PoLAnD
Katarzyna Karcz
Patpol
PoLIsH PAtEnt
PRoBLEMs
Although Poland’s accession to the European Patent Convention went largely Offi ce (EPO), it amounts to approximately 0.03 percent of the total number
unremarked by Polish business, it has had a long-lasting and important of applications. Th is fi gure indicates that, at present, the European patent
impact on Polish entrepreneurs, producers, importers and the Polish market system is not very popular or widely used by Polish applicants. Th is is due to
in general. the high cost of fi ling, the relatively low activity of Polish fi rms abroad and,
last but not least, insuffi cient IP awareness in Poland.
Since Poland’s accession to the European Patent Convention (EPC) on
March 1, 2004, approximately 5,500 European patents have been validated
However, irrespective of the above, the European patent procedure has
in Poland: 13 in 2005; 264 in 2006; 1,265 in 2007; 2,435 in 2008; and 3,623
become much more attractive to Polish applicants. Although it was open to
in 2009. Evidently, the number is growing each year regardless of the
Polish IP rights owners before accession, aft er accession, it became readily
recent global economic crisis. One of the factors determining growth is
available and user-friendly. Th e situation improved and the procedure was
the absence of barriers to European patent applications designating Poland
simplifi ed as a result of a number of Polish patent attorneys becoming
since accession.
registered representatives before the EPO. Th erefore, up to the validation
stage, it is no longer necessary to use both a Polish and a European (foreign)
At the same time, the number of national patent applications fi led with
representative. Previously, a foreign European representative was obligatory
the Polish Patent Offi ce has decreased compared to the years preceding
and, in practice, both were used. A European Patent (EP) application may be
accession. For example, in January 2003—the year before accession—471
fi led in Polish with the Polish Patent Offi ce—a translation into one of the EP
national patent applications (including Patent Cooperation Treaty (PCT)
languages should be fi led within two months from the fi ling date, and some
national phases) were fi led. During the three months from January to March
of the EP offi cial fees may be reduced in the case of Polish applicants.
2006 (two years aft er the accession), 489 fi lings were made, although in the
whole of 2008, just 158 national patent applications were fi led.
Th e situation for foreign applicants pursuing the granting of a patent valid
in Poland has also changed for the better. Until the accession, the only
It should also be noted that the number of European applications fi led by possible way was to go through the Polish Patent Offi ce granting procedure.
Polish applicants is not very impressive—according to the European Patent Now two options are available: a patent valid in Poland may be granted by
130 World Intellectual Property Review Digest 2009
www.worldipreview.com
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