Czasokres ochrony patentowej w świetle teorii dobrobytu społecznego
The period of patent protection in the light of the theory of social well-being

Summary/Abstract: The existence of industrial property rights triggers different impact on the economy, both positive and negative. On one hand it gives the inventor the opportunity to profit from the invention, on the other hand, however, it can contribute to the creation of temporary monopoly and increase of the prices. Overly long patent protection may even discourage innovation. The author seeks a compromise reconciling both advantages and disadvantages of patent protection. In addition, the author reviews selected English-language publications, including publications in the field of economic analysis of law. The implications arising out of the research indicate that the solution must be sought not only for adequate length of invention protection, but also within adequate scope of its protection. Convenient solution, from the point of view of economic efficiency, is to allow the inventor to decide on the duration of the patent granted to him.

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