uzyskanie patentu prawo ochronne mechanika biotechnologia elektronika chemia


Patents and utility models
When protection is not granted
Utility model - a „petty patent” or “innovation patent”

“Inventions are seeing what everybody else has seen, and thinking what nobody else has thought.”
Albert Szent-Györgyi von Nagyrapolt

Patent law is a necessary element of technological progress, as new and innovative solutions are used in every branch of science. Although there is a saying that patenting each and every new technological solution delays industrial development, it is hard to imagine that someone devotes an awful lot of time and money to scientific research, without securing exclusive rights to enjoy the proceeds from using the research results.
This is why the team of our patent attorneys specialized in the field of mechanics, biotechnology, electronics and chemistry know how to handle the initial stage prior to application, in order to ensure optimum protection of a given invention and utility model.

We offer:
Comprehensive services in the scope of getting a patent for an invention and protection of utility design, including the examination of prior art, registration and maintenance of exclusive protection rights.

Territories we cover:
Following a definition of optimum protection strategy, we apply on behalf of the client for protection of a given invention by means of a patent:
– to the Polish Patent Office under the national procedure
– to European Patent Office (EPO) under regional (European) procedure
– under PCT procedure. The procedure is carried out based on the Patent Cooperation Treaty (PCT).

Patents or protection rights are not granted for:
– inventions (utility models), the use of which would be contrary to public order or good manners; the use of invention is not deemed contrary to public order just because it is against the law;
– plant varieties or animal breeds as well as purely biological methods of plant cultivation or animal breeding; this does not apply to microbiological methods of breeding or products thereof;
– diagnostic methods or methods for therapy or surgery practiced on the human or animal body; this does not apply to products, in particular substances or mixtures used for the purposes of diagnosing or treatment.

The following are NOT patentable inventions or utility models:
– discoveries, scientific theories or mathematical methods;
– aesthetic creations of form;
– plans, ideas, concepts or games;
– subject matter, the uselessness of which can be demonstrated in light of well-established scientific knowledge;
– programmes for digital machines;
– presentation of information.

What makes an invention patentable?
An invention must fulfil three requirements at the same time , in order to be deemed a patentable invention. It must be:
– new (worldwide),
– non-obvious (to an expert), and
– useful.

Thus, the following can be an invention:
– a creation (device, appliance, system, chemical compound)
– a method
– usage

What makes utility model patentable
In order to be patentable, a utility model must fulfil only two requirements at the same time. They include:
– novelty
– usefulness with regard to shape, structure or fixed arrangement.

Technical character
A utility model is similar to an invention in that both the utility model and the invention are solutions to a given technical problem.
Thus, if – according to a Patent Office expert who is examining an invention – the invention does not meet the „inventive step” requirement, but if it meets the above mentioned definition of a utility model (it has a specific shape or other structural features), it is possible that a Patent Application be converted into a Utility Model Application. Meeting the “inventive step” criterion is not required for utility models, so such a conversion is possible. It is impossible, however, if the “novelty” criterion is not met.