Validation and protection of European Patents in Poland
After the European Patent Office (EPO) grants a European patent in which the Republic of Poland has been designated as the country of protection, a validation of the patent is necessary for effective protection of the invention on the territory of Poland.
The procedure and conditions for the validation of a European patent in Poland are specified in the Act of March 14, 2003, on the Filing of European Patent Applications and the Effects of European Patents in the Republic of Poland (Journal of Laws of 2016, item 2).
Formal requirements:
- Submission of a translation of the European patent into Polish.
Within 3 months from the date of publication by the EPO (in the EPO Bulletin) of the information on the grant of a European patent (usually publication B1), the patent owner applying for patent validation in the territory of the Republic of Poland is obliged to submit a translation of the European patent into Polish to the Patent Office of the Republic of Poland (PPO).
The translation includes a description of the invention, patent claims and drawings.
If the translation is not submitted within the above-mentioned deadline, the European patent will not be effective in Poland.
The deadline for submitting the translation is not restorable.
- Payment of the publication fee (within 3 months of delivery of the summons by the Polish Patent Office).
The amount of the publication fee is determined on the basis of the number of pages of translation (description + claims + drawings).
- Submission of a power of attorney together with proof of correctly paid fiscal fee (for persons/entities represented by a patent attorney).
If there has been a change in the holder of the patent between the date of publication of the patent grant by the EPO and the date of submission of the translation, it is necessary to submit the relevant documents to the Office.
Protection fees / annual fees
In order to maintain patent protection in the territory of the Republic of Poland, it is necessary to pay annual fees (starting from the year of protection following the year of protection in which the EPO published the information on granting the patent (B1)). As in the case of national patents, protection fees must be paid in advance, no earlier than one year before the start of the next protection period.
Fees can also be paid 6 months after the start of the protection period (with the simultaneous payment of an additional fee constituting 30% of the protection fee).
According to Article 141(2) of the European Patent Convention, an additional fee (30%) is not required if the protection fee is paid within 2 months from the date of publication of the grant of the European patent (B1).
It is acceptable to pay annual fees before submitting a translation.
