What is...

From Kancelaria Patentowa Łukaszyk

What is an invention?

A patentable invention is a solution

• which is new,
• which is capable of industrial application and
• which involves a so called inventive step.

The invention is considered to possess an inventive step if, in particular:

• it is surprising for persons skilled in the given field,
• it has been unsuccessfully sought by person skilled in the given field,
• it satisfies a perceptive and not yet satisfied social need,
• it breaks existing technical false notions regarding the right direction to its discovery,
• it is more efficient than known solutions,
• its effect of operation is unexpected from the point of view of existing state of art.

The inventions may be divided into the two main categories of:

• objects (articles, substances, devices etc.) and
• methods (processes of production, manufacturing, operation, etc.).

Certain solutions are not considered as inventions, including among others: discoveries, scientific theories and mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, doing business and playing games, though in certain cases other forms of protection are still available here.

Other solutions are not patentable, including among others: inventions whose exploitation would be contrary to public order or morality, plant or animal varieties or essentially biological processes for the production of plants or animals (excluding microbiological processes or the products thereof), methods for treatment of the human or animal body by surgery or therapy or diagnostic methods applied on human or animal bodies (excluding medicaments applied in diagnostics or treatment).

What is a disclosure in a patent world?

An essential requirement for a patentable invention is its novelty. This means that, with some exceptions, the patent shall not be granted if the invention was disclosed by the inventor prior filing patent application.

An invention is considered to be disclosed if any person has the potential ability to determine the invention features. An academic example of a disclosure is a small issue publication of the invention publicly available in some library which is open every first Friday of the month from 8 to 8:30 AM. On the other hand the publication of the invention in an internal bulletin of the whole factory might not be considered as disclosure since the range of persons able to discover the invention is limited only to employees of that factory.

Therefore you should be aware that you may irrevocably lose your patent rights despite of valid filing an application, if prior filing date at least one of following situations took place:

• the invention has been published (e.g. in your website);
• the invention has been used in public event (especially in commercial purposes);
• any third person might get acquainted with the idea of the invention .

It is thus necessary to keep the application in secret prior filing the patent application, except under conditions of strict confidence.

Disclosing the invention to a Patent Attorney is obviously always treated as confidential.

What is a Prior Art Search?

A patent attorney prepares the Prior Art Search in order to, as name suggests, find out the inventions which are the most relevant to the subject one.

The results take the form of a report that lists these relevant inventions along with an estimation of chances of obtaining a patent and/or suggestions on further development of the invention.

What is a patent?

A patent is a title of legal protection of an invention issued by a government office (or a regional office acting for several countries). It creates a legal situation in which the patented invention can be exploited only with the authorization of the owner of the patent. The protection conferred by a patent is limited in time (generally 15 to 20 years from filing or grant).

What is a patent specification?

The part of the patent document which gives a detailed description of the invention accompanied by claims and drawings attached according to necessity. The specification must include a description of the invention written in full, clear and exact terms. It must describe the invention precisely so that an examiner would be able to distinguish your invention from others.

What is a utility model?

A protective title provided for in order to protect a minor invention. Utility model is a solution which is new and capable of industrial application. The rights conferred by a utility model are similar to those conferred by a patent, but the requirements are less strict than those for obtaining patent protection (e.g. an inventive step is not required) and protection period is shorter (up to 10 years). In many states it is possible to convert the patent application into the utility model application. Such a conversion is useful after receiving the ultimate Patent Office decision to refuse a patent due to the lack of the required inventive step.

What is a design?

“Industrial design” means the visual aspect of the object, including its colour, texture, materials, all two- and three-dimensional features of shape and surface. An industrial design is an appearance of the whole or a part of a product which is new, results from the product’s features and has an individual character. The industrial design may be protected by means of a right in registration, which may remain in force up to 25 years.

What is a trademark?

A trademark may have a form of word, phrase, symbol, design or combination of those things and is used to identify and distinguish particular services or products in the market. A trademark must be distinctive for the goods you provide. It has to differentiate the goods of the same kind of one entrepreneur from those of other entrepreneurs. The owner of the trademark that has been registered may indicate this fact by adding the letter “R” within a circle next to the trademark. The right holder has also the right to prevent others from using the same or similar logo on their products.