Archive for: Art. 28 IPL

Patent law, case VI SA/Wa 112/10

May 22nd, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 19 March 2010 case file VI SA/Wa 112/10 held that adding to the patent application an idependent patent claim, that has a general feature that “electronic file is made available to anyone via the Internet”, which was made with the application for reconsideration, does not give the criteria of patentability to the “invention” that was disclosed in the application in question, according to article 28 point 6 within the meaning of article 24 of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej) of 30 June 2000, published in Journal of Laws (Dziennik Ustaw) of 2001 No. 49, item 508, consolidated text of 13 June 2003, Journal of Laws (Dziennik Ustaw) No. 119, item 1117, with later amendments.

Article 24
Patents shall be granted – regardless of the field of technology – for any inventions which are new, which involve an inventive step and which are susceptible of industrial application.


Article 28
The following in particular shall not be regarded as inventions within the meaning of Article 24:
(i) discoveries, scientific theories and mathematical methods,
(ii) aesthetic creations,
(iii) schemes, rules and methods for performing mental acts, doing business or playing games,
(iv) creations, whose incapability of exploitation may be proved under the generally accepted and recognised principles of science,
(v) programs for computers,
(vi) presentations of information.

The VAC held that the additional claim was just presentation of information.