Legislator Case Law & Legislation
I PKN 253/97 AI generated

Supreme Court dismissed patent remuneration appeal, ruling invention use includes manufacturing products with patented features regardless of production method changes.

Case Number I PKN 253/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed Ludwik D.'s cassation appeal against the Lublin Court of Appeal's decision awarding him patent remuneration. The plaintiff argued that the lower courts incorrectly calculated payments for tasks not covered by the patent and misinterpreted the scope of 'invention use.' The court rejected these claims, holding that using an invention encompasses manufacturing products possessing the patented structural features, irrespective of subsequent improvements or changes in the production method.

Legislator headnote

AI generated

Art. 10, 11, 93 ust. 1, 2, 94, 106 ustawy o wynalazczości; Using an invention involves manufacturing a product with patented structural features, regardless of whether the product is improved or the production method changes, provided the patent does not cover the method of realization.

Keywords

AI generated
patent remuneration invention use manufacturing products structural features production method cassation appeal remuneration calculation

Cited Legislation

AI generated
Art. 10, 11 of the Patent Act
Art. 93 para. 1, 2 of the Patent Act
Art. 94 of the Patent Act
Art. 106 of the Patent Act
Art. 3581 para. 1 of the Civil Code
Art. 39312 of the Code of Civil Procedure

Cited Case Law

AI generated

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