industrial property office of the czech republic the business methods and software implementations...

INDUSTRIALPROPERTY

OFFICE

Of theCzech Republic

The Business Methods and Software The Business Methods and Software Implementations in the Inventions Implementations in the Inventions and the Utility Models in the Czech and the Utility Models in the Czech RepublicRepublic

The Business Methods and Software The Business Methods and Software Implementations in the Inventions Implementations in the Inventions and the Utility Models in the Czech and the Utility Models in the Czech RepublicRepublic

Jan Mothejzik, Patent Department

INDUSTRIAL PROPERTY OFFICE of the Czech RepublicINDUSTRIAL PROPERTY OFFICE of the Czech Republic

WWW.UPV.CZWWW.UPV.CZWWW.UPV.CZWWW.UPV.CZ

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About meAbout me

• Examiner (electro and mechanical department)Examiner (electro and mechanical department)

• Long time experience in computer field, Long time experience in computer field,

but only a little more than 1 year at thebut only a little more than 1 year at the

Industrial Property Office of the Czech Industrial Property Office of the Czech

RepublicRepublic

• Not so well experienced in this branch, Not so well experienced in this branch,

as there are not so many cases in as there are not so many cases in

the Czech Republic (Small Country)the Czech Republic (Small Country)

The Business Methods and Software Implementations in the Czech RepublicThe Business Methods and Software Implementations in the Czech Republic JAN MOTHEJZIK

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Industrial Property Office of the Czech Republic – global statistics

Industrial Property Office of the Czech Republic – global statistics

4 900 - 900 applications per year (last 10 years falling)

from 10 to 90 % domestic (rapid growth)

Inventions and PatentsInventions and Patents


Utility ModelsUtility Models

1 100 – 1 400 applications per year (last 10 years)

(more than 90% domestic)

(Data Source: Annual Report 2009 of the IPO Czech Republic)

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Conditions of protection by the Patents and the Registration of Utility Models in the Czech

Republic

Conditions of protection by the Patents and the Registration of Utility Models in the Czech

Republic

Basic Czech laws for protection of technical solutions:Basic Czech laws for protection of technical solutions:

- Law No. 527/1990 Coll., on Inventions and Law No. 527/1990 Coll., on Inventions and

Rationalization Proposals, as amended,Rationalization Proposals, as amended,

Very similar to EPC (European Patent Convention).Very similar to EPC (European Patent Convention).

- Law No. 478/1992 Coll., on Utility Models, as Law No. 478/1992 Coll., on Utility Models, as amendedamended


§§§§§

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Number of selected applications

in Czech Republic (source: on-line database of Czech Inventions and Utility Models)

Number of selected applications

in Czech Republic (source: on-line database of Czech Inventions and Utility Models)

Criteria of searching:Criteria of searching:- bby keywords in the Title y keywords in the Title

(database, software, business models, business (database, software, business models, business methods, program)methods, program)

Results:Results:- Most of the applications found are in these classes:Most of the applications found are in these classes:

G06F (G06F (6868), G05B (), G05B (3838), G06Q (), G06Q (1414))

Note: All applications in class G06Q Note: All applications in class G06Q and its sub-classes and its sub-classes are 94 in CZ.are 94 in CZ.


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Number of selected applications in Czech Republic (continued)


385 500 applications since 1919

(Both domestic and foreign)

TotaI number of applications in CZ database:TotaI number of applications in CZ database:


Applications selected by keywords:Applications selected by keywords:

163 applications (1960 - 2008)

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Domestic Foreign TOTAL

Inventions 95 46 141

Utility Models

18 4 22

TOTAL 113 50 163

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Number of selected applications in the CZ divided by status

Number of selected applications in the CZ divided by status


other3%

New+public11%

Negative29%

Grant57%

Type of Status #

New + public 18

Grant 92

Negative 48

Other 5

TOTAL 163

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0

2

4

6

8

10

12

14

16

18

20

Year

Ap

pli

cati

on

s

1960 19631964 19711972 19731974 19751977 19801981 19821983 19841985 19861987 19881989 19901991 19921993 19941996 19971998 19992000 20012002 20032004 20052006 20072008

Number of selected applications in the Czech Republic per year

1960

1986

2000

2007

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Number of Applications in EPODOC selected by the same keywords

Number of Applications in EPODOC selected by the same keywords


For comparison:

In CZ database is 163 Applications

In EPODOC database is about

61000 Applications

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Main difficulty in recognizing granted Inventions or Utility Models for registration in section „Business Methods“ and „Software

-Implemented“

Main difficulty in recognizing granted Inventions or Utility Models for registration in section „Business Methods“ and „Software

-Implemented“


The Invention must be of „technical character“

but

No general definition of „technical“

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Main difficulty (continued)Main difficulty (continued)


For instance:

Business model of E-shop system

Business model of Mobile phone shopping system

etc...

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Main difficulty (continued)Main difficulty (continued)


Solution:

? ? ?

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Solution for (but not only for) smaller countrySolution for (but not only for) smaller country

- Take a part on similar seminars as on this oneTake a part on similar seminars as on this one

(e.g. EPO seminar Computer-implemented (e.g. EPO seminar Computer-implemented Inventions, Munich, May 2010)Inventions, Munich, May 2010)

- Study relevant cases in EPO documentsStudy relevant cases in EPO documents

- Discuss with colleaguesDiscuss with colleagues

- Have personal opinion (own point of view)Have personal opinion (own point of view)


INDUSTRIALPROPERTY

OFFICE


Thank you Thank you for your attentionfor your attentionThank you Thank you

for your attentionfor your attention


Jan Mothejzik

[email protected]

industrial property office of the czech republic the business methods and software implementations...

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