission of the patent application. This term can be prolonged only in the case of so-called supplementary protection certificates (SPC’S). Those relate only to pharmaceuticals and plant protection products.
Patents, as well as other subjects of the industrial property rights – utility designs, industrial designs, trademarks – are governed by the territory principle. Patents are valid only where they are registered before registration (patent) office (it is Industrial property office for the Czech Republic).
It is possible to transfer patent to a third party or license its use. Patent is an important tool of commercialization of the intellectual property. However, with regard to the territory principle, the primary investments into the protection are very important.