Patent case: Judgment of the Supreme Court of Poland

Kluwer Patent Blog
December 27, 2018

Please refer to this post as: , ‘Patent case: Judgment of the Supreme Court of Poland’, Kluwer Patent Blog, December 27 2018, http://patentblog.kluweriplaw.com/2018/12/27/patent-case-judgment-of-the-supreme-court-of-poland/


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.