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The claim to increase a remuneration for an employee’s invention in the Polish legal system

The claim to increase a remuneration for an employee’s invention in the Polish legal system

Quite often our Clients approach us with questions concerning the regulations of  renumeration for employees’ inventions in the Polish legal system, particularly in the context of the claim under Article 23 of the Act of June 30, 2020 on Industrial Property Law (from now on as IPL). In this issue of the WTS Legal Report we would like to provide you with a detailed overview of this matter,...
Proceedings before the UPSTO: The continuation-in-part application

Proceedings before the UPSTO: The continuation-in-part application

We would like to present you the second entry in our cycle "Patents without Secrets” that is dedicated to regulations related to patent procedure in the American jurisdiction. Many of our Clients express their interest in seeking patent protection in the USA, therefore we would like to provide you with all the essential information regarding proceedings before the UPSTO. In the following...
The judgment of the CJEU in the Santen case: A new medical use of an existing product and an SPC eligibility

The judgment of the CJEU in the Santen case: A new medical use of an existing product and an SPC eligibility

When it comes to conditions of the grant of a supplementary protection certificate (SPC), we covered this matter in our previous Legal Report that was published over summer. We indicated that issues related to SPCs are a subject of extensive, continuously expanding caselaw of the Court of Justice of the European Union (CJEU). Whereas the last time we focused on the decision of April 30, 2020 in...
Proceedings before the UPSTO: a provisional patent application

Proceedings before the UPSTO: a provisional patent application

This is the first entry in our cycle "Patents without Secrets” that opens a series of articles dedicated to the American IP law. Many of our clients express their interest in seeking patent protection in the USA, therefore we would like to provide you with all the essential information regarding proceedings before the UPSTO. In the following article we invite you to explore the institution...
The conditions for granting an SPC: a product is covered by patent claims if it was identifiable at a filing date (the judgment of the CJEU in Royalty Pharma case)

The conditions for granting an SPC: a product is covered by patent claims if it was identifiable at a filing date (the judgment of the CJEU in Royalty Pharma case)

The conditions for granting a supplementary protection certificate (SPC) laid down in the EU law quite often raise some serious doubts and notoriously cause problems in practice. The Court of Justice of the European Union (CJEU) has frequently presented its position on that matter: the judgment in the case C-650/17 Royalty Pharma Collection Trust against Deutsches Patent- und Markenamt of April...
Supplementary Protection Certificate (SPC)

Supplementary Protection Certificate (SPC)

The post is available only in Polish.  
Deposit of Biological Materials

Deposit of Biological Materials

In this issue of the WTS Legal Report we would like to discuss a matter of great practical significance: Polish and international regulations concerning the deposit of biological materials. One of the grounds on which the Polish Patent Office can make a decision refusing patent protection is insufficient disclosure of an invention (Article 49 Section 1(2) of Act of June 30, 2000 on...