Problems of Patent Protection in Poland

Abstract

In modern economy the effective intellectual property management has huge influence on the competitiveness and commercial success of the enterprise. Patents granted favour keeping the competitive advantage, improving reputation of the firm and rising its market value. In Poland the awareness of advantages concerning patent protection of inventions is very low. Polish firms make few applications, while small and medium size enterprises make such applications hardly ever. Therefore the large-scale activities aiming at enlarging the entrepreneurs’ knowledge concerning the possibilities to obtain the legal protection for their innovative solutions are necessary. All significant procedural barriers that occur in the process of gaining and claiming protection rights should be also eliminated, with the most irritating one which is too long time for examining the cases by courts and adjudicating possible disputes. The aim of the article is to highlight the most important problems that one has to face if one wants to grant and enforce the patent protection in Poland. Particularly the arguments for and against patenting inventions are presented, requirements that patented invention has to fulfil, problems to claim already existing protection and reasons to patent inventions abroad.