patent

Patent represents the legal form of protection of an invention. For an invention to be patentable, several requirements have to be met: it has to be new, useful for industrial application and be a result of innovative process. Only such technical solution can be subject to a patent. It is not possible to patent a scientific theory, discovery, computer programs (those are protected under the copyright) or a method of medical treatment of humans or animals.

The patent right belongs to the creator of the invention – inventor, who can transfer this right further. In case of an invention by employee, the general rule is that the patent right is transferred to the employer.

The patent right is claimed by submitting a patent application. Before the submission of the application it is recommended to carry out a detailed research, as the conditions for granting a patent are (in contrast to e.g. utility design) thoroughly investigated during the proceeding before the registration office.
After the patent is granted, it representsan effective means for its owner against copying of his solution by the competition. The protection is valid for up to 20 years after the submission of the patent application. This term can be prolonged only in the case of so-called supplementary protection certificates (SPC’S). Those relate only to pharmaceuticals and plant protection products.

Patents, as well as other subjects of the industrial property rights – utility designs, industrial designs, trademarks – are governed by the territory principle. Patents are valid only in countries of registry.

It is possible to transfer patent or license its use. Patent is an important tool of commercialization of the intellectual property. However, with regard to the territory principle, the primary investments into the protection are very important.