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No. 34 (1972)
Artykuły

The invention and the problems of the effectiveness of its protection

[The invention and the problems of the effectiveness of its protection]

  • Wacław Walewski

Published 2023-04-30

Keywords

  • invention,
  • patent,
  • legal protection,
  • legal definition,
  • patent law,
  • civil law,
  • Argentina,
  • Canada
    • ...More
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Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

The invention and the problems of the effectiveness of its protection: [The invention and the problems of the effectiveness of its protection]. (2023). Studia Prawnicze The Legal Studies, 34, 157-191. https://doi.org/10.37232/sp.1972.34.7

Abstract

The effectiveness of legal protection cannot be considered to some general concept of “invention”, because such a concept does not exist. It must always be considered in relation to legal definitions of invention, case law and the practice of patent offices in individual countries. In this paper, the author provides several legal definitions of “invention” applicable in Argentina, Japan, Canada and Poland, among others. Concepts that are repeated in the above-mentioned legal orders such as “novelty”, “technical”, “creative” and “economic” nature are discussed. Every invention gives rise to specific legal relationships resulting from the creation of new property. The right to an invention already arises in favour of the inventor at the moment they make the invention, completely regardless of what their intentions are. The legal protection of inventions in the field of civil law has laid the foundations for the formation of special legal relationships in industry.