According to art. 24 of P.W.P. Law It states that “patents are granted – irrespective of the field of technology – for inventions which are new, have an inventive level and are suitable for industrial application”. The duration of protection for the invention is 20 years from the date of filing at the patent office. Found images for patent query

Patents shall not be granted for:

  • Inventions the exploitation of which would be contrary to public policy or to good morals; It is not considered to be contrary to public policy the use of an invention merely because it is prohibited by law;
  • Varieties of plants or animal breeds and purely biological means of plant or animal husbandry; This provision shall not apply to microbiological methods of farming or to products obtained by such means;
  • Ways of treating humans and animals with surgical or therapeutic methods and the means of diagnosis applied to humans or animals; This provision does not apply to products, in particular substances or mixtures used in diagnosis or treatment.
  • Ways of treating humans and animals with surgical or therapeutic methods and the means of diagnosis applied to humans or animals; This provision does not apply to products, in particular substances or mixtures used in diagnosis or treatment.

Act of 30 June 2000r. Industrial property rights (i.e. Oj of 2003 R. No 119, item. 1117 as amended. D.)

Act P.W.P. Introduced a number of novelties, the most important of which are:

  1. State of the art report – carried out by the Patent Office of the Republic of Poland and transmitted to the ZGŁADZAJĄCEMU shortly after notification of the/do 4 months/,
  2. Up to 6 months from the date of the patent, the opposition may be filed (the patent shall expire 20 years from the date of notification),
  3. The patent is not affected by:-The use of the invention for research and experimental purposes, for its assessment, analysis or teaching,-the use of the invention, to the extent necessary, for the performance of the activities under which the legislation is Required to obtain a registration or permit which is a condition for the marketing of certain products by reason of their intended use, in particular pharmaceutical products,
  4. The provisions do not exclude the possibility of patenting an invention concerning a new use of a known substance (forming part of the state of the art) or the use of such a substance to obtain a creation new application,
  5. The application of an invention may cover one or more inventions linked together in such a way that they represent clearly one inventive idea (uniformity of the invention). Several of the inventions included in one notification meet the uniformity requirement if their combination is based on one or more of the common or interconnected technical characteristics of those which define the relied inventions and They decide on the contribution your by them to the state of the art.

Precedence

Article. 4 of the Paris Convention for the Protection of industrial property, which was adopted on 20 March 1883. introduced the possibility to avail of the so-called. Prior priority. Prior priority can be exercised by filing an invention within 12 months from the date of the first valid foreign notification or within 6 months from the date of issue of the invention at the exhibition.


The data and documents needed to make the application of the invention:

  1. The surname and forename or name, address or registered office of the declarant and the tax identification numbers of the tin as well as the social Security number or REGON identification number if the declarant has
  2. Title of Invention
  3. Description of the technical solution which is the subject of the invention
  4. Sketches or drawings (if necessary) – Format A-4, without frame and title block,
  5. Name, forename and address of the inventor
  6. Stating the basis for the right of the declarant to obtain a patent (if the declarant is not the creator),
  7. Priority data (date and number of the foreign application made, the date of opening of the exhibition and the certificate issued by the Commissioner of the exhibition),
  8. Document of the mandate, signed by the Notifier or his authorized representative, given by name, surname and function)
  9. The document which is the basis of the declarant to make the application, if the declarant is not the creator,
  10. Hdokument priority (when the applicant applies for precedence)

Note: Documents 8, 9, 10 may be delivered at a later date