Poland belongs to the following patent-related international teaties:

• Paris Convention
• Patent Cooperation Treaty ("PCT")
• TRIPS
• Patent Law Treaty ("PLT")
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
• European Patent Convention ("EPC")

Inventions protections available in Poland include:

• Inventions
• Utility models

The following subject matter is excluded from patent protection in Poland:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Other: in particular: Discoveries and scientific theories, mathematical methods; purely aesthetic creations; schemes, rules and methods of performing mental acts, playing games and doing business; presentations of information; plant varieties or animal breeds and essentially biological processes for the production of plants or animals; creations or methods the utility of which is not proved under the generally accepted and recognized principles of science; inventions the exploitation of which would be contrary to public order or morality.

Documents and information required for filing a national patent application in Poland include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Power of Attorney
• Deed of Assignment
• Other: The title of the invention/utility model; an applicant's declaration on using priority; an address for correspondence; a signature of the applicant or its representative. The application should also contain proof of priority if need be; proof of payment of the application fee; proof of payment of stamp duty on the power of attorney. All documents should be translated into Polish. Official documents have to apostilled or legalized.

Yes, it is possible to request early publication or deferment of publication in Poland. The Patent Office publishes an application immediately after 18 months from the date of priority to obtain a patent. An applicant can, within 12 months from the date of priority, request publication at an earlier date. After publication, the application is forwarded for substantive examination, and, therefore, earlier publication means acceleration of the procedure. A motion for earlier publication is subject to a fee of PLN 60 (approx. EUR 14 or USD 16). It is not possible to request a deferment of publication.

No, the applicant does not have a provisional right upon publication of an application in Poland.

It is possible to file voluntary amendments in Poland at the following times:

• Other: Until a decision on granting a patent is issued, additions and corrections to the application for the invention can be made. However, they cannot exceed the content of the application as filed (the description of the invention, patent claims and drawings).

No, it is not required to file a request for substantive examination in Poland. 

Yes, there is a third-party opposition procedure upon publication or after grant in Poland. 

The time period from application to grant in Poland is between 2-3 years.

Yes, there is a process for accelerated examination of an application in Poland. An applicant can benefit from earlier publication of the application, please see point ……;  the global patent prosecution program, the PPO joined the program; a motion to accelerate examination of the application, which can result in the PPO reporting on the state of the art within a shorter timeline (it usually takes approx. nine months), such approach is, though, not reflected in relevant provisions of law.

Yes, it is required to pay an annuity to maintain the validity of a patent in Poland. 

Yes, late payment of an annuity is permissible in Poland. It is possible to pay the fee within six months after the expiry of the previous protection period, with an additional payment of 30% of the fee due. The extension of the six-month period is not allowed.

Available enforcement methods in Poland include:

• Civil enforcement
• Administrative enforcement
• Border measures

There are no peculiarities in the system of protection for a patent that differs a lot from the systems implemented in other European countries. One of the peculiarities is that as of July 1, 2020, only one specialized IP court in Warsaw hears patent cases. Even though the specialized court was established, under the Polish law it is still impossible to invalidate the patent in the counterclaim; that possibility is only permitted for trademarks and design rights. Therefore, if an opponent disputes the validity of a patent, the opponent should file a motion for invalidation in the Polish Patent Office. The general trend is that invalidation proceedings are commenced by infringers as a part of a defense strategy if they receive a warning letter, or have been sued. It is also common for them to request a court to adjourn infringement proceedings until an administrative decision in finality is issued in the invalidation proceedings.