Prawo patentowe a nowe technologie – w dwudziestoleciu polskiego członkostwa w UE. Czy coś się zmienia? Czy coś zmienić się powinno?
Patent law and new technologies – in the twenty years of Polish membership in the EU: Is anything changing? Should anything change?

Summary/Abstract: The focus of this article is on the impact of technological progress –particularly the emergence of technologies that unlock new areas and forms ofactivity for people – on the model of patent protection, its rules and principles.These latest developments and the controversy surrounding them are presentedin the context of two rival concepts and the assumptions arising from themas to the role and functions of patent protection in the legal and social system.According to one, patent protection is an instrument for carrying out objectivesdictated by the public interest; according to the other, patent protection is anend in itself, and its results align with the public interest.An analysis of patent law documents, decisions of patent authorities, caselaw and the work of scholars justifies the conclusion that these two – signif-icantly different – concepts are reflected therein. Such a situation not onlyhinders the application of existing law to known types of technology, especiallyinvoking purposive and functional interpretations of the law, but also makesit impossible to prepare patent law for the emergence of future technologiesin as yet unknown areas. It therefore seems highly desirable to rethink therole of patent protection and then review the existing model in terms of itscompatibility with findings on the purpose of this protection and its functionnow and in the future.

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