Guide for Polish Patent Application Process

Patent Trademark

Poland Profile

Poland, officially known as the Republic of Poland, is located in Central Europe. Poland is bordered by Germany to the east, the Czech Republic and Slovakia to the south, Ukraine and Belarus to the east, and the Baltic Sea, the Russian enclave of Kaliningrad and the Baltic Sea to the north. With a total area of 312,67Read more

Poland Profile

Poland, officially known as the Republic of Poland, is located in Central Europe. Poland is bordered by Germany to the east, the Czech Republic and Slovakia to the south, Ukraine and Belarus to the east, and the Baltic Sea, the Russian enclave of Kaliningrad and the Baltic Sea to the north. With a total area of 312,679 square kilometers (120,726 sq mi), Poland is the 69th largest country in the world and the 9th largest in Europe.

Polish Intellectual Property Legal System

  • "Appearance Property Law"

International Organization/Agreement

  • Beijing Treaty on Audiovisual Performances
  • Patent Law Treaty
  • Trademark Law Treaty
  • Hague Agreement Concerning the International Registration of Industrial Designs
  • Singapore Treaty on the Law of Trademarks
  • WIPO Copyright Treaty
  • WIPO Performances and Phonograms Treaty
  • The Strasbourg Agreement on the International Patent Classification
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
  • Nairobi Treaty for the Protection of the Olympic Emblem
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Madrid Agreement on the International Registration of Marks
  • Patent Cooperation Treaty
  • "Convention Establishing the World Intellectual Property Organization"
  • Madrid Agreement for the Repression of False or Deceptive Indications of Origin of Goods
  • Berne Convention for the Protection of Literary and Artistic Works
  • Paris Convention for the Protection of Industrial Property
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Filing Language
Polish

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Polish Intellectual Property Office

English: Patent Office of the Republic of Poland, abbreviation: PPO

Website: Strona główna | Urząd Patentowy RP (uprp.gov.pl)

Polish invention patent search: Wyszukiwarka prosta (uprp.gov.pl)

  • The patent application number in Poland is in the form of a serial number, and the document number and terms are:
    • A5 Opis Patentowy (Certificate of Inventor)
      A6 Opis Patentowy (Certificate of inventors; Supplement)
      B1 Opis Patentowy (Patent)
      B2 Opis Patentowy PatentuTymczasowego (provisional patent)
      B3 pis Patentowy (additional patent)
      B4 Opis Patentowy Patentu Tymczasowego (Provisional Patent of Addition)
       

Filing Language: Polish

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Polish translation
  3. Viability Statement of Microorganism and Polish Translation
  4. Scanned Copy of Certified Priority Document / DAS
  5. Power of Attorney
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.
  9.  Payment Receipt of the fFiling Fee 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry 
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Polish translation
  6. Viability Statement of Microorganism and Polish Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority
  9. Assignment for Patent Right Transfer
  10.  Payment Receipt of the Filing Fee 

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.
  • via Validation of European Patent in EPO member states: 3 months from the date of European patent grant.

The PPO conducts formality and substantive examinations for invention patent applications. There is no need to file a request for substantive examination, and the substantive examination starts automatically.

A 6-month novelty grace period is available if the disclosure is caused by a third party in bad faith.

4-5 years

  • Grant Fee: The applicant should pay the grant fee, publication fee and the 1st annuity (i.e. the annuity for the 1-3 years) within 3 months after receiving the notification of the granted. 
  • Annuity: Annuity should be paid year by year in the 1st year from the filing date. Overdue annuity can be paid within a grace period of 6 months, and 30% of the annuity of the current year is required to be paid as a penalty.

Yes. Patent Office accepts "due care" requests for restoration of the right of priority.

Yes

Yes. An invention applicant may propose to change the type of invention from an Invention to a Utility Model during the process of examining procedure or within 2 months from receipt of the notification for granted/rejected. The utility model application shall be deemed to have been filed from the date of the invention application. A utility model application converted from an invention must fully meet the requirements for utility model documents.

Name of Patent Office

Polish Intellectual Property Office

English: Patent Office of the Republic of Poland, abbreviation: PPO

Website: Strona główna | Urząd Patentowy RP (uprp.gov.pl)

Polish Utility Model Patent Search: Wyszukiwarka prosta (uprp.gov.pl)

  • The patent application number in Poland is in the form of a serial number, and the document number and terms are:
    • A5 Opis Patentowy (Certificate of Inventor)
      A6 Opis Patentowy (Certificate of inventors; Supplement)
      B1 Opis Patentowy (Patent)
      B2 Opis Patentowy PatentuTymczasowego (provisional patent)
      B3 pis Patentowy (additional patent)
      B4 Opis Patentowy Patentu Tymczasowego (Provisional Patent of Addition)

Filing Language: Polish

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Power of Attorney
  2. Scanned Copy of Certified Priority Document / DAS
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer
  5. Notification issued by CNIPA notify the applicant the application has passed through the security review.
  6.  Payment Receipt of the Filing Fee 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry 
  4. Power of Attorney
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer
  7.  Payment Receipt of the Filing Fee 

10 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.
  • via Validation of European Patent in EPO member states: 3 months from the date of European patent grant.

The PPO only conducts formality examination fpr utility model applications, only examines on novelty and industrial applicability, and does not examine inventive step.

There is a 6-month novelty grace period in Poland if the disclosure is caused by a third party in bad faith. Previously, there was no novelty grace period for patent applications in Polish IP legislation.

  • Grant Fee: The applicant should pay the grant fee, publication fee and the first annuity (i.e., the annual fee for the 1-3 years) within 3 months after receipt of the notification of the granted.
  • Annuity: The applicant needs to pay the annuity for the next stage in the 6th year and the eighth year respectively. Overdue annuity can be paid within a grace period of 6 months, and 30% of the annuity of the current year is required to be paid as a penalty.

2-4 years

Yes. Patent Office accepts "due care" requests for restoration of the right of priority.

No

Yes

Name of Patent Office

Polish Intellectual Property Office

English: Patent Office of the Republic of Poland, abbreviation: PPO

Website: uprp.gov.pl

Polish design patent search: Wyszukiwarka prosta (uprp.gov.pl)

  • The patent application number in Poland is in the form of a serial number, and the document number and terms are:
    • A5 Opis Patentowy (Certificate of Inventor)
      A6 Opis Patentowy (Certificate of inventors; Supplement)
      B1 Opis Patentowy (Patent)
      B2 Opis Patentowy PatentuTymczasowego (provisional patent)
      B3 pis Patentowy (additional patent)
      B4 Opis Patentowy Patentu Tymczasowego (Provisional Patent of Addition)

Filing Language: Polish

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer
  5. Payment Receipt of the filing fee 

25 years

  • via Paris Convention : 6 months from earliest priority date.
  • via Hague System: 6 months from earliest priority date.
  • via EU Community Design: 6 months from the earliest priority date.

PPO only conducts formality examination of the design, and does not examine novelty and unity. 

If disclosed by the designer or his successor, the novelty grace period shall be enjoyed within 12 months after the first disclosure.

  • Grant Fee: The applicant should pay grant fee, publication fee and the first annuity (i.e. the annuity for the 1-5 years) within 3 months after receiving the notification of the grant.
  • Annuity: Annuity should be paid the annuity for the next 5 years every 5 years. If the annnuity is overdue, it can be paid within a grace period of 3 months, and 30% of the annuity of the current year is required to be paid as a penalty.

1-6 months

No

Yes

No

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