Poland

The Republic of Poland (hereinafter referred to as "Poland") is located in the south of the Baltic States, and is the largest republic in Eastern Europe, with an area of ​​32.3 square kilometers (approximately four-fifths of Japan) and a population of approximately 5 million people. be.

The official language is Polish and the capital is Warsaw.

Poland's main industries are food, automobiles, metals, chemical products, and fuel, and it exports automobile parts and artificial graphite to Japan.

 

Overview of Polish intellectual property law

An overview of Poland's intellectual property laws is as follows.

[Table XNUMX]

  Patent utility model design 商標
local agent
necessity
want
Application language Polish
Examination system will get will get No will get
Request for examination No
Duration 20 years since application
(In principle, no extension)
10 years since application 5 years since application
(Can be extended 5 times for 4 years)
10 years since application
(can be updated)
Objection 6 months from publication of gazette
Invalidation trial will get

 

 

patent system

Subject of patent grant

Inventions that are novel, have an inventive step, and can be used industrially

Discoveries, scientific theories and mathematical methods, aesthetic creations, computer programs, mental activities, etc. are not inventions.

Inventions that may violate public order and morals, plant or animal breeds or essentially biological methods for producing plants or animals, methods of surgery, treatment and diagnosis of humans and animals, various forms and development methods. No patents are granted for the mere discovery of the human body and elements of the human body, including gene sequences, at a stage.

Required Documents

  • ①Application form
  • ②Details
  • ③Claims
  • ④Summary
  • ⑤Drawings if necessary
  • ⑥ Power of attorney (certification not required)
  • ⑦Priority certificate (if claiming priority)
  • ⑧Deed of assignment (if the right to obtain a patent is assigned)

In principle, the right to obtain a patent belongs to the creator. However, if it is created in the course of employment or during the performance of another contract, it belongs to the employer or the entrustor (the same applies to utility models and designs), unless there is a special agreement.

Flow from application to registration

①Formal examination

An examination will be conducted to determine whether the application documents necessary for certification of the filing date have been submitted and whether the formal requirements are met.

②Investigation report

For patent applications whose specifications are to be published, a search report is prepared and sent to the applicant.

The report is prepared on the basis of available patent literature in the Patent Office collection in English, French and German, patent applications and granted patents in Polish and other documents that may be taken into account by the examiner. , will be taken into account during the review process.

③Application publication

The application will be published immediately after 18 months from the priority date. An applicant may request accelerated publication within a period of 12 months from the priority date. The search report will also be made public, and third parties can provide information about the invention related to the application.

If the application procedure has been suspended by the Patent Office before the application is published, or if the refusal decision has become final, the application will not be published.

④Substantive examination

Similar to Japan, examinations are conducted for novelty, inventive step, industrial applicability, misappropriated applications, and sufficient disclosure of the invention in the specification and claims.

If the examiner determines that the substantive requirements are not met, a notice of reasons for refusal will be issued.

If the reasons for refusal are resolved by responding to the notice of reasons for refusal, a decision is made to grant a patent; if the reasons for refusal are not resolved even after responding, a decision to refuse is made.

It is possible to request a reconsideration of the refusal decision.

Patent granted

After the decision to grant a patent is made, the patent is granted on the condition that a fee is paid within a certain period of time.

Application route

Paris route, PCT route (Polish translation of specifications etc. is required), EPC route (Polish translation of specifications etc. is required)

System specific to Poland

Patent of addition system: It is possible to obtain a patent for improvements or additions to an invention without examining the substantive patent requirements. A patent of addition loses its validity at the same time as the basic patent.

Secret patent system: Inventions made by Polish nationals that are related to national defense or national security are considered secret inventions, and applications can only be filed for the purpose of claiming priority for obtaining a patent. The Patent Office must refrain from proceeding with the application during the period that the invention in question is treated as secret.

patent prosecution highway

The Patent Prosecution Highway pilot program has been in place between the Japan Patent Office and the Polish Patent Office since January 2013, 1, and has been transitioned to full-scale implementation since January 31, 2016.

As of January 2017, 1, the Polish Patent Office became a participating office in the Global Patent Prosecution Highway (GPPH) pilot program. This allows GPPH participating offices to use the Patent Prosecution Highway.

 

 

utility model system

Subject of grant of rights

New and useful solutions for technical features related to the shape, structure, and combinations of these objects

Required documents

  • ①Application form
  • ②Details
  • ③Claims
  • ④Drawing (required)
  • ⑤ Power of attorney
  • ⑥Priority certificate (if claiming priority)
  • ⑦ Assignment certificate (if the right to obtain protection for a utility model is assigned)

Flow from application to registration

Basically the same as a patent.

The novelty and industrial applicability will be examined. Unlike patents, inventive step is not examined.

Grant of registration

After the decision to grant registration is made, the rights will be granted by paying the registration fee within a certain period of time.

Application route

Paris route, PCT route (Polish translation of detailed statement etc. is required.)

 

 

design system

Subject of grant of rights

Appearance of all or part of a product that is novel and unique, or that arises from the lines, outline, color, form, texture, or material characteristics of its decoration.

Required documents

  • ①Application form
  • ②Details
  • ③Drawings
  • ④ Power of attorney (certification not required)
  • ⑤Priority certificate (if claiming priority)
  • ⑥Deed of assignment (if there is an assignment of the right to register a design)

Main design systems

★Multiple designs per application system: Yes
  A single design application can include up to 10 variations of designs that share the same essential features.

★Partial design system: Yes

★ Design system for knitting: Yes

★Related design system: Yes

★Secret design system: None

Application publication system

The application publication system is not adopted.

Examination

① The examination request system is not adopted.

②No substantive examination
Although novelty and originality are required as registration requirements, these substantive requirements are not examined, only formal requirements and violations of public order and morals are examined.

・Method requirements
 A single application contains 10 or more designs (divisional applications are required).
 Designs that clearly lack novelty and originality

・Violation of public order and morals
 Designs, etc., including representations of Poland, public signs, etc.

Registration opposition

Timing: 6 months from the date of publication of the design gazette
Subject: Any person may file an opposition to registration.
Main reasons for non-registration

 1) Design determined exclusively by the technical characteristics of the product
 2) Designs without novelty or originality
 3) Designs that must be reproduced in exact shape and dimensions for mechanical connection or interaction with other products

If an opposition is filed, the design right holder will be given an opportunity to make a counter-statement.
In addition, an appeal can be filed to the administrative court against the opposition decision of the Japan Patent Office.

Exception to loss of novelty

Novelty shall not be lost in the following cases:

  • Disclosure of designs to third parties under conditions of confidentiality
  • Disclosure of the design within 12 months prior to filing by a third party with the consent of the creator (or successor)
  • Disclosure of a design within 12 months prior to filing as a result of abuse of rights by the creator (or successor)

Grant of registration

After the decision to grant registration is made, the rights will be granted if the publicity fee and registration fee (for the first five years) are paid within a certain period of time.

Duration

25 years since application. Renewable every XNUMX years

Application formats other than direct application

① Hague Agreement
  1) Parties to the Hague Agreement: Geneva Act (1999)
  2) Effective date: July 2009, 7
  3) Declarations made by Parties
   ・Prohibition of postponement of publication. (Article 11(1)(b))
   ・Standard designation fee: Grade 2 for fees related to international applications (substantive examination other than novelty)
    Or grade 12 (substantive examination based on opposition) shall be applied. (Rule 1(XNUMX)(c)(i))
   - Maximum duration of protection under national law (Article 17(3)(c))

②Paris route

③Registered Community design (RCD)

 

 

trademark system

Protection target

Words, designs, decorations, color combinations, three-dimensional shapes of products or their packaging, melodies and other acoustic signals.

Required documents

  • ①Application form
  • ②Trademark sample (if it includes elements other than text such as shapes or colors)
  • ③Tape with sound recorded (in case of sound trademark)
  • ④Trademark usage terms (for collective trademarks and collective guarantee trademarks)
  • ⑤ Power of attorney (certification not required)
  • ⑥Priority certificate (if claiming priority)

★There is a system for collective trademarks and collective guarantee trademarks.

First-to-file principle

A first-to-file system is adopted.

Multi-class single application

You can apply for multiple categories in one application.

standard writing system

No standard writing system is used.

Flow from application to registration

①Formal examination

An examination will be conducted to determine whether the application documents necessary for certification of the filing date have been submitted and whether the formal requirements are met.

②Application publication

The application will be published within three months of filing.

After publication, third parties may provide information regarding the reasons for denying trademark protection.

③Substantive examination

⇒Due to the law amendments effective April 2016, 4

Previous substantive examinations have examined both absolute reasons for refusal and relative reasons for refusal, butA system that examines only absolute reasons for refusalChanged to.
Absolute grounds for refusal are grounds for refusal that prevent the registration of trademarks that lack the distinctiveness that a trademark should have, signs that do not meet the definition of a trademark, trademarks that are contrary to public order and morals, etc.
If it is determined that there are absolute grounds for refusal, the applicant will be notified and can take action.

There was a registration opposition system after trademark rights were granted, butChange to opposition system before trademark rights are granted.
An objection can be filed within three months from the date of public notice. Grounds of opposition are filed solely on the basis of relative grounds of refusal, which the applicant must compare with his or her prior trademark.
There will also be a two-month cooling-off period for settlement negotiations. The parties can negotiate and reach a settlement within this period. The cooling-off period may be extended only once by four months.

Relative reasons for refusal are when the trademark applied for is the same as the earlier trademark, and the goods or services covered by the trademark are the same as the goods or services covered by the earlier trademark. , or where there is a risk of confusion among the public because the goods or services bearing the trademark are similar to the goods or services bearing the preceding trademark.

Regarding divisional applications, it was possible to file a divisional application only during the application examination, butDividing is also possible in an appeal trial or cancellation/invalidity trial.Became.

Registration granted

After the decision to grant registration is made, the rights are granted by paying the registration fee within a certain period of time.

Duration

The validity period is 10 years from the filing date. Renewal is permitted every 10 years by filing a renewal application.

Renewal period

It can be renewed within 12 months before the expiration date.

Duty to use

If a registered trademark has not been used continuously for five years or more without justifiable reasons, the registration will be canceled upon request.

Application routes other than direct application

Paris route, Madpro route, CTM route

 

 

 

Patent attorney specialist  Mitsuko Yamaguchi


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