Právní a ekonomické aspekty výkonu povolání patentového zástupce
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Vysoká škola báňská – Technická univerzita Ostrava
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The thesis deals with the evaluation of the legal and economic aspects of practicing the profession of a patent attorney within the system of industrial property protection. The aim of the thesis is to assess whether this profession represents an effective tool for companies in protecting innovations, or rather an administrative and economic burden. The theoretical part defines the basic principles of intellectual property law, the conditions for patentability, and the institutional framework of protection at both national and international levels. It also includes an analysis of the legal regulation of the patent attorney profession in the Czech Republic, including their rights, obligations, and conditions for practicing, supplemented by a comparison with selected foreign systems. The practical part focuses on the economic analysis of the costs and benefits of patent protection and on the role of the patent attorney in optimizing these factors. Through a case study of a fictitious company, the course of patent proceedings is demonstrated, and based on statistical data, the success rate of applications filed with and without professional representation is compared. The thesis further employs PESTLE and SWOT analysis methods to identify key factors influencing the performance of this profession and their future trends, such as digitalization and the rise of artificial intelligence. Based on the conducted analysis, the thesis concludes that the professional activity of a patent attorney significantly contributes to the effective protection of innovations, reduction of procedural risks, and increase in the economic value of intellectual property.
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Patent attorney, industrial property, patent proceedings, patent, intellectual property, economic aspects