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ARTICLE · 25 SEPTEMBER 2018

What Do We Need The Patent Law For?

JWP Patent & Trademark Attorneys sp.k.
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Is it possible that an idea not only has a creator but also an owner? The basis of the patent law is the conviction that it is possible.

PolandIntellectual Property

Is it possible that an idea not only has a creator but also an owner? The basis of the patent law is the conviction that it is possible. It is natural that we have the right to own what the fruit of our work is, and the development of a new invention undoubtedly requires considerable intellectual work. Usually, we assume that the creator should influence the way his work, which is expressing his creativity and personality, will be used.

However, in case of the patent law, one more aspect - utilitarianism - comes to the fore. It turns out that industrial property rights are simply profitable for the society. According to the utilitarian approach, we look at the problem not so much from the perspective of creators' right to have their work at their disposal, but from the perspective of measurable profit for the community. Therefore, the patent - which is the exclusive right to use the invention - is not granted to creators for free. And it is not only about (often

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