INVENTCONSULT
P a t e n t & T r a d e m a r k A g e n c y
ul. Sowińskiego 1, 40-272 Katowice
phone: (+48) 32 255 2445; fax.: (+48) 32 256 2568
e-mail:
invent@inventconsult.pl, contact@inventconsult.pl
The new Polish Act
on Industrial Property from 30 June 2000, being
in force since 22 August 2001, regulates the protection
of inventions, utility models, industrial designs,
topography of integrated circuits, trademarks
and geographical indications.
The new Polish Act
on Industrial Property introduced category of
industrial designs and geographical indications,
which are novelty in the Polish IP Law.
The date of filing
the application is a date of receiving a filing
documentation by the Patent Office. The applications
filed by facsimile are to be confirmed by original
within 30 days from the date of facsimile.
The patents
are granted for inventions, which are novel, have
an inventive level and are capable for a technical
use.
The following
shall not be regarded as inventions:
discoveries, scientific theories
and mathematical methods,
aesthetic creations,
schemes, rules and methods
for performing mental acts, doing business or
playing games,
programs of computers,
presentations of information.
Patents are
not granted for:
inventions whose exploitation
would be contrary to public order or morality;
the exploitation shall not be deemed to be so
contrary merely because it is prohibited by
law,
plant or animal varieties
or essentially biological processes for the
production of plants or animals; this provision
does not apply to microbiological processes
or the products thereof,
methods for treatment of
the human or animal body by surgery or therapy
or diagnostic methods applied on human or animal
bodies; this provision does not apply to products,
and in particular to substances or compositions
applied in diagnostics or treatment.
Act of June 30,
2000 on Industrial Property /in force since 22
August 2001
The New Polish
IP Law introduced several novelties, which the
most interesting are:
Patent Search, which is carried
by the Patent Office and a report therefrom
is presented to the Applicant shortly after
filing;
Granted patent can be opposed
within 6 months from granting /patent expires
20 years from the date of filing/.
The use of a patent for a research
and experimental purposes and for execution
of the operations required for obtaining a certification
necessary for marketing are not considered as
an infringement of a patent /concerning substances,
particularly pharmaceuticals/.
The “second use patents” for
substances are granted.
One application can comprise
more than two inventions bound in such a way,
that they form clearly one inventive idea.
The priority: 12
months from the first filing or 6 months from
the exhibition.
The data/documents necessary
for filing an invention /patent/ are as follows:
name and address of the Applicant,
title of the invention,
description of the invention,
drawings /if any/
name /-s and address /-es/ of
the inventor/-s/
indication of the right of an
Applicant for obtaining a patent /if different
than Inventor/.
priority data /date and document/
- if to be claimed
a statement of the Applicant
referring the priority /-ies/ to the particular
claims,
power of attorney document,
executed by the Applicant / if different than
Inventor – by the Applicant’s Representative
given with the name, surname and position/
assignment, if the Applicant
is not an Inventor,
priority document /if a priority
is to be claimed/
the statement of an Applicant,
confirming his right to a priority, if a priority
document is issued for the other person,
acknowledgement, in a form of
a certification, confirming a deposition of
micro-organism in a National collection, authorised
by the President of the Polish Patent Office
/where applicable/. – /this document is to be
submitted within 6 months from the date of filing/.
Note:
Items 9, 10, 11,
12 may be submitted after filing, not later that
the deadline term determined in the provision
of the Polish Patent Office, when issued
/ for foreign Applicants - 2 months from the date
of a provision issue/.
PCT APPLICATIONS - NATIONAL
PHASE ENTRY IN POLAND
The data/documents
necessary for filing an invention /patent/ are
as follows:
copy of the Request with
enclosures - basic document for the
National phase entry – a Polish translation
of a Request and abstract is to be submitted
to the Polish Patent Office on/before the deadline;
a translation of description and claims should
be submitted to the Polish Patent Office within
3 months from the date of a National Phase entry
/filing/.
copy of the International Publication,
priority date and priority document
number / - if to be claimed
statement of the Applicant referring
the priority /-ies/ to the particular claims,
Power of Attorney document, executed
by the authorised representative of the Applicant
given with the name, surname and position,
International Patent Search
amendments according to art.
19 of PCT
Written Opinion (if any),
reply to the Written Opinion,
/if any/
amendments according to art.
34 p. 2 of PCT
International Preliminary Patent
Examination
assignment, if any
indication of the right of an
Applicant for obtaining a patent /if different
than Inventor/.
translation /obligatory/ of a
priority document into a conventional language
/English, French, German, Russian - if an original
is issued in the other language; a translation
is to be made by the translator known from the
name, surname and address – a translator signs
every page in the bottom/,
statement of an Applicant, confirming
his right to a priority, if a priority document
is issued for the other person,
Note:
Items 5, 12, 14,
15, may be submitted after filing, not later that
the deadline term determined in the provision
of the Polish Patent Office, when issued / for
foreign Applicants - 2 months from the date of
a provision issue/.