We support our Clients during the process of obtaining a patent, beginning from thorough patent research, through preparation of application documentation for the Patent Office, and also undertaking all activities connected with maintaining a patent in force.
In case of infringements of patents, we support our Clients during proceedings before the Patent Office as well as common courts and administrative courts. We represent our Clients in proceedings, among others, in the following areas:
- Protection against acts of unfair competition.
- Protection against infringements of patents.
- Invalidation of patents.
A patent is an intangible asset of a business which may be effectively used for balance sheet purposes as well as for tax purposes. A patent may be also a subject of trade, including in-kind contribution, licence, sale. We advise our Clients especially on:
- Preparing strategies of invention (patent) protection.
- Valuation of patents.
- Possibilities of using patents in tax planning.
- Preparing licensing agreements, assignment agreements.
What may be a subject of patent protection?
Patents are granted for inventions which are new, which involve an inventive step, and which are capable of industrial application. Novelty of an invention is considered on a global scale. A relevant inventive step means that, according to an expert, a given solution does not result in an obvious way from the prior art.
What cannot be protected by a patent?
Patents are not granted for solutions which are not inventions (e.g. scientific theories, mathematical methods, methods of conducting business activity). What is more, patents are not granted for , among others, plant varieties, animal breeds, methods of treating people and animals using surgical or therapeutical methods, and inventions application of which would be contrary to public policy or principles of morality.
How long will patent protection last?
Generally, patent protection lasts 20 years from the date of submitting an application to the Patent Office. In the case of medicinal products and plant protection products, the legislator provided for a possibility of renewal of protection for subsequent 5 years, as a so-called additional supplementary protection certificate (SPC).