Types of R&D achievements
A list of achievements for which IP protection and, successively, the TT process can be applied.
The information is based on a document publicly available
on the RVVI website.
P - patent
Definition:
A "Patent" is an invention for which an exclusive right to use it was granted:
- in the case of a Czech patent, by the Industrial Property Office under conditions stipulated by Act No. 527/1990 Coll., on Inventions and
Rationalization Proposals as amended;
- in the case of a European patent, by the European Patent Office (EPO) under conditions stipulated by the European Patent Convention;
- in the case of other patents, by the respective patent office under conditions stipulated by the respective legislation.
The result is a granted patent, which protects original research and development achievements made by the originator or a team with the
originator as its member. The achievement, therefore, can only be considered as an applied achievement of this type at the moment of the
publication of a notice of granting the patent in the respective patent register, or at the moment when the document certifying the granting
of the patent comes into force.
Patents are not:
- patent applications in any phase of a patent granting procedure;
- partial validations of a European patent;
- protection issued by the respective national patent office for a non-technical solution, mainly a plant species, design or software.
Fuzit – Utility Model
Definition:
A "Utility Model" is the implementation of original research and development achievements that were made by the originator or a team
with the originator as its member. The utility model is a technical solution which is new, exceeding the framework of a mere professional
skill and is industrially usable.
Only such technical solutions that are entered in the register of utility models administered by the Industrial Property Office can be considered
as a utility model. The details related to the application for a utility model, its registration and time of validity are laid down by
Act No. 478/1992 Coll., on Utility Models, as amended. As the Industrial Property Office does not investigate whether a utility model
was eligible for protection due to its novelty, uniqueness of design and creative level, the condition for granting the utility model protection
is whether, based on the technical design, the utility model is industrially usable, i.e. whether it can be repeatedly used in economic activity
(see provisions of § 5 of Act No. 478/1992 Coll.).
Fprum – Industrial Design
Definition:
An "Industrial Design" is the implementation of original research and development achievements that were made by the originator or
a team with the originator as its member. The industrial design is understood as the appearance of a product including, in particular,
distinctive features like lines, outlines, colours, shape, structure or materials of the product itself or its decoration. It is a designer
solution, i.e. a visually perceivable product quality, not its technical or structural essence. The product is an industrially manufactured
or crafted spatial or planar object, i.e. industrially manufactured of crafted object, including the parts for its assembly into one composite product,
packaging, layout, graphical symbol and typography sign.
It is an achievement granted protection under Act No. 207/2000 Coll., on the Protection of Industrial Designs and on changes to Act No. 527/1990 Sb.,
on Inventions, Industrial Designs and Rationalization Proposals, as amended.
Industrial Designs are not:
- computer programmes;
- separate graphic designs unrelated to a specific product;
- achievements not complying with additional criteria laid out in Frascati Manual, Part 2.
Fprum - Trademark
Definition:
The main purpose of a trademark is the ability to identify a product made by a specific manufacturer and distinguish it from other identical or similar
competitive products. Thus, anonymity is removed, and the image and reputation of company´s products defined. In this way, your company is seen
as more trustworthy and reliable by the consumers, which strengthens your position in the market. A trademark should be part of each high-quality
company portfolio as it can represent a valuable commercial asset of the company.
Fprum – Verified Technology
Definition:
A "Verified Technology" is the implementation of original research and development achievements that were made by the originator or a team
with the originator as its member. It is similar to pilot testing with the difference that there is a novelty applied in the production process
(technology). The condition is the testing (verification) of a technology based on a verification protocol and its subsequent putting into
production. Such a term can e.g. be used for an achievement which is the subject of an agreement on achievement implementation concluded
between the author (recipient or another participant) and the user of the achievement.
Fprum - Know-how
Definition:
The Czech legislation does not grant know-how any special protection. However, know-how can be protected as a trade secret, which is an institute
regulated by the Commercial Code. So that know-how may qualify for trade secret protection, it is absolutely necessary for the entrepreneur to be interested
in maintaining the know-how confidentiality and take adequate steps to keep it secret.
The entrepreneur´s interest in keeping know-how a trade secret can be expressed in different ways. This will can be incorporated in employment contracts,
one-sided non-disclosure agreements, internal guidelines, various commitment agreements, but also ensured by keeping related information confidential.
Maintaining the confidentiality of a trade secret is regulated by corresponding organizational, technical and other measures. In practice, they may involve
e.g. storing materials containing know-how information in a deposit box or in a bank vault, preventing unauthorized access to some workplaces,
restricted access rights to documents containing know-how, encoding, etc.
The burden of evidence related to the compliance with these measures lies with the entrepreneur whose know-how is protected as trade secret information.
Unfortunately, entrepreneurs are often unable to prove in court that they have efficiently ensured their know-how confidentiality using all technical
means available. Consequently, they do not succeed in their claims for protection against the disclosure or a violation of a trade secret.
Fprum - Prototype
Definition:
A "Prototype" is the implementation of original research and development achievements that were made by the originator or a team with the
originator as its member. It is a more complex industrial product, manufactured as one piece to verify the properties of its construction in practice
or in a testing laboratory before launching its series or mass production. Only a product whose development was the objective of a project
of applied research, experimental development and innovations or other applied Research, Development and Innovation activities can be considered as such
an achievement.
Fprum – Certified Methodology
Definition:
A "Certified Methodology" is the implementation of original research and development achievements that were made by the originator or a team
with the originator as its member.
It is an achievement whose author has elaborated a methodology (where novelty methods are the necessary condition) which was approved by the respective state
administration body and recommended for use in practice.
R - software
Definition:
"Software" is a programme or a set of machine instructions to ensure the running of a computer or other hardware, including machines and devices
and their interaction with the surrounding environment. "Software" is the implementation of original research and development achievements that were
made by the originator or a team with the originator as its member. The condition is the novelty and uniqueness of the software design, which can be
supported by the achievement´s technical documentation. Software must bring such an element of innovation and progress in the area of computer programmes
that increases the existing volume of knowledge. Using the software for a new application or for a new purpose by itself, however, cannot represent such
progress.
Software can be e.g.:
- development of new operating systems and languages;
- design and implementation of search engines based on original technologies;
- effort to solve conflicts of hardware or software based on the system or network transformation process;
- creating new or more effective algorithms based on new techniques;
- creating new and original systems of coding or security techniques.
Software is not:
- development of business applications software and information systems using known methods and existing software tools;
- adding user functions to existing application programmes (including basic input data functionality);
- creation of web pages or software using existing tools;
- using standard methods of coding, security verification and testing of data integrity;
- product adjustment for specific use, unless knowledge substantially improving the basic programme is added during this process;
- routine tuning of existing systems and programmes, unless this happens before the end of the experimental development process.
