PL - Poland
Patent Office of the Republic of Poland

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Patent Office of the Republic of Poland
PPL: Polish Law on Inventive Activity
List of currencies used in this document:
CHF (Swiss franc), PLN (Polish zloty)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
Article 64(2)(a)(ii), Rule 49.6(f)
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Poland
Two-letter code:
PL
Poland - Patent Office of the Republic of Poland
Name of Office:
Patent Office of the Republic of Poland
Location:
Al. Niepodleglości 188/192
PL-00-950 Warszawa
Poland
Mailing address:
P.O. Box 203
PL-00-950 Warszawa
Poland
Telephone:
International Applications Division
(48-22) 579 01 27
Contact Center
(48-22) 579 05 55
E-mail:
plpctteam@uprp.gov.pl
Website:
Facsimile:
(48-22) 579 03 63
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
Yes, 
within 14 days from the date of the transmission
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
No
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
EP
European Patent Organisation - European Patent Office (EPO)
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
, 
PL
Poland - Patent Office of the Republic of Poland
Does national legislation restrict the filing of international applications with foreign Offices?
Industrial Property Law, Article 40
Yes
Filing restrictions apply to:
Applications by nationals and residents
Competent designated (or elected) Office(s) for this State:
National protection: PL
European patent: EP
Types of protection available via the PCT:
National:
Patents
Utility models
European:
Patents
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
Where the designation is made for the purposes of a national patent:
The applicant must submit to the Office a translation of the international application into Polish. The provisional protection applies as from the date of the subsequent publication of the translation of the international application (bibliographic data, abstract and figure of drawings, if any) in the Official Gazette of the Patent Office [Biuletyn Urzędu Patentowego].
Where the designation is made for the purposes of a European patent:
Information not yet available
Information of interest if this Contracting State is designated (or elected)
For national protection
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.
For a European patent
Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Poland
Language in which international applications may be filed:
If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (refer to PCT Rule 12.3)
If the language in which the international application is filed is not a language of publication and no translation is required for the purposes of international search (PCT Rule 12.3(a)), the applicant will have to furnish a translation of the application into English (PCT Rule 12.4(a))
English, 
French, 
German, 
Polish
Language accepted for language-dependent free text in the sequence listing:
Same language as the international application (English, French, German or Polish); or English and another filing language
Number of copies required by the receiving Office if application filed on paper:
2
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing or EPO Online Filing
For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 5 November 2015, pages 178 et seq., 13 September 2018, page 290 and 4 August 2022, page 208.
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies the “due care” criterion to such requests
Competent International Searching Authority:
EP
European Patent Organisation - European Patent Office (EPO)
, 
XV
Visegrad Patent Institute - Visegrad Patent Institute (VPI)
Competent International Preliminary Examining Authority:
EP
European Patent Organisation - European Patent Office (EPO)
, 
XV
Visegrad Patent Institute - Visegrad Patent Institute (VPI)
Fees payable to the receiving Office:
Transmittal fee:
300 PLN
International filing fee:
Equivalent in PLN of 1,330 CHF
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
Equivalent in PLN of 15 CHF
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
Equivalent in PLN of 200 CHF
Electronic filing (the request, description, claims and abstract in character coded format):
Equivalent in PLN of 300 CHF
Search fee:
Equivalent in PLN of the search fee payable to the European Patent Office in EUR:
Refer to
Annex D(EP)
Annex D(XV)
Fee for priority document (PCT Rule 17.1(b)):
— for a patent or a utility model, up to 20 sheets:
60 PLN
— or for more than 20 sheets:
125 PLN
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
80 PLN
Is an agent required by the receiving Office?
Yes, if the applicant has neither a residence nor a principal place of business in Poland, or in another member State of the European Union or the European Free Trade Association
Who can act as agent?
Any patent attorney registered to practice before the Office
A list is available on the website of the Office at:
https://grab.uprp.pl/RzecznicyPatentowi/Strony%20witryny/Wyszukiwanie%20rzecznika%20patentowego.aspx
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
None
— any additional indications:
None
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
Name and address of the depositor
Additional information
Deposits may also be made for the purposes of patent procedure before the Patent Office of the Republic of Poland with the national depositary authorities—Institute of Agricultural and Food Biotechnology and Serum and Vaccine Research Laboratory.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date
Translation of international application required into (one of) the following language(s):
Polish
Required contents of the translation for entry into the national phase:
Under PCT Article 22: Request, description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Request, description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
No
National fees:
Patents or utility models
— where an international preliminary examination has been carried out
350 PLN
— where no international preliminary examination has been carried out
550 PLN
— additional fee for each sheet in excess of 20
25 PLN
Fee for priority claims
per priority 100 PLN
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis):
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Statement justifying the applicant’s right to the patent if he is not the inventor 1
Statement justifying the applicant’s priority right where the applicants are not identical 1
Appointment of an agent if the applicant has neither a residence nor a principal place of business in Poland, or in another member State of the European Union or the European Free Trade Association
Translation of the priority document into Polish if it is not in English, French, German or Russian 2
Translation of the international application to be furnished in three copies, except that the translation of the request needs to be furnished only in one copy
Who can act as agent?
Any patent attorney registered to practice before the Office
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies the “due care” criterion to such requests
A list is available on the website of the Office at:
https://grab.uprp.pl/RzecznicyPatentowi/Strony%20witryny/Wyszukiwanie%20rzecznika%20patentowego.aspx

The procedure in the national Phase

PL.01 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
PL.02 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex PL.I.
PL.03 DESIGNATION OF THE INVENTOR
PPL Art. 32
If the applicant is not the inventor, he must name the inventor and state the basis of his right to a patent.
PL.04 POWER OF ATTORNEY
An agent must be appointed by filing a power of attorney. A model (not an official form) is given in Annex PL.II.
PL.05 LACK OF UNITY OF INVENTION
PPL Art. 39
In case of lack of unity of invention, the Office will invite the applicant to file divisional applications in respect of the additional inventions claimed in the international application and to pay prescribed filing fees within a time limit fixed in the invitation. In such a case, the decision of the Office may be subject of appeal.
PL.06 FEE FOR GRANT
PPL Art. 52
The first annual fee (for the first three years) is treated as the fee for grant. The amount of the said fee is indicated in Annex PL.I. The first annual fee is due within three months from the date of receipt of the invitation to pay that fee.
PL.07 ANNUAL FEES
Subsequent annual fees should be paid in advance not later than by the date of expiration of the previous protection period. Annual fees can still be paid, together with 30% surcharge for each additional month, within six months from the due date. The amounts of the annual fees are indicated in Annex PL.I.
PL.08 FEE FOR PUBLICATION OF THE PATENT SPECIFICATION
PPL Art. 54
A fee for publication of the patent specification must be paid within three months from the date of receipt of the invitation to pay that fee. The amount of that fee is indicated in Annex PL.I.
PL.09 AMENDMENT OF THE APPLICATION
PCT Art. 28, PCT Art. 41, PPL Art. 37
The applicant may make amendments to the description, claims and drawings until the decision to grant a patent has been taken. Where the subject matter of the amended application exceeds the scope of the application as originally filed, the subject matter exceeding that scope will not be subject of any procedure concerning that application, but may be filed by the applicant as a divisional application with a new filing date.
PL.10 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the Office.
PL.11 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.
PL.12
Time limits fixed by the Office may be extended upon request of the applicant submitted before the expiration of those time limits.
PL.13
PPL Art. 243
Reinstatement of rights may be requested where the applicant has failed to observe a time limit during the international phase or before the Office. A request for reinstatement must be presented within two months after the removal of the cause of the failure to perform the action but not later than 6 months after the expiration of the time limit which has not been observed. At the same time the omitted act must be completed. The applicant must prove in his request that the delay in complying with the requirement within the time limit was caused by circumstances beyond the applicant’s control.
PL.14 RESTORATION OF THE RIGHT OF PRIORITY
PPL Art. 243
A request for the restoration of the right of priority may be filed with the Office where the applicant, in spite of all due care required by the circumstances, failed to timely file the international application within the priority period (refer to National Phase, paragraphs 6.006 - 6.011).
PL.15 UTILITY MODEL
PPL Art. 94, PPL Art. 95, PPL Art. 96, PPL Art. 97 PPL Art. 98, PPL Art. 99, PPL Art. 100
If the applicant, on the basis of an international application, wishes to obtain a utility model instead of a patent in Poland, the applicant must, on entry into the national phase, so indicate to the Office.
PL.16
The requirements for utility models during the national phase are basically the same as for patents.
PL.17 CONVERSION
PPL Art. 38
The applicant may apply for conversion of the international application for a patent into an application for a utility model in the international application (in the request), during the processing of the patent application in the national phase or within two months from the date when a decision to refuse a patent takes effect. In that case, the utility model application is deemed to be filed on the filing date of that patent application.

Annexes

Annex PL.I - Fees
National fee for patent or utility model:
— where international preliminary examination has been carried out
350 PLN
— where no international preliminary examination has been carried out (if more than two inventions, the annual fee is increased by 50%)
550 PLN
— additional fee for each sheet in excess of 20
25 PLN
Fee for priority claims
per priority 100 PLN
Fee for publication of the patent specification
90 PLN
— and additionally for each commenced sheet in excess of 10
10 PLN
Fee for publication of the utility model specification
90 PLN
Annual fees:
The annual fees are counted from the filing date
— for patent:
for the first three years
480 PLN
for the 4th year
250 PLN
for the 5th year
300 PLN
for the 6th year
350 PLN
for the 7th year
400 PLN
for the 8th year
450 PLN
for the 9th year
550 PLN
for the 10th year
650 PLN
for the 11th year
750 PLN
for the 12th year
800 PLN
for the 13th year
900 PLN
for the 14th year
950 PLN
for the 15th year
1,050 PLN
for the 16th year
1,150 PLN
for the 17th year
1,250 PLN
for the 18th year
1,350 PLN
for the 19th year
1,450 PLN
for the 20th year
1,550 PLN
— for patent of addition:
for the whole term of protection
1,500 PLN
— for utility model:
for the first three years
250 PLN
for the 4th and the 5th years, per year
300 PLN
for the 6th to the 8th year, per year
900 PLN
for the 9th and the 10th years, per year
1,100 PLN
Fee for restoration of the right of priority
80 PLN
How can payment of fees be effected?
Applicants who are foreign nationals or foreign entities must pay all fees (including annual fees) through a patent attorney resident in Poland
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex PL.II - Power of attorney
Notes:
1 a b This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
2 a If the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 31 Oct 2024
2.0 #62 - 2024-08-16T14:11:11.727+02:00