What are the effects of European patents in Poland?

According to Article 6 of Act on filing of European patent applications and the effects of European patents in Poland, European patents, in which Poland has been designated as a country of protection, shall confer the same rights as those conferred by patents granted under the Industrial Property Law.

2. Right holders of European patents shall be obliged to file with the Patent Office the translation of the European patents into the Polish language and within three months from the date of publication by the European Patent Office of the mention of the grant of the patent. The above time limit shall not be restorable.

3. The provision of paragraph (2) above shall apply accordingly where in consequence of the examination of the opposition by the European Patent Office the European patent has been amended.

4. If the requirements mentioned in paragraphs (2) and (3) above have not been met, the European patent shall be invalid on the territory of the Republic of Poland as from the date the grant.

According to Article 7 the translation of the European patent application, referred to in Article 6 (2) and (3), shall be published by the Patent Office immediately after it has been received by the Office, the date of publication by the European Patent Office of the mention of the grant of the European patent being published as well.

2. In the event of the translation of the European patent, referred to in Article 6 (2), conferring narrower protection than the one conferred by the patent in the language of the proceedings before the European Patent Office, the translation of the European patent shall, except for invalidity proceedings against a European patent, be regarded as authentic text.

3. The proprietor of a European patent may, at any time, file a corrected translation which, subject to the provisions of paragraph (4), shall not have any legal effect until published by the Patent Office. The provision of paragraph (1) above shall apply accordingly.

4. Any person who in good faith is using or has made effective and serious preparations for using an invention the use of which does not constitute infringement of the European patent referred to in paragraph (2) above, may, after the date of publication of the corrected translation, continue such use in the course of his business or for the needs thereof without payment.

5. The proprietor of a European patent shall be obliged to pay a fee for the publication of the translation referred to in Article 6 (2) within three months from the date of his being served the invitation to do that, and at the amount fixed for the fee for publication and printing of the patent specification, prescribed in the provisions adopted under the Industrial Property Law.

6. The provision of paragraph (5) above shall apply accordingly to any corrected translation referred to in paragraph (3) above.

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