A patent is the key to the development of enterprises and thus constitute an important element of an innovative economy. These are limited monopolies for inventions granted by the state or authority acting on the basis of an international agreement, they are considered one of the pillars of an innovative economy. Due to the fact that a patent application is published during the application procedure, every person interested in register patent and the development of a given field has access to newly emerging technologies.
A patent is the key to the development of enterprises and thus constitute an important element of an innovative economy. These are limited monopolies for inventions granted by the state or authority acting on the basis of an international agreement, they are considered one of the pillars of an innovative economy. Due to the fact that a patent application is published during the application procedure, every person interested in register patent and the development of a given field has access to newly emerging technologies.
What are the restrictions on issuing a patent?
The patent-granted monopoly is of course limited. Territorial and time restrictions apply. Patents are granted for a specific territory (eg a specific country) and generally for a period of up to 20 years.
In case of a time limit, certain exceptions are made for medicinal products and plant protection products. These are products the marketing of which is associated with obtaining permits, which significantly reduces the duration of the patent monopoly. Therefore, for these types of technical solutions, it is possible to extend exclusivity for specific solutions for a maximum of 5 years for plant protection products and a maximum of 5 and a half years for medicinal products.
The extension of this protection period is to compensate for the lost years of market exclusivity, when the patent holder was unable to market the goods regulated by the licenses, and thus profit from exclusivity.
Is it worth applying for patent protection?
It is difficult to suspect patent attorneys of objectivity in this object, but it is always worth trying to protect your inventions. Examples from abroad show that patent protection is important and enables the financing of work on the development of new technologies. In recent years, the injection of public finances into patent protection has resulted in a significant increase in the number of patent applications filed in Poland and an increase in the number of foreign applications originating in Poland (i.e. applications filed by Polish entities abroad). And although in Poland we still lack the spectacular success related to the commercialization of the technical solution developed by us, we can only hope that it is just around the corner.
Regardless of the chosen method of patent protection, obtaining a patent is always associated with a large financial commitment, which should be taken into account already at the stage of determining the patent strategy for a specific technical solution.
Be the first to comment