Is a utility model application in Poland convertible?

Submitted by 页之码 on

no

专利申请流程

PL Poland

  • Is a utility model application in Poland eligible for DAS?

    yes

  • Novelty grace period for utility model applications in Poland

    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.

  • What are the requirements for the Polish invention patent application documents

    Filing Language: Polish

    via Paris Convention via 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. Certificate of Deposit of Microorganisms and its Polish translation
    3. Certificate of Microbiological Survival and its 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. Patent application fee payment certificate

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entry into the Polish national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Certificate of Deposit of Microorganisms and its Polish translation
    6. Certificate of Microbiological Survival and its Polish translation
    7. Power of Attorney
    8. Declaration of Ownership/Certification of Employment/Assignment of priority
    9. Assignment for Patent Right Transfer
    10. Patent application fee payment certificate

  • Whether the Polish invention patent application can be type-converted

    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.

  • Instructions for Authorization of Industrial Designs and Annual Fees in Poland

    • 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.

  • Characteristics of the Polish invention patent application process

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

  • How long does it take for a Polish invention patent application to be granted?

    4-5 years

  • Can the priority right of Polish invention patent application be restored?

    Reinstatement of priority is accepted on grounds of "due care."

  • Is a Polish industrial design application convertible?

    no

  • Instructions for Authorization of Utility Model Application and Annual Fee in Poland

    • 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.