PCT NATIONAL PHASE ENTRY
Poland

Poland, a sizable nation in Central-Eastern Europe with a population of around 38 million people, stands as a key player on the global economic stage. The Polish economy is characterized by its dynamic and vibrant nature, currently holding the 22nd position among major economies worldwide. When considering individual prosperity with purchasing power parity in mind, Poland is recognized as the 39th wealthiest country globally.

This economic prowess is further underscored by Poland's active participation in international intellectual property initiatives. On December 25, 1990, Poland joined the Patent Cooperation Treaty, exemplifying its dedication to fostering collaboration and innovation on a global scale.

The major requirements and procedure to file a patent application in India are mentioned below:

The designated period for submitting a patent application in India under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority. 

If the international application is filed in any other foreign language, the Polish translation thereof must be filed within three months of extension from entering the PCT national phase.

In this nation, Polish serves as the official language for patent applications.The submission of the patent application is flexible in terms of language, allowing for filings in any linguistic format. However, in the event of an Office Action requesting translation into Polish, a detailed and accurate translation must be provided within the timeframe specified by the Patent Office. This approach ensures that language requirements are appropriately addressed in response to official communications from the Patent Office, contributing to the thorough and effective processing of the patent application.

The deadline for entering the late national phase with a patent application cannot be extended.

The required official documents for filing a national phase application encompass:

• Power of Attorney: in situations where the applicant lacks a residence or principal place of business in Poland or another member state of the European Union or the European Free Trade Association, the appointment of an agent is required.
• Assignment Deed: the applicant's right to the patent, when not the inventor, is typically justified through legal documentation, such as assignments or agreements, demonstrating the transfer of intellectual property rights or relevant contractual relationships, establishing the applicant's rightful ownership.
• Verified Polish Translation

No exemptions in cost are granted for the patent application when entering the national phase.

The examination of a Polish patent application commences automatically upon submission, involving a detailed review of its legal and technical compliance.

Patent Prosecution Highway Program under the PCT

The aim of the PPH is to make it super easy for applicants to get a patent everywhere and quickly. It's like a global teamwork where IP Offices share their findings to make exams easier and improve their quality worldwide, making it a breeze for everyone. Under specific conditions, it becomes feasible to ask for a speedy examination through PPH.

Several agreements have been made between patent offices to encourage collaboration. These agreements allow patent applicants to ask for quicker processing in the national phase. This means that patent examiners can use work done by other participating offices. The work products may include:

• The written opinion from the International Searching Authority,
• The written opinion from the International Preliminary Examining Authority, or
• The international preliminary examination report under the PCT, given certain conditions are met

Patent Office of Republic of Poland has established PCT-PPH agreements with the following patent offices:

• China (CN): China National Intellectual Property Administration 

The obligation to pay subsequent renewal fees necessitates timely action, with payment due by the expiration of the preceding protection period. For those encountering delays, there is a grace period of six months from the due date, although with an additional 30% surcharge for each month of delay. This mechanism aims to incentivize punctual payments while providing a reasonable window for those who may experience unforeseen delays.

The patent term for patents in Poland is 20 years.