Abstract

The article analyses the notion of „obviousness” as regards failure to meet protection requirements stipulated in Art. 110(3) of the Industrial Property Law as a reason for refusing to register an industrial design. The key aspect of the issue on hand is the scope of examination competences of the Patent Office, which has not been yet discussed in the judicial decisions and the doctrine. The author presents and comments the existing views of the doctrine, and proposes his own understanding and interpretation of relevant provisions. It allows for setting the limits within which the Patent Office may conduct its examination of the obviousness that the protection requirements have not been met.