BUSINESS
PATENTING COMPUTER PROGRAMS TOWARDS EUROPE?
Every company that creates new computer programs, e.g. for management or supporting devices, would like to protect their product against competing companies. computer programs. However, there exists the concept of computer-imple mented inventions. Under The Inventor’s Guide posted on the website of the Patent Office, these inventions are generally acceptable. The current understanding of the Patent Office is that the crea tion of a new braking method in which a computer program will be a part may be patentable. This means that a patent can be obtained for an invention in which a computer program is a part of that invention. This program will perform, accelerate or automate certain activi ties within the invention. 2 However, PATENTING COMPUTER despite such declarations, the Patent PROGRAMS IN POLAND Office relatively rarely grants patents – THE CURRENT STATUS for computer-implemented inventions. Under Polish law, patents are granted A computer element in an application for inventions. These inventions must be makes the proceedings lengthy and of a technical character, have an inven complicated. The usual basis for patent tive step, be novel and have industrial refusal is the abstract instead of technical application. The Polish law lists solu character of these inventions. In some tions that cannot be inventions and materials, the Patent Office even says as a result are excluded from patenta that computer-implemented inventions bility. This includes programs for digital are ‘masking reality’.3 machines. The approach of the Polish 2 The Inventor's Guide. Methodology for testing Patent Office to IT patents is generally the patentability of inventions and utility models, p. 36, https://www.uprp.pl/uprp/_ negative. Under the wording of the Polish gAllery/25/24/25240/Poradnik_wynalazcy_-_ regulations, the Patent Office should Metodyka_badania_zdolnosci_patentowej_ wynalazkow_i_wzorow_uzytkowych.pdf. refuse to grant patents covering only Obtaining a patent for a computer program is one option for protection. Basically, the patent temporarily guar antees the exclusive use of the inven tion on the market. However, this is not an easy task, especially in Poland. This situation may change, because on 27 February 2020 an amendment to the Polish Industrial Property Law1 enters into force. The amendment aims, among other things, to adapt Polish laws on the possibility of patenting software to the European regulations. Can we now expect new IT patents?
Presentation of the Polish Patent Office 'Policy of the Patent Office of the Republic of Poland for the assessment of patent applications regarding the presence of an invention', Conference 'Computer programs and patent and copyright law' 2009.
3
Act of 30 June 2000 – Industrial Property Law (Journal of Laws of 2017 No. 776 with amendments), which was amended by the Act of 16 October 2019 amending the Industrial Property Law (Journal of Laws of 2019, No. 2309).
1
18
Outsourcing&More | March–April 2020
