Frequently Asked Questions - FAQ
IMPORTANT HINT for non-residents (not applicable for convention regulations concerning international applications):
We are kindly informing that any persons not having their domicile or seat in Poland, in proceedings before the Patent Office of the Republic of Poland in matters relating to the filing and processing of applications and maintenance of the protection (including fee payments) of inventions, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits may only act when represented by a patent attorney entered in the Patent Attorneys' Register kept by the Patent Office of the Republic of Poland whose address for services is in Poland (Article: 236 of the Industrial Property Law).
The Contents
- What is an industrial property ?
- I have got an idea. Can I protect this idea ?
- How to check whether I infringe exclusive rights or not ?
- I want to patent an invention. How to do it?
- How can I register a trademark?
- Where can I find the International Classification of Goods and Services (Nice Classification) ?
- When and how to extend a trademark for subsequent 10-year period of protection ?
- 10-year period of trademark protection has expired. What to do ?
- Where can I find information about the fees in the procedure before the PPO ?
- Where can I find short explanation of the meaning of various terms which I meet in documents and publications in the field of patent information ?
1. What is an industrial property?
Industrial property is a kind of exclusive rights resulting from national, international or regional legislation... a patent, a right of protection for a utility model, a right of protection for a trademark...
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2. I have got an idea...?
No. According to Article 24 of the Act Industrial Property Law, patents are granted for inventions which are new, which involve an inventive step and which are susceptible of industrial application. Therefore, any assumptions, ideas, concepts, proposals for improvements, untested solutions, rationalisations cannot be the subject of a patent application. If you require further assistance or consultation, you may contact a patent attorney.
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3. How to check whether I infringe...?
1. Visit the Library of the Polish Patent Office, where national and international collections of patent documentation and literature are stored. Patent information is a source of the most early disclosed data from the technical information field; about 80% of information contained in patent documents is not disclosed in other publications...
2. Search data bases storing patent information files, more...
3. Seek advice of a patent attorney.
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4. I want to patent an invention. How to do it?
1. Check if you don't infringe exclusive rights.
2. File an application. Filing a patent application or a utility model application with the Patent Office requires submission of an appropriate documentation to the PPO. You need to submit a request with a description of the solution, claims of the subject matter, an abstract and drawings.
Detailed requirements to be met by an application are given in Regulation of the Prime Minister of 17 September 2001 on filing and processing of patent and utility model applications (Journal of Laws No 102, text 1119);
3. Complete an application Form (Polish version only!) which is also available at our General helpdesk. The form contains Instructions wherein you can find detailed information on how to fill the form out.
4. Pay an application Fee into the Patent Office's account: NBP O/O Warszawa PL93101010100025832231000000;
5. In case you need advice or consultation, you may contact a patent attorney.
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5. How can I register a trademark?
1. Check the possibility to register the name in the PPO's databases or in the Reading Room of the PPO open Monday to Friday 8:00 - 16:00;
2. Complete an application Form (Polish version only!) which is also available at our General helpdesk. The form contains Instructions wherein you can find detailed information on how to fill the form in and how to describe the trademark;
3. Obligatorilly indicate the respective class/classes of goods according to the International Classification of Goods and Services (Nice Classification);
4. Pay an application Fee into the Patent Office's account: NBP O/O Warszawa PL93101010100025832231000000;
5. In case you need advice or consultation, you may contact a patent attorney.
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6. Where can I find the International Classification... ?
List of goods and services contained in the International Classification of Goods and Services (NIce Classification) is available for inspection in the Reading Room of the PPO, open Monday to Friday 8:00 - 16:00. For internet users, The Classification of Goods and Services is available in Polish, in English and in French on our Office's website.
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7. When and how to extend a trademark... ?
A request for the renewal of the right of protection for a trademark (with the registration number and the name of the trademark given) should be submitted before the expiration of the running protection period, however not earlier than 1 year before the expiry date.
The request should be submitted against payment of a due maintenance fee (click here for more information)
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8. 10-year protection period for my trademark has
expired...
You may also submit a request, against payment of an additional fee, within 6 months after the expiry of the protection period. This time-limit is non-restorable. (See: Fees and Article 224, paragraph 4 of the Act Industrial Property Law).
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9. Where can I find information about the fees... ?
Please use the following link:
http://www.uprp.pl/Polski/Postępowanie+przed+UPRP/Oplaty/default.htm
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10. Where can I find short explanation of the meaning... ?
Look up "The Glossary of terms concerning industrial property information and documentation" which is available for your use on our website.
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