Is a utility model application in Poland convertible?

Submitted by 页之码 on

no

专利申请流程

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

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

  • 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

    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
    • 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.
  • Polish Intellectual Property Office

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

    Website: uprp.gov.pl

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

  • yes

  • 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.

  • The PPO only conducts formality examination of the design, and does not examine novelty and uniqueness.