Patents shall be granted – irrespective of the field of technology – for inventions which are new, involve an inventive step and are suitable for industrial application. A patentable invention defined in this way must be a technical solution.
An invention is considered new if it is not part of the state of the art.
The state of the art is understood as everything that, prior to the date according to which the priority to obtain a patent is determined, has been made available to the public in the form of a written or oral description, by use, issue or other disclosure.
Novelty is assessed in respect to the entire World.
An invention is considered to involve an inventive step if the invention is not obvious to a person skilled in the art from the state of the art.
An invention is considered suitable for industrial application if, according to the invention, a product can be obtained or a method used, in the technical sense, in any industrial activity, including agriculture.
By obtaining a patent, you acquire the right to exclusive use of the invention for profit or professionally throughout the territory of the Republic of Poland.
The scope of the patent is determined by the patent claims contained in the patent description. The description of the invention and the drawings may be used to interpret the patent claims.
The duration of the patent is max. 20 years from the date of submitting the invention application to the Patent Office – if the fees for the next year of protection are paid every year.
In the first place, it is recommended to conduct a patentability search of the invention. The search is not obligatory.
The purpose of a patentability search is to find relevant prior art and to analyze those search results to make an informed decision on whether to proceed with patenting.
There is no “EU” patent.
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