Clarifying the concept of invention, eliminating the ambiguity regarding the protection of industrial property rights, exemption from periodic charges on industrial designs and trademarks for SMEs in the initial phase of operation – these are the most important changes that the Council of Ministers envisages in the amendment of the Industrial Property Law.
The draft amendment implements the demands made in the White Paper of Innovation on Industrial Property by the environment concerned, in particular by entrepreneurs. The new rules regulate, among others, the issue of patents for inventions, the granting of protection rights for utility designs and trademarks, as well as rights from registration of industrial designs, topography of integrated circuit and geographical indications.
The new rules regulate, among others, patents for inventions, the granting of protection rights for utility designs and trademarks, as well as the registration of industrial designs, topography of integrated circuits and geographical indications
- The purpose of the amendment prepared by the MPiT is to substantially rebuild the industrial property system so that reporting and exercising the rights obtained is simpler and user-friendly. This in turn, I hope, will encourage Polish entrepreneurs to protect their ideas and products, as well as industrial designs and trademarks more strongly – explains Minister of Entrepreneurship and Technology Jadwiga Emilewicz.
The new regulations will also benefit Polish Patent Office employees and the legal environment.
- The implementation of the new rules also increases the staff of experts who evaluate patent protection applications. In contrast, lawyers and legal advisers will also be allowed to conduct cases concerning industrial designs and geographical indications – in addition to patent attorneys – - added the head of MPiT.
Major changes:
- Attorneys of the parties in proceedings before the Patent Office – in industrial design and geographical indications – in addition to patent attorneys – will also be able to be lawyers and lawyers. This means increasing the availability of legal assistance in the area of industrial property protection. Currently lawyers and lawyers may be attorneys in trade mark cases.
- The clarification of the concept of invention and the ambiguities concerning the protection of industrial property rights were eliminated. In this way, entrepreneurs interested only in the Polish market will be able to patent their inventions in the Polish Patent Office, not in the European Patent Office, using similar case law of both institutions. Following changes in patent regulations, the Patent Office will process applications in a similar manner to the European Patent Office.
- Improvement of proceedings before the Patent Office (UP), including the acceleration of the disputed proceedings in cases of annulment or revocation of the patent, safeguard right or registration right. It will also be possible to reduce the waiting time for documents confirming the granting of exclusive rights. This means that companies will obtain exclusive rights more quickly (e.g. rights from registration of an industrial design) before the expiry of one month from the date of notification.
- Exemption from periodic fees on industrial designs and trade marks of entrepreneurs (at their request) from the small and medium-sized enterprises sector at the beginning of their business activity, i.e. during 3 years after it started.
- Introduction of the so-called international search. It will enable the notifier, at the stage of the application for an invention, to obtain more detailed information on the state of the art. This means that he will be able to learn about the current state of knowledge in his area of interest and whether he can declare his invention as truly innovative internationally. This solution will allow the applicant to decide more quickly on the application for international protection for the notified invention.
- Abbreviation of expert application for Patent Office employees from 18 to 6 months (currently lasting 3 years and can be shortened to 18 months). This will accelerate the transition to expert positions of UP staff. This, in turn, will contribute to the growth of specialised staff and will reduce the time for processing patent protection applications.
New regulations will come into force after 3 months after their publication in the Official Journal. This will enable entrepreneurs and other users of the industrial property protection system to prepare for them properly.