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Patent in Poland

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  • Patent fees

Fees associated with filing patent applications in Poland, as well as other patent fees, are available in the fee calculator.

  • The term for filing patent application in Poland

The deadline for filing an application to grant a patent in Poland claiming priority is 12 months from the date of priority. The restoration of this term is not stipulated.

  • Minimum filing requirements

For obtainment of the date of filing a Polish patent application should contain:
- request and parts which appear to be a description of the invention;
- patent claims, abstract, a title of the invention and figures if required.

  • Language of the Polish patent application

The official language of the Polish patent application is Polish. The application can be filed in any language, and the translation into Polish must be submitted in response to an Office Action requesting such translation within the term set by the Patent Office.

  • Priority document

The priority document must be provided within three months from filing a patent application in Poland. If the priority document is not in English, French, German or Russian, a certified translation thereof must accompany the document.

  • Power of Attorney requirements

Official legalization is not required. The POA may be submitted within two months from filing. If the applicant is a legal person it is necessary to provide the Polish Patent Office with the excerpt from the Commercial Registry certifying the person signing the POA is duly authorised to act individually on behalf of the company. 

  • Assignment Deed

If the inventor differs from the applicant of the Polish patent application, the Assignment Deed should be provided to the Patent Office within two months after office invitation.

  • Substantive examination request

The substantive examination of a Polish patent application is started automatically. 

  • Novelty grace period

The novelty grace period in Poland constitutes six months preceding the filing date, on condition that disclosure was prejudicial and was made by a third party. Previously, novelty grace period was not stipulated for a patent application in Polish IP legislation.

  • Grant and patent maintenance

The patent on invention is valid for 20 years from the filing date. The official fees for grant and publication as well as the first annual maintenance fees starting from the 1st year should be paid within 3 months from issuance of the Notice of Allowance. Subsequent annual maintenance fees are paid in advance before the anniversary of the filing date. Late payment is possible within 6 months after the due date provided that a 30% surcharge is paid.

  • Representation by a patent attorney

Foreigners residing outside Poland must perform the patent prosecution through an agent, a registered Polish patent attorney.

  •  Notes

1. Online Search databases: Polish Patents, European Patents (EPO).
2. Patent protection in Poland may also be obtained via registration of a European patent and its further validation in Poland.
3. Inventions may also be protected as Utility Models in Poland, which are subject to formal examination only. Utility Model applications are granted in approximately 2-4 years. Maximum protection period of a utility model in Poland is ten years from the date of filing. There is no limitation in the number of claims to be registered as Utility Model by Polish law.

Brief summary is based on the information provided by KARCZ ZAKROCKA | PATENT & TRADE MARK ATTORNEY on 15.02.2023
Please contact us if the above information is not in conformity with Polish IP Laws.