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The right of priority (part 1): The transfer of the right of priority

The right of priority (part 1): The transfer of the right of priority

Priority is one of the fundamental institutions of industrial property law. We distinguish between the ordinary priority resulting from a proper application for the protection of an invention, industrial design or utility model in the Patent Office of the Republic of Poland (PPO) and the Convention priority — arising from an application filed in another country of the Paris Union or parties...
Post-filing data in the most recent case-law of the EPO

Post-filing data in the most recent case-law of the EPO

Can clinical trial results and other data confirming a specific technical effect of an invention be submitted after the patent application has been filed? In March 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a groundbreaking decision in case G 2/21, setting a standard for assessing the admissibility of post-filing data. In this edition of the Legal Report,...
The effect of the patent revocation versus the effect of the patent expiration

The effect of the patent revocation versus the effect of the patent expiration

Industrial property law knows two fundamental institutions that can result in the termination of patent rights: revocation and expiration. Both of these institutions, in Poland regulated in detail by the Act of 30 June 2000 - Industrial Property Law (hereinafter: IPL), have in common that they cause the intangible property protected by the patent to enter the public domain and become available...