PATENT EUROPEJSKI PO WEJŚCIU W ŻYCIE AKTU ZMIENIAJĄCEGO KONWENCJĘ MONACHIJSKĄ
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Date
2008
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Wydział Prawa i Administracji UAM
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THE EUROPEAN PATENT AFTER ENFORCEMENT OF THE ACT REVISING THE MUNICH CONVENTION
Abstract
The Act Revising the Convention on the Grant of European Patents signed in Munich on 29
November 2000 came into force on 13 December 2007. This paper focuses on the main changes made
in the text of the Convention and in other documents constituting the legal framework for the
European patent system (such as, eg. the implementing regulations to the Convention).
Consequently, for the purpose of this study, legal consequences of the new regulations, both with
regard to the filing of European patent applications as well as examination of those by the European
Patent Office, have been examined.
First, changes in the substantive patent law, including provisions determining patentability and
exceptions to patentability have been analysed, and were followed by an analysis of individual
premises o f patentability (novelty, the inventive step and industrial application). Particular attention
has been given to a new legal regulation concerning patentability of substances and compositions for
use in methods for treatment of the human or animal body.
Secondly, changes to the European patent applications and the effects of a properly filed
application have been presented.
Thirdly, changes in the legislation o f the states contracting states (and therefore also Poland)
resulting from the grant of a European patent, and, especially those concerning the extent of
protection ensured pursuant to the Protocol on the interpretation of Article 69 EPC, have been
discussed.
New solutions proposed in the Convention have been compared and assessed in the light of the
laws of Poland, including the Law on industrial property and the Act on the filing of European patent
applications and the effects of European patents in Poland.
The state of art of the legislative work conducted within the EU aimed at creating a Community
patent as well as plans to tie the European patent system with the future Community patent have also
been discussed.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 70, 2008, z. 1, s. 19-38