Legal protection of solutions in the field of emerging technologies is a critical issue for Polish business owners. These ideas are applicable to all process and product improvements in our everyday lives as well as in the industry. It is increasingly difficult to conceive current technology without necessary software, the development, testing, and deployment of which takes a large amount of time and money.
Computer-implemented inventions are new technical solutions that rely on computer software to improve the efficiency of operations or the functionality of the equipment. Entrepreneurs can seek a patent for such ideas thanks to suitable actions for providing protection before the Patent Office. The general principles for granting patents, i.e. a monopoly on the use of a certain solution, identify the characteristics of a solution that are suitable for such market exclusivity. These include global originality, creative step (non-obviousness), and industrial applicability. These characteristics should be accompanied by the necessity to demonstrate a further technical impact or to produce an effect that goes beyond the regular interactions between parts of data processing systems for computer-implemented solutions.
How does legal protection for solutions in the sphere of emerging technologies work?
A computer-implemented solution is one that requires the usage of software in order to perform properly. A solution of this type might potentially be a technique of controlling a device using software, resulting in an additional technological impact.
A further technical effect, for example, maybe:
- controlling an industrial process by means of a computer, or operating an industrial process under the control of software, resulting in improved process efficiency or safety, better management of required computer resources, or higher data transfer rates;
- enhancing data security during transmission using mathematical algorithms, where the software is a part of the invention that detects and performs error correction.
In comparison, the following characteristics do not presuppose the presence of a subsequent technological effect:
- booking a hotel room or an airplane seat;
- enhancing aesthetic effects in music;
- improving business management support.
It is important to correctly prepare the application paperwork for the Patent Office in order to maximize the possibilities of a favorable outcome of the proceedings before the Patent Office and obtain a monopoly. The solution description must appropriately offer an implementation example for the filed solution, demonstrating the existence of a further technical consequence.
If our solution is a device, we must define the technical structure by specifying the device’s various pieces in relation to each other and their interrelationships. If our solution is a novel process, we must explain the sequence of technical activities as well as the technological tools for carrying out these activities. It is feasible to specify the actions of “processing,” “determining,” “correcting,” and “transmitting,” but it should be emphasized that these activities must be stated in detail.
It is also worth noting that computer-implemented solutions are subject to copyright protection, although this only applies to the software layer.
Many nations’ laws, including Poland’s, prohibit the issuance of a patent to a solution that is a mathematical technique in and of itself. Mathematical algorithms are important in many aspects of our lives, but if they have not been computer-implemented and we have not demonstrated their future technological effect, we must regrettably consider the rejection to grant a patent.
Similar provisions apply to company strategies, norms, and methods of operation. Such solutions (of a financial, commercial, administrative, or organizational character), while highly needed in our daily lives and frequently necessitating significant research expenditures, are not patentable.
Nevertheless, if such an inventive solution employs technological means, such as computer networks or other programmable devices, to carry out at least some of its business activities, a patent may be granted. It is important to keep in mind that in order to receive patent protection for an invention, the inventive solution must be kept secret until the application is filed with the Patent Office.
To properly protect one’s interests, it is important to consider a strategy for protecting intangible assets in the company and enlisting the assistance of professionals, such as patent attorneys, who, by selecting appropriate protection strategies, effectively support the protection of all assets in the company.
The list of Poland IP Firms can be found here.