EP validation in Poland
Filing such translation is non-optional for the EP patent proprietors who wish to have protection in Poland.
The prescribed time limit to meet this requirement is three months from the date on which the mention of the grant (or maintenance in amended form or limitation) is published in the European Patent Bulletin. If the time limit is not observed the EP patent is irrevocably invalid in Poland. Therefore, filing translation which prevents the EP patent from being invalid is called EP validation in Poland as it is an action that prevents just that.
Art. 65 (1) EPC is the legal basis for this requirement. Poland is a contracting state of the European Patent Convention (EPC) which has prescribed that a proprietor of a patent should supply the Polish Patent Office with translation of the Polish Patent as granted.
It should be stressed that, if the patent is maintained in amended form in opposition proceedings, or limited of the own volition of the proprietor and therefore republished a second validation is mandatory to uphold protection in Poland. That may lead to quite surprising outcome in certain circumstances. When EP validation in Poland takes place the EP patent is treated in a same manner as a national patent. It means that any party having a legal interests can file a notice of invalidation with the Polish Patent Office. Then the Polish Patent Office examines whether in the view of the presented evidence the patent in question meets requirements of the EPC. If it is not so then the patent is invalidated. The invalidation is effective only in Poland.
However, if simultaneously, a pending EP opposition would results in maintaining the EP patent in amended form, after it was invalidated in Poland, then by performing a second EP validation in Poland it can be resurrected in amended form despite former national invalidation.