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.
The PPO only conducts formality examination of utility model patent applications, only examines novelty and industrial applicability, and does not examine inventive step.
25 years
no
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.
yes. An invention applicant may propose to change the type of invention from an invention to a utility model during the process of examining the application or within two months from the date of the final decision on the refusal to grant a patent. 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.
Filing Language: Polish
Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Power of Attorney
- Certified Priority Document
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- Patent application fee payment certificate
no
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- Validation of European Patent in EPO member states: 3 months from the date of European patent grant.
- Grant fee: The applicant should pay the announcement fee and the first annual fee (that is, the annual fee for the first to fifth years) within 3 months after receiving the notification of the granted decision.
- Annuity: Pay the annual fee for the next 5 years every 5 years. If the annual fee is overdue, you can pay it within a grace period of 3 months, and pay 30% of the annual fee for the current year as a late fee.
- Grant fee: The applicant should pay the granted official fee, announcement fee and the first annual fee (that is, the annual fee for the first to third years) within 3 months after receiving the notification of the granted decision.
- Annuity: The applicant needs to pay the annual fee for the next stage in the sixth year and the eighth year respectively. Overdue annual fee can be paid within a grace period of 6 months. At the same time, 30% of the annual fee of the current year will be paid as a penalty.