Legislator Case Law & Legislation
I PKN 14/97 AI generated

Partial use of a patented invention in a rationalization project does not constitute its use under Polish patent law.

Case Number I PKN 14/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiffs' appeal seeking compensation for using a patented invention. The court found that while the defendants used a rationalization project, it only partially incorporated the patented invention's technical features, specifically regarding motor regulation. Consequently, the court ruled that this partial application did not qualify as 'use' of the invention under the relevant statute, rendering the compensation claim invalid.

Legislator headnote

AI generated

Art. 98 ust. 1 ustawy o wynalazczości; Art. 98 ust. 2 ustawy o wynalazczości: The application of only certain technical means or operations from a patented invention's claims to a rationalization project does not constitute the use of that invention.

Keywords

AI generated
partial use of patent rationalization project compensation for invention technical means equivalence patent claims scope employee invention Supreme Court ruling

Cited Legislation

AI generated
Art. 98 ust. 1 ustawy o wynalazczości
Art. 98 ust. 2 ustawy o wynalazczości
Art. 393 KPC

Cited Case Law

AI generated
III PRN 5/86

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