European Patent (EPO) Validation in Poland

1. Terms for patent validation in Poland

The period for filing the translation in 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

The publication fee is deemed to have been paid only when proof of payment has duly been provided. The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

2. Conditions for patent validation in Poland

2.1 Translation – Poland has enacted provisions under Article 65(1) EPC and requires a translation of the complete European patent specification if the European patent has not been granted in one of their official languages.

  • For provisional protection: it is required a translation of the complete patent specification, in German. The translation must contain a translation of the title of the invention, the application number and the applicant’s name, and indicate the invention’s IPC class.
  • After grant: a translation of the patent specification into Polish must be supplied. The published translation indicates the date on which the EPO published the mention of the grant of the European patent. The translation must be accompanied by a copy of the drawings in the European patent specification even when there is no textual matter. Due date is 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

2.2 Payment of patent validation and national registration fees:

For the publication of the mention of the filing of the translation of the claims of the European patent application, there is a special fee in amount of 90 PLN. Due date for the payment is within a month of the invitation to make a payment, or in advance.

3. Effect of the European patent as a national Polish patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in Poland

  • Due date: anniversary of date of filing.
  • Earliest possible date for payment: payment may not be made more than 12 months before due date.
  • Period of grace for payment of fees (with surcharge): 6 months from due date.
EPO annuities -Poland – EUR
Year Cost Fee Total Surcharge for late payment:
1 to 3 135 160 295 41
4 75 110 185 23
5 95 110 205 29
6 105 110 215 32
7 115 110 225 35
8 130 110 240 39
9 160 110 270 48
10 185 130 315 56
11 210 130 340 63
12 220 130 350 66
13 245 130 375 74
14 260 130 390 78
15 285 130 415 86
16 315 150 465 95
17 335 150 485 101
18 365 150 515 110
19 390 150 540 117
20 420 150 570 126

In case that your patent was filed not as EPO (European patent) patent but as PCT (WIPO, international patent), in order to obtain the protection on the national level, you may need to open to your patent to the national phase in Poland.