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Claims available in the scenarios of patent infringement

In this article, we have gathered for you essential information regarding claims that are available in Polish legal system in cases of patent infringement: we are presenting their catalogue with brief descriptions, emphasizing particular possibilities and limitations in terms of their enforcement. At the beginning, it should be mentioned that the relevant provisions of the Act of 30 June 2000 -...

Unified Patent Court: an opt-out

In 2023, we will witness a major transformation in the landscape of industrial property protection in the European Union. The work relating to the launch of the unitary patent system is entering its final stage. As soon as on 1 April 2023 the Unified Patent Court (UPC) is supposed to become operative. The European Patent Office (EPO) indicates at its website 1 June as the date of the official...

Patent pools

Patent pools, in brief, constitute an agreement between two or more patent holders who share their patents between themselves or with third parties. In this article we would like to introduce you to this issue, paying attention in particular to purposes for which patent pools are set up and to challenges related to their assessment from the point of view of anti-competition law. ...

Criminal sanctions in Polish Industrial Property Law

The importance of including all the inventors in the patent application cannot be overemphasized. This is the lesson that scientists from Broad University have learnt the hard way when the institution’s European patent EP2771468 for a groundbreaking CRISPR/Cas9 technology was invalidated by the EPO in 2018. The decision was handed on the grounds of the omission of Professor Luciano Maraffini...

Sequences of Genes as Inventions

In this article, we would like to discuss one of the issues that involves the patent law regulations in the area of biotechnology. Is it possible to grant a patent for a sequence of a gene? In other words, would it be possible to treat genes as inventions and if yes, then what conditions should be fulfilled for such a classification? The debate on this subject is full of controversies. At...

Unified Patent Court: Representation of Parties to Proceedings Before the Unified Patent Court

The launch of the Unified Patent Court (UPC) is quickly approaching. With 24 EU Member States within its jurisdiction, it will be exclusively competent in matters relating to validity and infringements of the European patents with unitary effects, European patents and supplementary protection certificates granted for inventions protected by such patents. We have previously indicated in our...

Licensing agreements and other technology transfer agreements and the competition law

As we can read in “Patent Law” by Professor Du Vall, the economic and social rationales behind the IP law and the competition law are to a considerable degree convergent: “they are supposed to contribute to ensuring benefits for consumers and the effective allocation of the means of production”. The relation between these two fields of law remains, however, rather complicated: the...

SPC Manufacturing Waiver

The subject of the supplementary protection certificate (SPC) has already been featured in a number of our publications. The essential basic information about SPC can be found in one of the first entries in our series “Patents Without Secrets” (No. 7/2020 — available only in Polish language). We have also covered for you the case-law of the CJEU clarifying the conditions for granting of...

Know-how: the protection of trade secrets

Know-how, technological knowledge developed by an enterprise in a particular field, is not protected under the industrial property law, and yet it might play a considerable role when it comes to keeping inventions safe from unauthorized use by third parties. In this article we will present you the definition of know-how, as well as a catalogue of claims that an entitled person can raise in case...

Patent linkage in the proposed amendment to the Polish Reimbursement Act

In Poland, the work on the amendment of The Act of 12 May 2011 on the Reimbursement of Medicines, Foodstuffs Intended for Particular Nutritional Uses and Medical Devices is currently in progress. The project developed by the Ministry of Health was published in the Public Information Bulletin of the Government Legislation Center on 30 June 2021. On the same day, an invitation to public...

The Unified Patent Court: Protective Letter

The preparations for the launch of the Unified Patent Court (UPC) are currently in progress. An international court that would be exclusively competent in matters of validity and infringements of unitary patents as well as European patents granted by the EPO, will start functioning in late 2022 or early 2023. The emergence of the UPC will dramatically change the landscape of industrial property...

Doctrine of Equivalents

In our previous article in the cycle “Patents Without Secrets” we discussed the available methods applied in interpretation of patent claims, pointing out to some characteristic discrepancies occurring between the manner of construing claims in the Polish legal system (the Act of 30 June 2020 - the Industrial Property Law (IPL)) and on the grounds of the Convention on the Grant of European...

Infringements of second medical use patents: an overview of the selected case law

The matter of the protection of new medical uses is one of the most controversial and the most often discussed subjects in patent law. In one of our previous articles in the cycle “Patents Without Secrets” concerning fundamental aspects of the protection of second and further medical uses (“New medical uses: the basic information,” Patents Without Secrets No. 4/2021) we made a promise...

Interpretation of Patent Claims

The extent of the protection conferred by a patent is determined by claims included in the patent description. This rule finds expression in Article 63 Section 2 of the Polish Act of 30 June 2000 — the Industrial Property Law (IPL); the provision in question specifies that the description and drawings can be used for the interpretation of claims. Despite seemingly unambiguous wording, this...

The New EPO Guidelines: An Overview of the Key Changes

Since March 1, 2021 new Guidelines of the European Patent Office (EPO) are in force. Until now, such an update tended to take place annually in November; this shift in calendar is consistent with a broader plan of reforms related to the Strategic Plan 2023 being currently implemented by EPO, which among its key initiatives lists fostering social dialogue and engaging stakeholders. The new...

The Debate on the Waiver of Patents for Vaccines Against SARS-CoV-2

The subject that we have already written about in our previous Legal Reports — the suspension of patent protection for vaccines against the SARS-CoV-2 virus (see: Patent rights: an obstacle for development of a vaccine against COVID-19? (WTS Legal Report No. 15/2020) and What is permitted under the TRIPS Agreement when it comes to the scarcity of SARS-CoV-2 vaccines? (WTS Legal Report No....

New medical uses: the basic information

The patentability requirements have already been extensively covered in our publications: let us remind you that according to Article 24 of the Act of 30 June 2000 - Industrial Property Law (hereinafter: IPL), patents are granted for inventions that satisfy the criteria of novelty, inventive step, and industrial application. As for novelty, more detailed rules for its assessment are provided...

Patent licensing

Under Article 66 Section 2 of the Act of 30 June 2000 - Industrial Property Law (hereinafter as IPL), a patent holder can give to another person a contractual authorization (a license) to use their invention (a licensing agreement). In this article in the series "Patents Without Secrets" we would like to present you the key information regarding licensing agreements in the Polish patent law:...

What is permitted under the TRIPS Agreement when it comes to the scarcity of SARS-CoV-2 vaccines?

In last December we published an issue of our Legal Report concerning the legal aspects of development of vaccines against the SARS-CoV-2 virus. We wrote in it about the race of pharmaceutical companies — at that moment back then only several weeks had passed since Moderna and Pfizer submitted first motions for emergency authorisations of their products and the optimistic news about...

The extended scope of patent rights: Articles 64 and 65 of the IPL

The most recent posts in our cycle "Patents Without Secrets" concerned the limitations to patent rights; this time we would like to present you the other side of the coin: namely, situations wherein the legislator allows for the extension of the scope of protection. In other terms, we would like discuss in which cases we will be dealing with the indirect patent protection. The indirectness of...