I. GENERAL INFORMATION
The World develops at a breathtaking pace. New machines, devices or technologies are created every day. Our legal system guarantees protection of new solutions in forms of patents. Having acquired protection of an invention you maintain the exclusive right for its use in a professional way, or for a consideration, for 20 years as of filing an application in the Patent Office. Without your consent nobody can use the patent.
Patents are granted – irrespectively on the field of technology – for inventions, which are new, possess a level of invention and can be used in industry.
An invention is considered as new if it is not a part of the state of the art.
An invention is considered as possessing the level of invention if such invention does not clearly originate, for an expert, from the state of the art.
An invention is considered as suitable for industrial application if according to this invention a product can be obtained or method used, in the technical sense, in any industrial activity, not excluding agriculture.
A patent, being an intangible asset, can be a subject of lien. The patent is negotiable instrument and can be inherited. Possessing a patent you can conclude a licence agreement for its use, which will give you an extra incentive.
II. HOW TO GET A PATENT
1. Selection of Attorney
It is well worth to use the services, in Patent Office proceedings, of a patent attorney, who will act as your attorney and prepare in a professional way the application documentation so that the protection scope be as broad as possible.
According to article 236 The Industrial Property Law Act (Official Journal of Laws No 119, Section 1117): “An attorney of any party in the proceedings before the Patent Office in any cases associated with filing and consideration of applications and maintenance of protection for inventions, trade marks (…), can only be the patent attorney”.
Any citizens of foreign countries and foreign companies can proceed before the Patent Office of the Republic of Poland only via patent attorneys having fixed abode in Poland.
The patent attorney is authorised to act in the capacity of an attorney before the Patent Office, Chamber of Appeal, Courts of Justice and any other bodies in matters associated with industrial property protection.
The Power of Attorney required by the Patent Office shall be made by the Patent Attorney’s Office and signed by a person authorised to represent the company.
Using services of our Office you may rest assured that we will handle your case in a comprehensive and professional way. All payments associated with invention protection will be signed by our Office, which will be very important for you because you’ll be getting many calls for payments by companies encouraging you to put your invention in their private registers under cover of linking with protection in Polish Patent Office, WIPO or EUIPO. Thanks to comprehensive service provided by our Office you will avoid such undue payments.
2. Documents needed for patent acquisition
In order to efficiently and quickly go through the invention patenting procedure you will need:
- Home address – if the applicant is a natural person
- TIN and company registration numbers
- Inventor particulars – if it is person other than the applicant
- Invention technical drawings, best of all in electronic form, in JPG, PDF formats (if you don’t have technical drawings the Office will commission making them)
- It would be beneficial, if you had the invention description with particulars of any earlier devices, based on which your invention was created (however, possession of such description is not absolutely necessary).
During a meeting the inventor or applicant will provide all the essential information on the invention design and/or operation.
The Power of Attorney and essential orders are drafted by the Office.
3. Invention examination procedure
The next stage of invention protection acquisition is examination of its patent capability by the Patent Attorney’s Office. Such examination is not compulsory but it gives the applicant a number of benefits:
- Thanks to this examination you will avoid the costs associated with filing of the invention, which would stand no chance for protection. The invention registration procedure takes several years and the Patent Office does not reimburse the charges incurred for filing application of an invention, which cannot be protected.
- You will be able to implement changes in your invention, which will make possible or facilitate acquisition of protection and which could not be implemented after filing the application at the Patent Office.
- You will avoid or mitigate the costs associated with any necessity to defend the invention against Patent Office’s objections as to its lack of registrability or limitation of its protection.
- You will avoid a possibility of conflict with owners of similar but already registered inventions.
4. Selection of the patent procedure
Invention protection pertains to a specific territory. To acquire a patent you can use the national procedure thanks to which your patent will be protected in the territory of given country. In Poland patents are granted by the Patent Office having its registered office in Warsaw.
To acquire protection in territories of other countries you can avail yourself of:
- Individual invention application in given country, which procedure shall be effected by the Patent Attorney’s Office via partner offices in given countries;
- Filing invention application in many countries worldwide through PCT or the European Patent Procedure.
5. Patent acquisition
Once the patent is awarded, relevant office will issue the Patent Document, which is a document confirming acquisition of protection for given invention. The document indicates the date as of which the invention is protected, number of the right awarded, patent owner, patent inventor, patent description together with drawings.
The patent will be protected for 20 years. After expiry of this period its protection expires.
The Patent Attorney’s Office of Aneta Balwierz-Michalska will take care of timely payment of fees for subsequent protection periods.