Patent rights and related infringing acts

Under the patentability criteria, the invention may have patent protection if it meets the requirements of patentability such as novelty, inventive step, applicable to industry and being from the scope of the subject matter. The classification between the inventor's right, the right to have a patent and the rights of patentee which are part of patent rights is based on the process from the development of the invention to until granting a patent. As a rule, an inventor has the right to have a patent. However, in the case of the joint invention, double invention and employee's inventions determination of who shall have the right to have a patent is differs from the general principle. After granting the patent, the patent owner has a monopoly on the invention and may exclude unauthorized third parties from using it. The scope of the rights of patentee must be determined by evaluating the results of limitations in favour of third parties. While the time limitation, the principle of territoriality, the public order and the restrictions arising from the regulation of SMK m. 85/3 constitute general exceptions on the patent protection, compulsory licenses, prior user's rights and exhaustion are exclusive exceptions to the rights of patentee. The infringement of the rights of the patentee shall be committed by a limited number of actions. Except for the infringement of the licensee according to the regulation SMK m. 141/1-d, the types of infringement actions have been classified in respect of the product and procedural patents.