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 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.

  • Which is the competent authority for utility model applications in Poland?

    Polish Intellectual Property Office

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

    Website: uprp.gov.pl

    Polish Utility Model Patent Search: Wyszukiwarka prosta (uprp.gov.pl)

  • How long is the PCT period for Polish invention patent application

    • 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.

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

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

  • 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

  • Features of Polish design patent application process

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

  • Novelty Grace Period for Polish Invention Patent Application

    A 6-month novelty grace period is available if the disclosure is caused by a third party in bad faith.

  • 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.

  • 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.