The Voivodeship Administrative Court in its judgment of 20 April 2004 case file 6 II SA 3937/02, ruled that a given solution is deemed as a patentable invention if at least one new element is not obvious in the technical area. If the inventive contribution lies solely in the area of non-technical solution it should be considered unpatentable. The Polish Patent Office considered that the interpretation of the VAC provided clarification on how to read the Regulation of the Prime Ministers of 17 September, 2001 on filing and processing of patent applications. The PPO considered that the invention must relate to material product suitable for use, that is described with specific technical characteristics relating to to its structure or composition , or specific technical process that have an impact on the material.

Categories: patent law | patentable subject matter | Voivodeship Administrative Court.