Patent of Invention in Poland

Patent protection for inventions in Poland is obtained through the Polish Patent Office and requires novelty, inventive step and industrial applicability.

Applications for patents in Poland are filed and prosecuted before the Polish Patent Office, Urząd Patentowy Rzeczypospolitej Polskiej (UPRP).

Foreign applicants must act through a registered Polish patent attorney. We coordinate patent filing and prosecution for international clients through the required local representation framework.

Patentability Requirements

Worldwide novelty
Inventive step
Industrial applicability

Important Filing Deadlines

Convention priority under the Paris Convention: within 12 months from the first filing date.
PCT national phase: up to 30 months from the priority date.
Restoration of priority may be available where applicable.

Required Information and Documents

Applicant’s name and address
Description, claims and abstract of the invention
Drawings, where applicable
Power of attorney

The power of attorney may be submitted within 2 months.

The application must be filed in Polish. If the application is filed in a foreign language, a Polish translation must be submitted within 2 months from the filing date.

Procedure

Formal Examination

The Polish Patent Office checks whether the application contains the required elements and complies with formal requirements. If defects are identified, the applicant is invited to correct them.

If the formal requirements are satisfied, the filing date is established and the applicant is notified.

Substantive Examination

In Poland, a separate request for substantive examination is not required. Substantive examination begins automatically after successful completion of formal examination.

During examination, the applicant may receive office communications requesting amendments or explanations. The standard response period for an office communication is usually from 4 to 12 months.

Publication

The application is published after 18 months from the filing date or priority date, where priority is claimed.

Grant of the Patent

If examination is successful, UPRP issues a decision to grant the patent. The applicant then pays the required fees, the patent is entered in the official register and the protection document is issued.

The patent takes effect from the filing date.

Patent Term and Maintenance

A patent for an invention in Poland is valid for 20 years from the filing date.

For pharmaceutical and agrochemical patents, a Supplementary Protection Certificate (SPC) may be available for up to 5 additional years where applicable.

Maintenance Fees

The first payment for the first 3 years is due within 3 months from receipt of the grant decision.
Subsequent payments are made annually.
A 6-month grace period is available with payment of an additional fee equal to 30% of the overdue amount.

How We Help

Filing Coordination

We coordinate preparation and filing of patent applications through the required Polish representation route.

Translation Support

We assist with preparation and coordination of Polish translations where required.

Prosecution Support

We support responses to office communications, amendments and examination strategy.