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"Trademark registration in Poland: which route to choose?" |
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Invention patents, utility models:
1. What is a patentable invention in Poland?
Patents are granted for any inventions which are new, which involve an inventive
step and which are susceptible of industrial application. Discoveries, scientific
theories and mathematical methods, aesthetic creations, schemes, rules and methods
for performing mental acts, doing business or playing games, creations, whose
incapability of exploitation may be proved under the generally accepted and recognised
principles of science, programs for computers, presentations of information are
not regarded as inventions. Patents are not granted for inventions whose exploitation
would be contrary to public order or morality, plant or animal varieties or
essentially biological processes for the production of plants or animals (with
exclusion of microbiological processes or the products thereof), methods for treatment
of the human or animal body by surgery or therapy or diagnostic methods applied on
human or animal bodies (with exclusion of products, and in particular to substances
or compositions applied in diagnostics or treatment).
2. How long does a patent last?
20 years from the filing date.
3. How long does a protection right for a utility model last?
10 years from the filing date.
4. Who can apply for a patent or a protection right for a utility model?
The inventor(s) or another person or entity that has acquired the right to do so from
the inventor(s). In case the invention, a utility model has been made in the course of
employment duties or in the execution of any other contract, the right belongs to the
employer or the commissioner.
5. What is required to file a patent (utility model) application?
At the filing date:
- request to grant a patent (protection right for a utility
model) indicating the applicant(s) and defining the subject-matter of the
application, including priority claim if any
- description of the invention disclosing its nature
- drawings if any (in case of utility models drawings are
compulsory)
- at least one claim
- abstract.
May be provided later:
- indication of inventor(s)
- priority document (if the priority doc. is not in Polish, English,
German, French or Russian translation into one of these languages is required)
- declarations (if any) on patent and priority rights and on
allocation of priorities
- certificate of deposit of microorganism
- power of attorney
- filing fees
6. What is required to enter the national phase of an international patent
application under the PCT in Poland?
At the filing date:
- translation of the PCT Request
- translation of the abstract
May be provided later:
- translation into Polish of specification and
drawings (3 months from the filing date)
- translation into Polish of amended pages
of description and claims (if any)
- declarations (if any)
- certificate of deposit of microorganism
- power of attorney
- national fees
7. What are the time limits to enter the national phase under the Chapter I and Chapter II of the PCT?
30 months from the priority date.
8. Who can represent persons not having their domicile or seat in Poland before the Polish Patent Office?
Persons not having their domicile or seat in Poland may only act when represented by a patent agent.
9. Who can act as an agent before the Polish Patent Office?
A registered patent agent inscribed on the list held by the Polish Patent Office.
10. Is translation of the specification required when filing a foreign conventional patent
(utility model) application?
Yes. The translation must be filed at the filing date.
11. Is it possible to obtain SPC in Poland?
Yes.
12. Is it possible to apply for SPC in Poland retroactively?
It was possible up to 1.11.2004, but not any more.
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