FAQ - Inventions


Is it possible to apply for SPC in Poland retroactively?

It was possible up to 1.11.2004, but not any more.

Is it possible to obtain SPC in Poland?

Yes.

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.

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.

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.

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.

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

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

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.

How long does a protection right for a utility model last?

10 years from the filing date.

How long does a patent last?

20 years from the filing date.

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).

What are the aims of conducting patent searches?

Patent searches are conducted for example in order to: establish the state of art in the domain of an invention for which patent protection is to be sought and check its novelty prior to filing (patentability search) provide information on existing exclusive rights for a product, device, technology etc. (infringement search) monitor patent policy and development of a firm It should be noted that the results of patent searches should never be considered 100% sure.