Polish utility model applications

From Kancelaria Patentowa Łukaszyk

Why protect your utility models in Poland?

Today as a member of the EU, NATO and OECD, Poland is a trustworthy and reliable partner for international business.

• Large domestic market (The population of Poland is about 38.6 million of citizens);
• Perspectives for dynamic economic development (nine in ten enterprises have noted an increase in their revenues in last years [1]);
• The largest and the youngest well-educated working population in Central Europe (a larger pool of scientists and engineers than in Czech Republic, Hungary and Slovakia combined);
• Central location in Europe = a very good "bridging position" assuring easy access of goods manufactured in Poland both to the EU and the Eastern markets;
• Free movement of goods, services, capital and labour = easy transport within the EU;
• Transparent and known legal system, international legal and business standards;
• Financial aid funds from the EU.

Utility model protection lasts 10 years counted from the filing date and is divided into 4 protection periods.

Filing requirements

The following particulars are required to file a Polish utility model application with convention priority (see also: Polish patent application):

• name and address of the applicant(s) and inventor(s),
• if the priority is claimed - priority information (at least country and date),
• utility model specification, i.e.: description, claims and drawings,
• other relevant information concerning the application e.g. amended pages of the specification, etc.,
• the Power of Attorney PPO duly signed by a person(s) entitled to represent the applicant.

Underlined elements are obligatory. The PoA form may be submitted later, upon the PPO request (usually within 3-4 months after filing).

Certified Priority document must be filed within 3 months from the date of filing. Applicable languages are English, French, German and Russian. Otherwise a certified translation is required.

Drawings of the utility model are obligatory.

The information concerning the acquirement of the right to the patent by the applicant (e.g. as employer) must be indicated.

The deadline to file the application amounts 12 months from the priority date.

Application timeline

After receiving the application, fulfilling the requirements, the PPO assigns a subsequent application number corresponding to the date of filing the application.

The substantial examination of the application usually starts after 3-4 years from the filing date on the ground of the search report prepared earlier by the PPO.

During the examination of the application, the PPO may invite the applicant to furnish documents and explanations relating to the application, as well as to make specified amendments to the specification. None of the amendments may extend the subject matter disclosed in the application as filed.

Graniting a right of protection is evidenced by the issue of letters patent containing utility model specification and recorded in the Patent Register.