From 1 November 2007, simpler procedures have been introduced at the Polish Patent Office for inventions, utility models, industrial patterns, trademarks and geographical indications.

The changes will help business in particular, because they enable cases to be dealt with more quickly and with less paperwork, especially applications for inventions and utility models. They include:

  • allowing applications to (and correspondence with) the Patent Office to be made electronically

  • simplifying the process for determining the sequence of applications for legal protection, relating to the date and manner of sending translations of priority proof and statements about the basis for exercising earlier priority

  • shortening the time needed to examine applications by removing the compulsory waiting period for receiving third party comments on the patent-worthiness of inventions

  • allowing forced licences to be granted for industrial patterns, entitling another person to use an industrial pattern where the pattern owner has abused its registered rights

  • introducing a procedure for Poland to allow the international registration of trademarks (under the Madrid Agreement and Protocol) and establishing principles for the pursuit of claims arising out of such rights

  • removing restrictions on the trade of trademark rights and on changing the trademark category. This will help businesses protect their trademark rights especially when changing to a new form of business activity or starting a new venture with another business

  • liberalising the market for the manufacture and sale of spare parts by independent manufacturers, especially for cars, by limiting the protection of industrial patterns.

Law: amendment to the Industrial Property Law

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The original publication date for this article was 03/12/2007.