Supreme Court dismissed appeal, ruling inventor's compensation must align with statutory patent protection limits.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Andrzej S. against the Second Instance Court's judgment. The court held that Article 98a(1) of the Patent Act requires inventor compensation to be tied to the statutory duration of patent protection, preventing contractual agreements from extending this period indefinitely. Consequently, the court affirmed that the lower court correctly awarded compensation based on the original protection term rather than an unlimited contractual scope.
Legislator headnote
AI generatedArt. 98a ust. 1 ustawy o wynalazczości; Art. 8 ust. 1 i Art. 80 ust. 2 ustawy o wynalazczości: The right to compensation for a utility model creator is a consequence of the enterprise's use of the invention during the statutory protection period and cannot be contractually extended beyond the maximum duration set by the legislator.