Industrial application of the device, Administrative Court of Voivodeship Warsaw (Wojewódzki Sąd Administracyjny w Warszawie), 11 March 2010
January 17, 2011
In this case the Court confirmed that an invention can be patentable only if it affects matter by its industrial application. A patentable invention must involve a material creation of a new construction, composition or a new manner of technical influence on matter. In the category of 'devices', internal structure of a device is determined by the mutual position and connection of its parts and subparts forming together an integral whole, which can be used to achieve the planned purpose of the invention. The Court held that an instruction concerning technical procedure, even if it is precise, can not be the subject of an invention in the category 'devices'.
Click here for the full text of this case.
A full summary of this case has been published on Kluwer IP Law.
Comments (0)
Your email address will not be published.
Become a contributor!
Interested in contributing? Submit your proposal for a blog post now and become a part of our legal community!
Contact Editorial Guidelines
