Patent

A patent protects the exclusivity of an invented and developed technical solution. Being a creator of a concept, or even having implemented a developed (often with difficulty) technical solution, does not give any protection against a widespread and uncontrolled copying by competitors.

A patent serves as a tool for building a dominant market position, limitation (by legal means) of competition, return of expenditures made on research or tests, it gives an opportunity to implement and market innovative solutions.

We offer solutions tailored to the needs of our Customers:

• legal and patent-related advice for entrepreneurs in terms of inventions (selection, protection, infringement and defence);

• research of the state of the art in relation to inventions;

• drawing up application documentation and handling the registration process necessary to obtain the final decision of the competent Patent Office (directly before UPRP, EPO, WIPO or through local agents in specific states)

• supervision over time limits of maintaining protection rights for inventions (national, regional and international),

• monitoring of registers held by the national Offices with regard to cases of infringement of patents for inventions,

• appraisal of inventions,

• transfer and licensing of inventions, including rights to works developed by an employee under an employment relationship,

• representation before the Patent Office of the Republic of Poland (UPRP), Provincial Administrative Courts (WSA), Supreme Administrative Court (NSA), common courts, including the Supreme Court, the European Patent Organisation (EPO) and the World Intellectual Property Organisation (WPIO/OMPI) with regard to patent infringement and exercising of rights under patents,

• handling civil and criminal proceedings related to patent infringement.

Validation and IPC Procedure

Following the grant of a European Patent, to obtain IP protection in Poland, local validation requirements have to be fulfilled within three months following the grant and publication of the European Patent by the European Patent Office (EPO).

Our experts will take care of all required actions:

• Filing of all documents required for obtaining EP validation in Pl

• Monitoring of the deadlines (official annual fees)

• Professional translation of the complete patent documentation

• Timely payment of any official fees

• Forwarding official correspondence and any other documents

• Handling the case throughout the entire procedure

• Reducing the burden of the validation procedure

• Standarised procedures and full transparency

• Professional data management by specialized IP software

• Providing a national address for service and forwarding any official communications during the entire lifetime of the patent

Poraj Law and Patent Office as well helps on every stage of PCT procedure for Poland and other countries of Patent Cooperation Treaty.

Invention

is a new technical solution involving an inventive step and susceptible for industrial application.

An invention is considered new if it does not form part of the state of the art, i.e. was not publicly disclosed anywhere in the world (including in a written or oral description, through application, presentation at an exhibition/fair etc.) before the date of first application. If the invention needs to be demonstrated to third parties before the application is made, a confidentiality agreement should be concluded.

An invention involves an inventive step (non-obviousness, importance of an invention) if it is not obvious to a person skilled in the the art (which means that the invention cannot be derived based on what is publicly known using simple logic, without any creative input).

In the light of the above, the following solutions are not regarded as involving inventive step:

• change in product size only to make it mobile;
• combination of a number of known solutions/elements (aggregation) if it does not lead to the creation of a new function of such a solution or yield a more advantageous final effect, compared to the partial effects of the components thereof;
• replacement of components applied with known substitutes.

Technical character: the nature of the invention should be defined by specific technical features/means that help differentiate the invention from solutions known in the state of the art.

Industrial application: the effect of the application must not be merely theoretical, it must be useful and repeatable in any industrial operation, i.e. any operation of a technical nature, including agriculture.

Utility model

this is a new and useful solution of a technical nature relating to the shape, structure, or a durable assembly.

A utility model is regarded useful if it helps to achieve an objective that has a practical significance in the making of objects (employing craft or industrial methods) and the use of products in line with the utility model.

A utility model is considered new if it does not form part of the state of the art, i.e. was not publicly disclosed anywhere in the world (including in a written or oral description, through application, presentation at an exhibition/fair etc.) before the date of first application. If the utility model needs to be demonstrated to third parties before the application is made, a confidentiality agreement should be concluded.

Note: utility models are not protected in every state, the scope of protection may also vary considerably depending on the state.

The protection of utility models stretches over the states covered in the application, it starts with the date of submitting the application to the competent Patent Office and its duration depends on the legislation in force in the specific state (it is usually shorter than in the case of patents for inventions, in Poland the maximum period of utility model protection is 10 years) and on submitting a request to extent the protection over the next periods of protection and making payments for said extension.