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COUNTRY : POLAND
CAPITAL : WARSAW
LANGUAGE : POLISH
The IP office of Poland is known as UPRP.
Protection to Inventions is provided at a two tier level in Poland:
- THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on the European Patent Convention procedures.
INTERNATIONAL TREATIES TO WHICH POLAND IS SIGNATORY
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty “PCT”.
- Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
- European Patent Commission.
- Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
PATENT LEGISLATION IN POLAND:
IP LAW IN POLAND
- Poland follows the Civil Law system
- Patents in Poland are governed by: Industrial Property Law 2001
Patents in Poland may be granted by:
- Polish Intellectual Property Office
BASICS REGARDING PATENTABILITY OF INVENTIONS IN POLAND:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application. (
ii). Inventive Step: An invention is said to contain an inventive step if for a man skilled in the art it does not yield results in an obvious way from the state of the art.
(iii). Industrial Application: of the invention would be when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture.
INVENTIONS NOT PATENTABLE IN POLAND:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment on humans and animals.
- Plant / animal varieties, essential biological processes for the production of plants / animals.
- Human body in various stages of formation and development, discovery of one of it’s elements.
- Sequencing or partial sequencing of a gene.
- Plant or Animal varieties or Bio processes for the production of plants or animals.
PartityPatents Law Firms through its associates in Poland is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN POLAND:
(i). Application to be filed in Polish or translation provided accordingly.
(ii). Nationality of the applicant.
(iii). Name & Address of the applicant.
(iv). Description of the invention.
(viii). Title of the invention , Prior state of the art, & the Technical area of the invention.
(ix) A Request for grant of patent.
EXAMINATION OF THE PATENT APPLICATION IN POLAND:
- Once the patent application is filed, the application is scrutinised for defence & atomic energy aspects along with formality and substantial requirements.
- Upon receipt, patent application is formally examined to ascertain conformity with compliance requisites.
- Any deficiency are to be removed within stipulated period of time else, patent application deemed abandoned.
- Application is published in the IP bulletin.
- Application is subjected to substantive examination.
- Decision regarding grant of patent is taken by the authorities to which, interested third parties may oppose.
- Search report is drawn up.
- Authorities take a final call regarding patentability of the application.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Poland are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN POLAND:
TERM AND KINDS OF PATENTS GRANTED IN POLAND:
- Patents with a term of 20 yrs.
- Utility Models with a term of 10 yrs.
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties.
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign or licence the patent.
COMPULSORY LICENCES OF PATENTS IN POLAND:
1. The Patent Office may grant authorisation to exploit a patented invention of another person (a compulsory license), where:
(i) it is necessary to prevent or eliminate a state of national emergency, in particular in the field of defence, public order, the protection of human life and health, as well as the protection of natural environment,
(ii) it has been established that the patent has been abused.
(iii) it has been established that the patent holder enjoying the right of priority of the earlier patent prevents, by refusing to provide a license contract
(iv) by way of a cross – license when the patent holder is unable to meet home market demands through the exploitation of the patented invention (the dependent patent), whose exploitation would encroach upon the earlier patent;
2. The grant of a compulsory license for the exploitation of an invention:
(i) shall be conditional upon ascertainment that the exploitation of the invention that is the subject matter of the dependent patent, where the both inventions concern the same subject matter, involves an important technical advance of considerable economic significance.
(ii) in case of an invention concerning semi-conductor technology, a compulsory license may only be granted to counteract unreasonable anti-competitive practices.
3. Where the Patent Office finds that the patent is being abused it may decide that a compulsory license may be applied for
4. A compulsory license may be granted, if the applying party is able to prove that it has earlier made, in good faith, efforts to obtain a license. This requirement may be waived in the case of a compulsory license to be granted for the purpose of preventing or eliminating a state of national emergency or where it is announced that a compulsory license may be applied for.
However, this provision shall not be applicable in respect of applications for the grant of a license submitted after the expiration of a period of one year counted from the date of that announcement. It is pertinent to note that :
- The compulsory license shall be non-exclusive.
- The person exploiting the invention under a compulsory license shall be obliged to pay a royalty to the patent holder.
- The Patent Office shall determine the scope and duration of a compulsory license, the detailed terms and conditions of its exercise, as well as the amount, in proportion to the market value of the license, of the royalty and the manner and time limits of payment.
- A compulsory license may only be transferred together with the enterprise or with that of its part, in which it is worked. A compulsory license relating to the earlier patent may only be transferred to a third party together with the dependent patent.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Poland, can assist you comprehensively with Compulsory Licence matters.