IP / GLOSSARY
Terms that clarify the matter.
A short definition, the right context and a route to the source. Patent, trade mark, design and contract terminology.
These introductory definitions depend on the applicable law, type of proceedings and relevant dates.
- Patent
An exclusive right for an invention, limited by territory and time. It can prevent specified uses by others, but owning a patent does not automatically establish freedom to commercialise a product in view of third-party rights.
exclusive patent right; patent protection
Legal basis and sourceWIPO, patents FAQ ↗Read related guides →- Invention
A solution in a field of technology assessed against the relevant patent requirements. Under the EPC, these include novelty, inventive step and industrial applicability; a business idea alone does not establish a patentable invention.
technical solution; patentable invention
Legal basis and sourceEPC, art. 52 ↗Read related guides →- Novelty
A requirement that the invention is not part of the prior art at the relevant date. Under the EPC, public availability matters, rather than simply whether an identical product is sold or a matching patent was found.
newness; new invention
Legal basis and sourceEPC, art. 54 ↗Read related guides →- Inventive step
Under European patent law, the requirement that an invention is not obvious to the skilled person in light of the prior art. A difference from a retrieved document does not by itself establish compliance.
non-obviousness; inventive contribution
Legal basis and sourceEPC, art. 56 ↗Read related guides →- Industrial applicability
The possibility of making or using an invention in any kind of industry, including agriculture under the EPC. This separate patent requirement does not certify profitability, market demand or permission to sell the product.
industrial application; useful application
Legal basis and sourceEPC, art. 57 ↗Read related guides →- Prior art
The body of information relevant to assessing an invention at the applicable date. Under the EPC it includes different public disclosures, not just patents; special rules concern earlier applications published only later.
state of the art; earlier disclosures
Legal basis and sourceEPC, art. 54 ↗Read related guides →- Priority
A mechanism linking a later application to an earlier date when the conditions are met. Under the EPC it concerns the same invention; citing an earlier application number does not replace checking entitlement and scope.
priority date; priority right
Legal basis and sourceEPC, art. 87 ↗Read related guides →- Patent claims
The document section defining the subject matter for which protection is sought or granted. European patent claims determine the extent of protection, interpreted using the description and drawings; the title and abstract cannot replace them.
claims; scope of protection
Legal basis and sourceEPC, art. 69 ↗Read related guides →- Patent family
A collection of applications connected through priority claims. Simple and extended family definitions differ; a family helps locate documents but does not create one right with an identical legal status in every country.
family of applications; related filings
Legal basis and sourceEPO Register Help: patent family ↗Read related guides →- Freedom to operate — FTO
An assessment of risks from third-party rights for a particular product, activity, territory and time. Patent FTO differs from a novelty assessment; its conclusions depend on the scope of work and currency of the information.
FTO; clearance; freedom to commercialise
Legal basis and sourceWIPO Publication 1062 (2020); ISBN 978-92-805-3039-1 ↗Read related guides →- Utility model
Under Polish law, a category of new, industrially applicable technical solution concerning the shape or construction of a tangible object of lasting form. It is protected by a protective right and differs from an industrial design.
technical utility model; protective right
Legal basis and sourceUPRP; art. 94 PWP ↗Read related guides →- Supplementary protection certificate — SPC
For medicinal products, a special EU protection instrument available subject to its legal conditions. It does not automatically extend every patent; the basic patent, protected product and relevant marketing authorisations must be examined.
SPC; supplementary protection
Legal basis and sourceCELEX 02009R0469-20190701; art. 2–5 ↗Read related guides →- Trade mark
A sign distinguishing one undertaking’s goods or services from those of others. An EU trade mark requires examining the Regulation, specified goods and services and earlier rights; a domain name alone does not replace registration.
trademark; brand identifier
Legal basis and sourceCELEX 32017R1001; art. 4, 7, 15, 18, 20, 25, 46, 59–60 ↗Read related guides →- Nice Classification
A system organising goods and services for trade mark applications into 45 classes. A class number helps structure the list but does not replace clearly identifying the actual goods and services covered by the application.
Nice classes; NCL; goods and services classes
Legal basis and sourceEUIPO FAQ: Nice Classification ↗Read related guides →- Distinctiveness
A sign’s capacity to identify goods or services as originating from a particular undertaking. It is assessed in context; a commercially attractive name does not necessarily meet the legal requirements for trade mark protection.
distinctive character; distinguishing capacity
Legal basis and sourceCELEX 32017R1001; art. 4, 7, 15, 18, 20, 25, 46, 59–60 ↗Read related guides →- Opposition
A procedural route for challenging an application or grant within a specified system. Grounds, standing and deadlines depend on that system; EUIPO trade mark opposition and patent opposition do not operate in the same way.
opposition proceedings; objection to registration
Legal basis and sourceCELEX 32017R1001; art. 4, 7, 15, 18, 20, 25, 46, 59–60 ↗Read related guides →- Genuine use
Use assessed under trade mark law for specified goods, services, territory and period. A register entry alone does not demonstrate use; proving it can matter when relying on or defending a registered mark in proceedings.
use of a trade mark; proof of use
Legal basis and sourceCELEX 32017R1001; art. 4, 7, 15, 18, 20, 25, 46, 59–60 ↗Read related guides →- Industrial design
Protection concerning the appearance of all or part of a product, distinct from protecting a technical solution. The current EU Design Regulation 2026/715 also encompasses specified movement, transition and animation features.
design; EU design; product appearance
Legal basis and sourceCELEX 32026R0715; art. 3, 7, 11 ↗Read related guides →- Individual character
In the EU design system, a quality assessed by comparing the overall impression on the informed user with earlier designs. Designer freedom matters; counting small differences cannot substitute for that assessment.
overall impression; design individuality
Legal basis and sourceCELEX 32026R0715; art. 3, 7, 11 ↗Read related guides →- Informed user
The reference perspective used to assess designs, associated with knowledge of the relevant products and heightened attention. It is not simply any purchaser, nor necessarily a designer or a technical expert.
observant user; design comparison perspective
Legal basis and sourceCELEX 32026R0715; art. 3, 7, 11 ↗C-281/10 P; ECLI:EU:C:2011:679; paragraphs 53, 59 ↗Read related guides →- Copyright
Rights relating to a work meeting the legal requirements. In Poland, protection concerns expression of an individual creative character, rather than the underlying idea, procedure or operating principle described in the material.
authors’ rights; protection of a work
Legal basis and sourcePolish Journal of Laws 2025, item 24; art. 1, 16–17, 41, 52–53, 67 ↗Read related guides →- Economic rights
Rights concerning use, disposal and remuneration within the statutory framework. Fields of exploitation matter in Polish copyright contracts; owning a physical copy or digital file does not automatically transfer these rights.
copyright economic rights; exploitation rights
Legal basis and sourcePolish Journal of Laws 2025, item 24; art. 1, 16–17, 41, 52–53, 67 ↗Read related guides →- Moral rights
Rights protecting the author’s connection with a work, including authorship and identification by name. Under Polish law they are separate from economic rights; a remuneration agreement does not automatically transfer that personal connection.
authorship; personal author’s rights
Legal basis and sourcePolish Journal of Laws 2025, item 24; art. 1, 16–17, 41, 52–53, 67 ↗Read related guides →- Licence
Permission to use a protected asset within an agreed scope without necessarily transferring the right itself. Review the subject matter, permitted acts, territory, duration, exclusivity and ability to authorise further users.
license; permission to use
Legal basis and sourceCELEX 32017R1001; art. 4, 7, 15, 18, 20, 25, 46, 59–60 ↗Polish Journal of Laws 2025, item 24; art. 1, 16–17, 41, 52–53, 67 ↗Read related guides →- Assignment of rights
A change in the holder of a particular right, distinct from licensing. Required form, scope and registration effects depend on the right involved; payment of an invoice alone does not establish an effective transfer.
assignment; transfer of ownership
Legal basis and sourceCELEX 32017R1001; art. 4, 7, 15, 18, 20, 25, 46, 59–60 ↗Polish Journal of Laws 2025, item 24; art. 1, 16–17, 41, 52–53, 67 ↗Read related guides →- Open source software
Software supplied under a licence meeting relevant openness criteria, rather than merely displaying its source code. Use still follows the particular licence; open source should not be equated with the absence of copyright.
OSS; open source; source-available distinction
Legal basis and sourceOSI, Open Source Definition ↗Read related guides →- Know-how
Practical knowledge and experience useful in business, such as process settings or organisational methods. Not all know-how qualifies as a trade secret: that protection requires meeting additional legal conditions concerning the information.
knowhow; practical knowledge; technical knowledge
Read related guides →- Trade secret
Under Polish law, specified economically valuable information not generally known or easily accessible in the relevant circles, subject to appropriate confidentiality measures. A “secret” label alone does not determine whether protection applies.
confidential business information; business secrecy
Legal basis and sourcePolish Journal of Laws 2026, item 85; art. 11 ↗Read related guides →- Non-disclosure agreement — NDA
An agreement governing access to, use and disclosure of information. It can support secrecy protection but must fit the parties and purpose; it does not undo prior publication or replace actual safeguards.
NDA; confidentiality agreement
Legal basis and sourceWIPO trade secret guidance ↗Read related guides →- Power of attorney
Authority for another person to act on the principal’s behalf within a defined scope. Distinguish that scope from qualifications required in particular proceedings; the document itself does not confer professional representative status.
POA; authority to represent; authorisation
Legal basis and sourcePolish Journal of Laws 2026, item 795; art. 95–109 ↗Read related guides →- Stamp duty on a power of attorney
A Polish charge associated with specified submission of a representation document, ordinarily PLN 17 per authorisation relationship. Check exemptions and the competent tax authority; since 2025, the submission method affects the allocation rules.
stamp duty; PLN 17; representation document fee
Legal basis and sourceUPRP; 01.01.2025 ↗Read related guides →- Invalidity
A procedure challenging the validity of a granted or registered right on specified grounds. Identify the competent body, right and consequences; invalidity is not the same as revocation for non-use.
invalidation; declaration of invalidity
Legal basis and sourceCELEX 32017R1001; art. 4, 7, 15, 18, 20, 25, 46, 59–60 ↗Read related guides →- Exhaustion of rights
A limit on control over further circulation of particular goods after qualifying market placement. For EU trade marks, the EEA and the proprietor’s consent are central; statutory qualifications and legitimate reasons may remain relevant.
exhaustion; resale; further circulation
Legal basis and sourceCELEX 32017R1001; art. 4, 7, 15, 18, 20, 25, 46, 59–60 ↗Read related guides →- European Case Law Identifier — ECLI
A standard identifier helping cite a judicial decision unambiguously and retrieve its metadata. It does not summarise the ruling or certify current interpretation; examine the decision’s text, date and significance at its source.
ECLI; case law identifier
Legal basis and sourceEuropean Case Law Identifier, ECLI ↗Read related guides →- Digital Object Identifier — DOI
A persistent identifier for an object, often a research article, linked to maintained metadata and an access location. It helps retrieve a source but does not itself certify research quality, peer review or free full-text access.
DOI; publication identifier; persistent identifier
Legal basis and sourceDOI Foundation; Digital Object Identifier ↗Read related guides →
No matching terms.
IP / PRACTICE
Practical information
Representatives, documents and stamp duty: organise the formalities before your first submission.