A patent for an invention is an effective way to protect innovation, granting exclusive rights to use a technical solution on the market. This article outlines, step by step, how to patent an invention in Poland: from the patentability search, through preparing documentation, to the issuance of a patent by the Polish Patent Office (UPRP) and further obligations related to protection.
Before starting the formal procedure, it is recommended to conduct a patentability search. This involves analyzing patent databases and available sources to check whether your invention meets the key criteria: novelty, inventive step, and industrial applicability. This process helps assess the chances of obtaining protection and avoid costly mistakes. The search can be carried out by an experienced patent attorney or a patent law firm.
To effectively secure your invention, you need to prepare a complete set of documents:
It is advisable to use the help of a patent law firm to properly formulate the patent claims, as these determine the strength of the patent protection.
The application is filed to the Polish Patent Office in Warsaw, either electronically or on paper. Once the documentation is accepted, the UPRP assigns an application number and filing date. A formal examination follows, during which the office verifies the completeness of the documents and the payment of the application fee.
After the formal examination, the UPRP conducts a preliminary patent search. As a result, the office prepares a state of the art report and issues a preliminary opinion on the patentability of the invention.
Important:
In Poland, there is no obligation to respond to the search opinion at this stage—the applicant may, but does not have to, submit explanations or make changes to the application.
After the search is completed, the application is published in the Patent Office Bulletin – typically 18 months from the filing date, although earlier publication can be requested (for an additional fee).
From the moment of publication, the invention gains so-called provisional protection:
During the provisional protection period, the applicant is entitled to pursue claims in the event of infringement, but only after obtaining the patent, with retroactive effect from the day after the publication of the application. This means that if someone uses the invention without the applicant’s consent between publication and patent grant, the applicant—after obtaining the patent—may claim damages for infringements dating back to the day after publication.
After publication, the UPRP carries out a detailed substantive examination. At this stage, the office thoroughly analyzes whether the invention meets all statutory requirements. If obstacles to granting the patent are found, the office sends a notification of obstacles (a so-called preliminary refusal) to the applicant and sets a deadline (usually one month) for a response, amendments, or arguments in defense of the application. Failure to respond may result in refusal to grant the patent.
Decision to Grant a Patent and Issuance of the Patent Document
If there are no obstacles, the UPRP issues a conditional decision to grant a patent. Obtaining the patent requires payment for the first protection period (covering the first three years) and for publication. After payment, the office issues the patent document, which includes the description, claims, and drawings of the invention.
After the information about the grant of the patent is published in the Patent Office Gazette, anyone may file an opposition to the decision within six months. The opposition must be submitted in writing, with justification and a fee, to the Polish Patent Office.
Opposition can be based only on circumstances justifying the invalidation of the patent, in particular, failure to meet the requirements for patentability (e.g., lack of novelty, inventive step, or industrial applicability).
If you plan to protect your invention outside Poland, remember:
You can file the same invention in other countries based on the right of priority (defined in the Paris Convention) only within 12 months from the first filing. After this period, you lose the possibility to use the priority right and to patent the invention abroad.
A patent in Poland is valid for a maximum of 20 years, provided that maintenance fees for subsequent protection periods are paid regularly. Missing deadlines results in the expiration of the patent.
Maintenance fees: These increase with each subsequent year of the patent. The fee schedule for extending patent protection is available from the UPRP.
If you are wondering how to get a patent in Poland, how to legally protect an invention or a design, or to register a trademark or a logo, the support of an experienced Polish patent attorney and an IP law in Poland firm is crucial. Conducting a patent search, professional preparation of documentation, and monitoring formalities by a patent office are guarantees of effective protection. Remember, securing your invention with the UPRP is an investment in the security and value of your company.
At your request, a patent law firm will monitor deadlines for extending the validity of your patent.
Looking for help getting a patent? Contact our patent law firm in Poznań – a patent attorney will help you patent your innovation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific guidance, consult a qualified patent attorney.