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HARAKENZO
WORLD PATENT & TRADEMARK


OSAKA
HEAD OFFICE

DAIWA MINAMIMORIMACHI BLDG.,
2-6, 2-CHOME-KITA, TENJINBASHI,
KITA-KU,OSAKA 530-0041 JAPAN
TEL:+81-6-6351-4384
(Main Number)
FAX:+81-6-6351-5664
(Main Number)
E-Mail:

TOKYO
HEAD OFFICE

WORLD TRADE CENTER BLDG. 21 F,
2-4-1, HAMAMATSU- CHO, MINATO-KU,
TOKYO 105-6121,JAPAN
TEL:+81-3-3433-5810
(Main Number)
FAX:+81-3-3433-5281
(Main Number)
E-Mail:


HIROSHIMA
OFFICE

NOMURA REAL ESTATE HIROSHIMA BLDG. 4 F, 2-23 TATEMACHI, NAKA-KU, HIROSHIMA CITY, HIROSHIMA 730-0032, JAPAN
TEL:+81-82-545-3680
(Main Number)
FAX:+81-82-243-4130
(Main Number)
E-Mail:

To be opened
on March.1.2018

NAGOYA
OFFICE

GLOBAL GATE 9F, 4-60-12 HIRAIKE-CHO, NAKAMURA-KU, NAGOYA-SHI, AICHI 453-6109, JAPAN
TEL:+81-52-589-2581
(Main Number)
FAX:+81-52-589-2582
(Main Number)
E-Mail:


In the background of the HARAKENZO trademark is a global map wherein countries/regions are sized according to the number of patents registered there in 1991.

Privacy policy


Information on Developing Countries
(BRICs, VISTA, et cetera)
Patent engineering staff specialized in patent affairs : Mitsuko YAMAGUCHI
Design/trademark staff specialized in design/trademark affairs : Keiko NISHIDA
OSAKA HEAD OFFICE TEL
OSAKA HEAD OFFICE FAX
E-mail
: + 81-6-6351-4384
: + 81-6-6351-5664
:
     
     

mation on Intellectual Property in Poland



1. Republic of Poland: Summary

The Republic of Poland (below, Poland) is situated to the south of the three Baltic states, and with an area of 323,000 square kilometers (approximately five-fourths of the area of Japan)and a population of approximately 38 million people, is the largest republic in Eastern Europe. The official language is Polish, the capital Warsaw.




2. Summary of Poland's Intellectual Property Laws

An outline of Poland's Intellectual Property laws is as follows:


  Patent Utility Model Design Trademark
Necessity of a local representative Necessary
Language of Application Polish
Examination Exists Exists None Exists
Request for Examination None
Duration 20 years from filing date 10 years from filing date 5 years from filing date (up to four extensions of 5 years each possible) 10 years from filing date (renewal possible)
Opposition Proceedings 6 months from publication
Invalidation Trial Possible



3. Patents

(1) Patent Grant Requirements

Inventions which possess novelty, an inventive step, and industrial applicability are eligible to obtain patents.

  • Discoveries, scientific theories and mathematical methods, aesthetic creations, computer programs, and psychological practices do not qualify as inventions.
  • Inventions which are likely to disturb the public order and morality, essentially biological methods for producing breeds of plants and animals or plants and animals, surgical operations or interventions, and examination methods are not eligible to obtain patents.


(2) Application Documents

1. Request for application, 2. specification, 3. claims, 4. abstract, 5. drawings, if necessary, 6. Power of Attorney (certification not needed), 7. priority document(s) (in the case of claiming priority), 8. assignment deed (if the right to obtain the patent is assigned).


* In principle, the right to obtain a patent is vested in the creator of the invention. However, in cases of creation during the process of employed service or during the execution of another contract, it is vested in the user or trustee, unless expressly agreed otherwise (the same applies to utility models and designs).



(3) Developments Between Application and Registration

1. Formal examination

An examination is conducted in order to ascertain that the documents necessary for recognition of the filing date have been submitted and that they fulfill formal requirements.


2. Search report

A search report is prepared and sent to the applicant for patent applications whose specifications are to be published.

This report is prepared on the basis of usable English, French, and German patent documents collected by the Polish Patent Office, patent applications and granted patents in Polish, along with other documents that the examiner could consider, and is taken into consideration during the process of examination.


3. Publication of Application

An application is published right after 18 months from the priority date have passed. The applicant may request acceleration of the publication within 12 months after the priority date. The search report is also subject to publication, and third parties may submit information on inventions concerning the application.

In cases where the application procedures have been suspended by the Patent Office before the application has been published, as well as in cases where a decision for rejection has been confirmed, no publication is made.


4. Substantive examination

As in Japan, an examination is carried out with regard to novelty, inventive step, industrial applicability, usurpation, and sufficiency of the disclosure in the claims concerning the invention.

If the examiner judges that the application does not fulfill the substantive requirements, a notification of reasons for refusal is issued.

If as a result of a response to the notification, the reasons for refusal are overcome, a decision to grant a patent will follow; however, if the reasons for refusal are not overcome even after a response, a decision of refusal is made.

  • It is possible to request a second trial examination after a decision of refusal.


(4) Patent Grant

After the decision for a patent grant has been made, a patent is granted under the condition that the applicant pays a fee within a set period.



(5) Application Routes other than Direct Application

Applications may also be filed under the Paris Convention, Patent Cooperation Treaty (PCT) (a translation of the specification, etc. into Polish is necessary), and European Patent Convention (EPC) (a translation of the specification, etc. into Polish is necessary).




4. Utility Models

(1) Eligibility for Obtaining a Right

New and useful solutions having technical features with regard the shape or construction of an object or the combination of both may receive utility model rights.



(2) Necessary Documents

1. Request for application, 2. specification, 3. claims, 4. drawings, 5. Power of Attorney, 6. priority document (in the case of claiming a priority); 8. assignment deed (if the right to obtain the patent is assigned).



(3) Developments Between Application and Registration

The process is basically the same as for patent applications.



(4) Grant of registration

After the decision for registration has been made, a right is granted upon payment of the registration fee within a certain period.



(5) Application Routes other than Direct Application

Applications may also be filed under the Paris Convention or the Patent Cooperation Treaty (PCT) (a translation of the specification, etc. into Polish is necessary).




5. Designs

(1) Eligibility for Obtaining a Right

A visual effect arising in a product or part of it from new and original lines, contours, colors, shapes, textures, or material characteristics of said product or ornaments of said product may be grounds for a design right.



(2) Necessary Documents

1. Request for application, 2. specification, 3.drawings, 4. Power of Attorney (certification not required), 5. priority document, 6. assignment deed (if the right of registration of the design is assigned)


* A design application may include up to ten variations of one design if they share the same essential features.

* Partial designs are not adopted.

* Fabric designs are adopted.



(3) Developments Between Application and Registration

Formal Examination

  • An examination is conducted in order to ascertain that the documents necessary for recognition of the filing date have been submitted and that they fulfill formal requirements.
  • In cases where an application comprises more than ten design variations, divisional application is required.

* No substantive examination system is implemented.

However, the following cases are subject to rejection:

  • Cases in which the object of the application does not constitute a product or a part of it.
  • Cases which, if implemented, would contravene public order and morality (designs which include Polish representative symbols, public symbols, etc.)
  • Designs clearly lacking novelty or originality

* Exception to loss of novelty

The following cases are not considered to have lost novelty:

  • Disclosure of the design to third parties on the condition of maintenance of secrecy
  • Disclosure of the design within 12 months prior to application by third parties with the consent of the creator (or successor)
  • Disclosure of the design within 12 months prior to application as a result of abuse of rights of the creator (or successor)


(4) Grant of Registration

After a decision to grant a registration has been made, a right is granted upon the payment of a publicity commission and a registration fee (for the first five years) within a certain period.



(5) Application Routes other than Direct Application

  • (1) Hague Agreement
    1. Concluded Hague Agreement: Geneva Act (1999)
    2. Effective Date: July 2, 2009
    3. Declaration by Concluding Countries
    - Deferment of publication not permitted (see Article 11(1)(b))
    - Prescribed standard fees: Regarding fees for international applications, Class 2 (substantive examination other than for novelty) or Class 3 (substantive examination due to declaration of opposition) apply (see regulation 12(1)(c)(i)).
    - Maximum duration of protection based on national ordinance (see article 17(3)(c))
  • (2) Paris Route
  • (3) Registered Community Design (RCD)



6. Trademarks

(1) Protection Eligibility

Words, designs, ornaments, color combinations, products or the three-dimensional forms of their packages, melodies, and other sound signals are eligible for protection.

* Unlike in Japan, sound trademarks are also eligible.



(2) Documents needed

1. Request for application, 2. trademark sample (in cases where the trademark includes elements other than letters in colors or forming figures, etc.), 3. a tape with recorded sound (in the case of a sound trademark), 4. trademark use contract (in cases of collective trademarks or collective guarantee marks), 5. Power of Attorney (certification not required), 6. Priority document (in the case of claiming priority).

* A system for collective trademarks and collective guarantee marks exists.



(3) Developments Between Application and Registration

1. Formal examination

An examination is conducted in order to ascertain that the documents necessary for recognition of the filing date have been submitted and that they fulfill formal requirements.


2. Publication of application

The application is published within three months from filing.

After publication, third parties are able to submit information with regard to reasons for denying protection of the trademark.


3. Substantive examination

  • Reasons for refusal
    As in Japan, trademarks which are not easily recognizable; trademarks which, being identical or similar to prior trademarks, designate identical or similar goods or services; and trademarks which contravene public order and morality, etc. are subject to rejection. It is possible to respond to the notification of reasons for refusal by submitting a written opinion or an amendment, with divisional applications, etc.
    If as a result of a response to the notification, the reasons for refusal are overcome, a decision to grant a registration will follow; if the reasons for refusal still exist, a decision of refusal is made.
  • It is possible to request a second trial examination after a decision of refusal.


(4) Grant of Registration

After a decision to grant a registration has been made, a right is granted upon payment of the registration fee within a certain period.



(5) Terms of Use

If a registered trademark is not used for more than five consecutive years without a valid reason, the registration can be canceled upon request.



(6) Application Routes other than Direct Application

Applications may also be filed under the Paris Convention, the Madrid Agreement, and as a Community Trade Mark (CTM).





Patent and Trademark Attorney


Patent Department manager
Patent&Trademark Attorney
Specialist
Mitsuko YAMAGUCHI
Mitsuko YAMAGUCHI Mitsuko YAMAGUCHI obtained a BS in Chemistry from Nara Women's University, and also completed a Diplom oral examination at Hamburg University. The targets of her research include Solution chemistry and Glycochemistry. She specially covers Chemistry and Biotechnology. She is presently a member of JPAA.

I always feel the great responsibility in treating every case. In order to maximize the value of the client's intellectual property, I'll do my best based on my knowledges of technologies, especially of chemistry and biotechnology, and knowledges of up-to-date foreign and domestic laws, so as to give you the most powerful strategy.
Osaka Legal Department Design Division Assistant Manager
Patent&Trademark Attorney
Patent&Trademark Attorney
Keiko NISHIDA
Keiko NISHIDA A good design creates a great marketability, differentiating clients' goods from others.
Seeking for our clients' satisfaction, I strive to protect their valuable intellectual properties including design.
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