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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.

legal state on 01 October 2001

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INVENTIONS

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:

  1. Patent Search, which is carried by the Patent Office and a report therefrom is presented to the Applicant shortly after filing;
  2. Granted patent can be opposed within 6 months from granting /patent expires 20 years from the date of filing/.
  3. 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/.
  4. The “second use patents” for substances are granted.
  5. 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:

  1. name and address of the Applicant,
  2. title of the invention,
  3. description of the invention,
  4. drawings /if any/
  5. name /-s and address /-es/ of the inventor/-s/
  6. indication of the right of an Applicant for obtaining a patent /if different than Inventor/.
  7. priority data /date and document/ - if to be claimed
  8. a statement of the Applicant referring the priority /-ies/ to the particular claims,
  9. power of attorney document, executed by the Applicant / if different than Inventor – by the Applicant’s Representative given with the name, surname and position/
  10. assignment, if the Applicant is not an Inventor,
  11. priority document /if a priority is to be claimed/
  12. the statement of an Applicant, confirming his right to a priority, if a priority document is issued for the other person,
  13. 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:

  1. 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/.
  2. copy of the International Publication,
  3. priority date and priority document number / - if to be claimed
  4. statement of the Applicant referring the priority /-ies/ to the particular claims,
  5. Power of Attorney document, executed by the authorised representative of the Applicant given with the name, surname and position,
  6. International Patent Search
  7. amendments according to art. 19 of PCT
  8. Written Opinion (if any),
  9. reply to the Written Opinion, /if any/
  10. amendments according to art. 34 p. 2 of PCT
  11. International Preliminary Patent Examination
  12. assignment, if any
  13. indication of the right of an Applicant for obtaining a patent /if different than Inventor/.
  14. 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/,
  15. 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/.

 


 
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