Novelty grace period for utility model applications in Poland

Submitted by 页之码 on

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.

专利申请流程

PL Poland

  • Is a Polish industrial design application convertible?

    no

  • How long is the protection period of Polish utility model application?

    10 years

  • 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 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

  • Features of the patent application process for utility model applications in Poland

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

  • 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.

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

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

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

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

  • 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

  • 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.