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Updated 23/01/2017

Poland

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* Information not yet provided by national authorities

  1. To guarantee sufficient protection for a European patent in Poland, European patent holders must submit a Polish translation of a European patent to the Polish Patent Office within 3 months of the date of publication of the announcement that a European patent has been granted (B1).

This time limit cannot be extended.

The translation must include a specification, patent claims and drawings.

Any person not having their domicile or registered office in Poland may act before the Polish Patent Office only if represented by a patent attorney.

  1. Once the translation has been submitted, a formal and legal examination is conducted to check whether:
  1. Poland was designated as a country where the European patent was granted
  2. the translation was submitted within 3 months of the date of publication of the European patent grant by the European Patent Office (EPO)
  3. a power of attorney was sent together with the translation (if the translation is submitted by a representative)
  4. the translation was submitted by a rights holder, i.e. a European patent holder.
  1. The Patent Office asks rights holders to pay a fee for the printing and publication of the patent. The fee is based on the number of pages of the translation. If the specification does not exceed 10 pages, the fee is PLN 90. For each additional page, a fee of PLN 10 is charged.

Since the application constitutes the first contact between the Polish Patent Office and the client in a given case, it must include relevant instructions and bibliographical data (e.g. the name of the invention, the specification of the rights holder and the inventor, IPC symbols). This is required for it to be deemed a correct submission of the translation of the European patent to the Polish Patent Office.

  1. If the translation meets formal requirements, the Polish Patent Office publishes the patent immediately. The submission of the translation is recorded in 'Wiadomości Urzędu Patentowego', it is posted online via publication server and made available in the reading room of the Polish Patent Office, which is open to the public.
  2. The Polish Patent Office is authorised to collect fees for the protection of the European patent, starting from the second year after the publication of the European patent grant by EPO. Renewal fees for subsequent years of protection are the same as for national patents granted by the Polish Patent Office. Fees for the protection of European patents in Poland should be paid in advance to the account of the Polish Patent Office (as with fees for national patents), one year before or 6 months after the beginning of the next protection period (together with an additional fee amounting to 30% of the renewal fee). The additional fee (30%) is not payable if the renewal fee was paid within 2 months of the publication of the European patent grant (B1) (see Article 141(2) of the European Patent Convention).

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