Patents

A patent protects an invention, a new, previously unknown solution to a technical problem.

Patents are granted for inventions that involve an inventive step and are capable of industrial application. A patent can be granted for a technical solution defined by patent claims. Patents can be granted for inventions in various fields of technology. Only technical solutions can be protected by a patent.

What can't be protected by a patent?

Aesthetic solutions, such as the appearance of products and their packaging, design, and works of applied art, cannot be protected by patents.

The visual layer can be protected

Protection of the design

Laws protecting copyrights and fair competition.

Before drafting patent documentation, it is necessary to perform an analysis of the conditions for protection. Not all solutions can obtain patent protection.

First, there are state-of-the-art examinations. State-of-the-art research includes everything that has been communicated to the public in written or oral form. Technical solutions applied in practice, inventions exhibited at fairs and presented at conferences and those described in specialist literature are analyzed. The research aims at determining what has existed on the market and what solutions were known and applied. As a result of an examination of the state-of-the-art, a report is prepared, pointing to similarities and potential threats, as well as technical solutions that may be obstacles to obtaining protection.
Secondly, there are patent purity studies. The patent purity analysis focuses on already existing, previous solutions. It allows answering a question of whether the developed solution does not infringe the rights of others' and does not encroach on the monopoly protected by granted patents.
Thirdly, a patentability examination should be conducted. Patentability assessment aims at checking whether the legal prerequisites for granting a patent are fulfilled. Not all technical solutions can be protected by a patent. The result of the patentability examination is the answer to the question of whether a technical solution (invention) can be applied for protection.

If the state-of-the-art examination, patent purity examination and patentability examination are successful, we proceed to prepare documentation, including a patent description.

The invention description should include:

The title of the invention...

which precisely and concisely defines the purpose of the invention, the title must be devoid of any fancy names which may be protected as a trademark.

State of the art...

known to the applicant and useful for understanding the invention, especially its novelty and inventive step;

The field of technology to which the invention relates.

The possible beneficial effects of the invention concerning state of the art to date,

The disclosure of the invention...

following the claims of the patent, in such a way that both the technical problem, even if not explicitly presented, and its solution is understood.

A clear indication of an industrial application of the invention...

if it does not follow obviously from other parts of the description or the nature of the invention.

Figures of drawings if the invention application contains drawings,

at least one example of implementation of each invention...

covered by the application concerning the drawings - if the invention application contains drawings.

The application for a patent for an invention is addressed to patent offices of the countries where the applicant would like to obtain protection.

The costs of granting and maintaining protection for an invention vary greatly.

For your reference, it can be pointed out that according to the current regulations, in the case of filing an application for patent protection with the Polish Patent Office you should pay, among others:

Application fee for one invention

400 PLN

A fee for the 21st and each subsequent page of the patent description

25 PLN

for each page

fee for the first period of protection, i.e. from the first to the third year

480 PLN

Stamp duty on power of attorney

25 PLN

for each application

Opłatę za pierwszy okres ochrony, to jest od pierwszego do trzeciego roku

480 PLN

Remuneration for patent attorney's services, including state-of-the-art examination:

the patent purity examination and patentability examination.
preparation of patent description and patent application and representation in patent prosecution should be added to the above fees.
Costs of examination and assistance of a patent attorney in preparation of an application and representation in the proceedings are established individually.

due to a considerable workload remuneration

starts at 5000 PLN net.

Patent holders have a monopoly.

In which they can use the patented invention themselves, apply it freely, derive benefits from it and dispose of it.

A patent is granted for a maximum of 20 years.

This period counts from the date the application is filed with the patent office. A patent for an invention grants a monopoly of a technical solution in the territory of the country or region where it is granted. A patent protects the technical solution described in the claims of the patent in the so-called essential part.

If a patent is infringed, the owner can demand, among other things, that the infringement ceases, that the damages be compensated and that the profits made by marketing the infringing products be surrendered.

Here you can find information on how to proceed in case of patent infringement:

IP disputes and litigation

The use of the invention by others is only possible with the owner's permission.

The patent owner can contractually authorize (license) another person to use one's invention. A patent as any other property can also be traded, sold, leased, borrowed, contributed to a company or used as security for claims. We advise our Clients on how to use the industrial property.

We advise our Clients on how to use the industrial property.

More information can be found here:

IP consulting