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2007 Changes in regulation of industrial property law

On the 1st of November 2007 a new amendment of regulation in industrial property law dated on 29th of June 2007 (Dz.U.2007 nr 136, pos. 958) came into force, which to large extent simplifies procedures of submitting subjects of industrial property to The Patent Office.

According to the new amendment it is possible to apply for a legal protection of inventions and trademarks online. It means that a person who applies for a legal protection on specific subject of industrial property does not have to go to the Patent Office personally. Now this kind of application can be made online. Furthermore, it is now possible to maintain electronic correspondence, which will be taken into consideration in determination of priority for obtaining the legal protection.

The amendment from June introduced the possibility of notification improvement of subject of industrial property right till the moment of issuance of a decision about granting legal protection. Till now it was possible only after the decision by Patent Office was issued.

Regulations of the amendment changed for better requirements for inventors defining the time limit for submitting translations of priority evidence and declaration about grounds for using previous priority. An additional three months time limit was also introduced which is counted from the date of notification of an invention. During this time limit the person who submits the notification should send translation into Polish or another language when such obligation it arises from the international agreement. When notification does not include translations, Patent Office calls by its own decision to complete a motion on pain of refusal of awarding previous priority. Person awarded with a right to use a previous priority, that results from the application or issue an invention made by another person, has got three months from the date of notification an invention for sending a statement explaining grounds of using the previous priority.

At the same time foreign inventors who apply for a patent do not have to indicate that they also want legal protection in Poland. From now on it is sufficient to submit a translation of appropriate documentation in order to exercise the protection of a industrial property right in Poland.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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