The judgment addresses the question of the scope of the co-inventors’ right to obtain a patent, prior to the grant of the patent. The Supreme Court presented the view that the substance of the co-inventors’ right to a patent allows them to use the invention in an unlimited way and, consequently, obliges them to settle any profits gained from the use of the invention between one another, even before the patent is granted. This is a landmark decision because it states that the substance of the right to a patent constitutes the expectancy of the rights resulting from a patent.

Case date: 11 February 2016
Case number: V CSK 331/15
Court: Supreme Court of Poland

A full summary of this case has been published on Kluwer IP Law.


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.


Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF