Patents – how to get them and what inventions can be protected
The concept of patent is defined as the right to exclusive use of an invention for a specified period of time in a profitable manner in the territory of a particular state or countries. It is granted by the competent state, provincial or territorial body. In addition to protection at the national level, the invention can also be protected throughout Europe by what is called a European patent.
● A patent is the right to exclusive use of an invention for a specified period of time in a profitable manner in the territory of a particular country or several countries.
● The Patent Office grants a national patent for a period of 20 years upon application.
● In order to ensure protection in Europe, it is necessary to register the invention with the European Patent Office, and at the international level – with the World Intellectual Property Organization.
Patents – What is and how long does patent protection last?
Pursuant to the Law of June 30, 2000 on Industrial Property Law which defines the concept, scope and method of granting protection, a patent for an invention is the exclusive right to use the invention for commercial or professional purposes throughout the territory of the Republic of Poland . The term of the patent is 20 years from the date of filing the patent application with the patent office, and the detailed scope of the invention is determined by the patent claims contained in the patent specification.
What inventions can be protected by patents?
What invention can be protected? An invention is a technical solution , which is new and has a creative step and is suitable for industrial use . An invention is considered new if it is not part of state of the art. The presence of an inventive step means that the invention is not clear from the state of the art for those skilled in the art. Industrial application in turn means that according to the invention it will be possible to obtain a product or use it in any industrial activity.
The legislator also stipulated that the patent related to the method of production also includes all products directly obtained by this method.
How do you get a patent?
According to industrial property law a patent is granted by the Patent Office . The patent is granted by an on-demand decision filed in person or by proxy. The application can be submitted to the Patent Office of the Republic of Poland, sent by mail, fax or via the electronic service platform of the Patent Office. Application is subject to a fee , the amount of which depends on the method of application. You also have to pay for every 20+ page of description, reservations, and graphics. Advertising on priority use is also subject to an additional fee.
The invention application remains published in the Patent Office Bulletin , so everyone can read the description of the invention and send any comments. After verifying that the application fulfills the conditions for obtaining a patent, the Patent Office issues a decision to grant a patent or to refuse to grant it . It is also possible to stop the proceedings if the applicant decides not to obtain the patent or fails to comply with the formal notification letter within the specified period.
Invention protection is subject to a fee. The condition for granting a patent is the payment of a fee for the first year of protection.
European and international patents
In order to assert protection in Europe, it is necessary to register the invention with the European Patent Office. The so-called European patent is granted on the basis of a single application and covers protection in all European member countries of the European Patent Organization. Most importantly, a European patent must be approved by the national patent office in each country for which protection is provided.
Applications for European patent protection can be submitted to the European Patent Office or the patent office of a country that is a party to the European Patent Convention. The detailed procedure for applying for European patents at the Polish Patent Office is defined in the Law of March 14, 2003 on the filing of European patent applications and the effects of European patents in the Republic of Poland.
In order to ensure the protection of the invention at the international level, it is necessary to submit a report to the World Intellectual Property Organization .
How to make money on a patent?
According to art. 67 of the Industrial Property Code is a transferable patent . How do you make money from a patent? It is possible to sell a patent protected invention. It must be remembered that the patent transfer agreement must be in writing, otherwise it is null and void.
Legal Dispositions: Law of March 14, 2003 on the filing of European patent applications and the effects of a European patent in the Republic of Poland, Journal of Laws 2003 No. 65 item 598, Law of June 30, 2000 Industrial Property Law, Journal of Laws 2001 No. 49 Clause 508,
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