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