Legislator Case Law & Legislation
I PZP 17/96 AI generated

Employee invention remuneration ends on declaration date, not patent grant date, per Polish Patent Act.

Case Number I PZP 17/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that employees are entitled to remuneration for their invention up to the date the employer declares it will not seek a patent. The court found the invention was used and generated benefits before the employer's declaration, rendering the patent grant date irrelevant for calculating compensation. Consequently, the legal rule established is that the declaration date, not the patent grant date, terminates the right to remuneration for employee inventions.

Legislator headnote

AI generated

Art. 21 ust. 4 ustawy o wynalazczości; Art. 98 ustawy o wynalazczości: When an employer declares it will not seek a patent for an employee's invention, the employee's right to remuneration terminates on the date of that declaration, not the date the patent is granted.

Keywords

AI generated
employee invention remuneration patent declaration date employee invention patent Polish Patent Act remuneration termination date

Cited Legislation

AI generated
Art. 21 ust. 4 of the Patent Act of 19 October 1972
Art. 98 of the Patent Act of 19 October 1972

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