Can the priority right of utility model application in Poland be restored?

Submitted by 页之码 on

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

专利申请流程

PL Poland

  • How long is the period for filing an industrial design application in Poland?

    • via Paris Convention : 6 months from earliest priority date.
    • Hague Agreement route: 6 months from earliest priority date.
    • EU appearance route: 6 months from the earliest priority date.

  • Novelty grace period for industrial design applications in Poland

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

  • What are the requirements for the utility model application documents in Poland?

    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. 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. 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. Power of Attorney
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer
    7. Patent application fee payment certificate

  • How long does it take for a utility model application to be granted in Poland?

    2-4 years

  • Is a Polish design application eligible for DAS?

    yes

  • 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.

  • How long is the PCT deadline for Polish utility model applications?

    • 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.

  • 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

  • Instructions for authorization of Polish invention patent application and annual fee

    • Grant fee: The applicant should pay the granted 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: Pay year by year in the first year from the date of application. Overdue annual fee can be paid within a grace period of 6 months. At the same time, 30% of the year's annual fee will be paid 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.