An invention is a technical solution for which a patent may be granted if such a solution demonstrates so-called patentability, i.e. if it meets the criteria of novelty, inventive step and industrial applicability.
Patents, belonging to the group of “exclusive rights”, are limited term- and territory-wise. Patents are granted by Patent Offices under various protection systems:
National patents are granted by national Patent Offices, including the Patent Office of the Republic of Poland (the PPO). They ensure protection in the territory of a given country and usually are valid up to 20 years. In the majority of countries patent applications are subject to substantive examination of patentability, and the applicants may be summoned to provide additional clarifications or amendments to descriptions of their inventions.
Patents for international patent applications
Under the Patent Cooperation Treaty (PCT) so-called international patent applications may be filed, allowing to apply for patents in more than 150 countries simultaneously. In the international phase the application is subject to a preliminary examination of patentability and then, at the request of the applicant, to a full examination. The results of these examinations allow the applicant to decide whether it is reasonable to continue applying for a patent, and also whether the practicing of the claimed invention would entail a risk. The applicant may decide to discontinue any further prosecution, or to continue applying for protection of the invention by entering the so-called national phases in countries of his choice. In the national phase the national Patent Offices examine patentability of the invention and, if the outcome of examination is positive, issue a decision to grant a patent. Generally, the international procedure gives the applicant more time for making business decisions than the national procedure involving the direct filing in individual countries.
A European patent application, examined as to patentability of the claimed invention by the European Patent Office, is aimed at the grant of a European Patent, which, provided that a so-called validation procedure is completed, may be valid in 38 countries belonging to the European Patent Organization, as well as in Bosnia/Herzegovina and in Montenegro.
We provide our Clients with comprehensive advice and consultations helpful in obtaining patents, and we offer services of:
- prior art searches for a given solution,
- developing a strategy for protection,
- preparing the description and patent claims of the application, as well as relevant documentation,
- prosecuting the case before the Polish Patent Office,
- supervising deadlines for the extension of protection.
In the case of national applications in other countries, we provide well-proven professional assistance of foreign patent attorney offices.
Should it be necessary to file a patent application in a foreign language, we offer professional technical translations.