Sprigs known before they were filed for protection as a utility model
Thesis of the decision dated 2019-11-28, ref. no. Sp.23.2019 of the Polish Patent Office made by:
- Piotr KALINOWSKI (Chairman of the Arbitral Tribunal),
- Bolesław BIAŁKOWICZ, rapporteur (Examiner Advocate),
- Marek RUDZIŃSKI (Examiner).
Evidence of the lack of novelty of the utility model may be a video posted on the Internet. Evidence effectively undermining the novelty of the utility model “Christmas tree sprig made from plastic” may be a video showing how a Christmas tree containing the disputed sprig is made, as long as the video reveals all the features specified in the independent claim of the disputed utility model. On the other hand, it is not necessary for the video evidence to relate to the stand-alone Christmas tree sprigs.
Thesis of the judgment dated 2020-10-15, ref. no. VI SA/Wa 866/20 of the Voivodeship Administrative Court in Warsaw made by:
- Henryka LEWANDOWSKA-KURASZKIEWICZ (Chairman),
- Jakub LINKOWSKI (Rapporteur),
- Danuta SZYDŁOWSKA.
Evidence of the lack of novelty of the utility model may be a video posted on the Internet. Evidence effectively undermining the novelty of the utility model “Christmas tree sprig made from plastic” may be a video showing how a Christmas tree containing the disputed sprig is made, as long as the video reveals all the features specified in the independent claim of the disputed utility model. On the other hand, it is not necessary for the video evidence to relate to the stand-alone Christmas tree sprigs.
