| Step number | Step corresponding information |
| step 1 | Prepare a utility model specification which includes: – a written description (to allow others to see how it works) – drawings (in any case) – claims (precise legal statements in the form of single sentences to define the technical features) – an abstract (a summary that includes the important technical aspects) NOTICE: Applicants not having their domicile or seat in the Republic of Poland must appoint a local patent agent. Here’s a link to the list of utility model representatives: http://www.rzecznikpatentowy.org.pl/index.php?gora=5 |
| step 2 | You fill in and file the form “Request for grant of an utility model” with us, together with three identical copies of your utility model specification. You can also file your application by means of fax, but in this case you have to provide us, within 30 days from the filing date, with original copy of the application. Together with filing the request form you must pay an appropriate application fee. or using the software epoline® Online Filing (eOLF) http://www.epo.org/applying/online-services/online-filing/national/pl.html |
| step 3 | We respond by issuing a filing receipt which includes an application number and date of filing. |
| step 4 | First phase of the examination: – formal examination, – search report, The Patent Office shall draw up a search report containing the citations of the documents which may be taken into consideration in evaluating the utility model claimed in the application and sent to the applicant. – publication of the application. We publish your utility model application in the the PPO’s first-level Official Gazette (Biuletyn Urzedu Patentowego) shortly after 18 months from your filing date (or priority date), as long as you have not withdrew the application. The applicant may, however, within a period of 12 months from the date of priority, request publication at an earlier date (in this case an additional fee must be paid). Register Plus is an online publication, where you may find information about application (description, claims, drawings, abstract, search report and bibliographic data) – http://regserv.uprp.pl/register/regviewer |
| step 5 | Second phase of the examination: -substantive examination (we examine novelty of your utility model) When we examine your application, we let you know what, if anything, needs to be amended or completed and the period of time for you to respond. If your application meets all the requirements of the Polish Industrial Property Law PIPL; (here is the link to PIPL: http://www.uprp.pl/akty-prawne/Lead03,13,1315,1b,index,pl,text/podstawowe-obowiazujace-akty-prawne/Lead03,50,262,1b,index,pl,text/ , we will grant a right of protection and send you a certificate of protection. Also we will publish information on your protected utility model in PPO’s second-level Official Gazette (Wiadomosci Urzedu Patentowego) (issued monthly). Utility model protection has a term of 10 years beginning on date of filing. NOTICE: A right of protection for utility model is granted subject to payment of a fee for the first protection period. Failure to pay the fee within the prescribed time limit results in declaring by the Patent Office that the decision on the granting of protection for your utility model has lapsed. Full texts of protected Polish utility models’ specifications are available in PDF format on the Publication Server – http://pubserv.uprp.pl/PublicationServer/index.php?jezyk=en |
| Step | Fees (zł) | Comments | |
| Standard procedure | Application fee | <500 | Paper filing. The Application Fee can be paid: 1. Directly to our bank account “ Narodowy Bank Polski, Oddzial Okregowy WarszawaÂâ€, account No. 93101010100025832231000000: BIC (SWIFT): NBPPLPLPW. The effective date of payment in this case is the date on which the sum was credited to the mentioned account. 2. In cash at our Office The effective date of payment in this case is the date marked by the date stamp on the payment receipt issued at our Office. 3. By a postal money order The effective date of payment in this case is the date marked by the postal date stamp (at our Office) on the postal money order. |
| Publication fee | 70 | ||
Additonnal fees :
- 60 PLN : Request for earlier publication
- 60 PLN : Request for the exemption from or the postponement of payment of fee
- 60 PLN : Request for the restoration of the time limit
More information on fees can be found at: http://www.uprp.pl/oplaty-w-postepowaniu-artykul-wstepny/Lead05,684,2801,4,index,pl,text/
Our fees for processing a Polish utility model application amount to PLN 550.
NOTICE:there is an extra fee of PLN 25 for each page exceeding 20 pages of the description, claims and drawings; and extra fee of PLN 100 for a declaration claiming priority (for each priority).
Defensive Actions
Cancellation
General information
Who can file a request for the cancellation of my utility model?
- A a right of protection for a utility model may be declared invalid in whole or in part at the request of any person having a legitimate interest therein, who is able to prove that the statutory requirements for the grant of a right of protection for a utility model have not been satisfied.
- The General Prosecutor of the Republic of Poland or the President of the Patent Office may, in the public interest, request that a right of protection for a utility model be invalidated or intervene in an invalidation action already pending.
Can I file a request for the cancellation of someone else’s utility model?
- A a right of protection for a utility model may be declared invalid in whole or in part at the request of any person having a legitimate interest therein, who is able to prove that the statutory requirements for the grant of a right of protection for a utility model have not been satisfied.
- The General Prosecutor of the Republic of Poland or the President of the Patent Office may, in the public interest, request that a right of protection for a utility model be invalidated or intervene in an invalidation action already pending.
Are there specific deadlines/timeframes which I have to observe in connection with a request for cancellation / cancellation proceedings?
Without time limit.
Who will take a decision on the cancellation?
The Patent Office shall make a decision in litigation procedure on invalidation of a right of protection (Industrial Property Law Article 255)
Opposition
General information
Who can file an objection against my utility model?
Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right of protection.
The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right of protection may be invalidated.
(Industrial Property Law Article 246)
Can I file an objection against a someone else’s utility model?
Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right of protection.
The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right of protection may be invalidated.
(Industrial Property Law Article 246)
Are there specific deadlines/timeframes which I have to observe in connection with objection proceedings?
Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right of protection.
The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right of protection may be invalidated.
(Industrial Property Law Article 246)
Who will take a decision on the objection?
The Patent Office shall immediately communicate the opposition referred to in Article 246 to the right holder and invite him to file his observations within a fixed time limit.
Where, following the communication of the Patent Office referred to in paragraph (1), the right holder claims the opposition to be unjustified, the case shall be submitted for examination in litigation proceedings. Otherwise, the Patent Office shall decide on reversal of the decision on the grant of a right of protection and discontinue the proceeding.
(Industrial Property Law Article 247)
The Patent Office shall make a decision in litigation procedure on invalidation of a right of protection (Industrial Property Law Article 255).
Decisions made and orders issued by the Patent Office shall be subject to complaint to the administrative courts (Industrial Property Law Article 248).
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Utility model application: http://www.uprp.pl/pobierz-formularz/Menu02,166,4,index,pl/
Other usef links:
http://ipu.uprp.pl/portal/web/guest/regulations
http://www.epo.org/applying/online-services/online-filing/national/pl.html
Full schedule of fees can be found at: http://www.uprp.pl/oplaty-w-postepowaniu-artykul-wstepny/Lead05,684,2801,4,index,pl,text/
| Year | Standard fees (zł) | Reduced fees (zł) | Comments |
| 1 | 250 | ||
| 4 | 300 | ||
| 6 | 900 | ||
| 9 | 1100 |