In a decision handed down on October 23, 2013, the Polish Supreme Court confirmed that the Bolar exemption does not cover activities by third-party manufacturers, i.e. supplying active ingredients for studies and trials to be conducted by third-party generic manufacturers (court docket: IV CSK 92/13). Parallel proceedings in Germany are pending. We have reported before…
The Polish government’s enthusiasm for the EU patent package has seriously dwindled of late. It appears to have taken several steps back with respect to the implementation of a unified patent protection regime across Europe as a result of the heavy criticism of the EU patent reform at home. In particular, the UPC is still…
The Regional Court in Dusseldorf and the Polish Higher Regional Court in Gdansk have ruled in June and July 2012 that the Bolar exemption and the experimental-use exemption only apply to the testing entity and that a third party’s manufacturing and selling to the testing entity is not exempted.
The Polish Supreme Administrative Court invalidated a decision of the Polish Patent Office in which it refused to grant a patent for an invention related to digital electronics. The court held that the patentability requirements under Polish patent law, including the technical character of an invention, correspond to the patentability requirements specified in the European…
The Supreme Administrative Court stated that the patentability requirements used by the Polish Patent Office should be construed in compliance with the patentability requirements provided in the European Patent Convention (EPC), and held that the technical character of a computer implemented invention should be examined by applying a liberal interpretation of the patentability requirements adopted…
The Polish Supreme Administrative Court has recently recognized a contradiction between the decisions of the Polish Patent Office regarding computer-implemented inventions and the practice of the European Patent Office (EPO). However, it is too early to say for certain whether Polish administrative courts have definitely changed their approach to so-called software patents. In a recent…
The Polish Presidency put a lot of effort into the proposed regulation on unitary patent protection, the translation arrangements, and the court system for patent litigation. However, due to the lack of a common agreement among member states on the location of the central patent court, the signing ceremony of the uniform patent system scheduled…
The extent of protection conferred by a patent in Poland has its legal basis in the Polish Act on Industrial Property Law of 30 June 2000. According to Article 63 section 2 of the Industrial Property Law, the extent of protection conferred by a patent shall be determined by the scope of the patent claims….
Can a valid European patent be declared invalid in Poland? In other words, can a computer-implemented invention for which a European patent has already been granted be refused a patent by the Polish Patent Office? While this may sound contradictory, it is in fact common practice – not only in the Polish Patent Office but…
Imagine: Wouldn’t it be fantastic to have one single patent which you could apply for at the WPO, the World Patent Office? A World Patent, which would be valid worldwide and which could be enforced in each single country of the world with worldwide effect? Decisions of the national local chambers of the World Patent…
