• Patent fees

Fees associated with Polish PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for the PCT national phase entry in Poland

The deadline for entry the PCT national phase in Poland is 30 months from the date of priority. The restoration of this term is not possible.

• Minimum requirements for filing

For obtainment of the filing date, a patent application in Poland must contain at least a request and parts which appear to be a description of the invention and a patent claim or claims.

• Language of the Polish patent application

The official language of the Polish patent application is Polish. If the international application is filed in any other foreign language, the Polish translation thereof must be filed within three months from entering the PCT national phase.

• Power of Attorney requirements

Official legalisation is not required. The POA may be submitted within two months from entering the national phase. If the applicant is a legal person it is necessary to provide the Polish Patent Office with the excerpt from the Commercial Registry certifying the person signing the POA is duly authorised to act individually on behalf of the company. 

• Assignment Deed

If the inventor differs from the application of the Polish patent application, the Assignment Deed should be provided to the Patent Office within two months after office invitation.

• Substantive examination request

The substantive examination of a Polish patent application is started automatically.

• Grace period

According to the amended Law as of December 1, 2015, the novelty grace period in Poland constitutes six months preceding the filing date, on condition that disclosure was prejudicial and was made by a third party. Previously, novelty grace period was not stipulated for a patent application in Polish IP legislation.

• Grant and patent maintenance

The patent on invention is valid for 20 years from the international filing date. The official fees for grant and publication as well as the first annual maintenance fees starting from the 1st year should be paid within 3 months from issuance of the Notice of Allowance. Subsequent annual maintenance fees are paid in advance before the anniversary of the international filing date. Late payment is possible within 6 months after the due date provided that a 30% surcharge is paid.

• Representation by a patent attorney

Foreigners residing outside Poland must perform the PCT national phase entry in Poland through an agent, a registered Polish patent attorney.

•  Notes

1. Online Search databases: Polish Patents, European Patents (EPO).
2. The PCT application in Poland may also be nationalised via European route and its further validation in Poland.
3. PCT applications may also be protected as Utility Models in Poland, which are subject to formal examination only. Utility Model applications are granted in approximately 2-4 years. Maximum protection period of a utility model in Poland is ten years from the date of filing. There is no limitation in the number of claims to be registered as Utility Model by Polish law.

Brief summary is based on the information provided by KARCZ ZAKROCKA | PATENT & TRADE MARK ATTORNEY on 15.02.2023
Please contact us if the above information is not in conformity with Polish IP Laws.