Validation of European Patents in Poland
Overview
What does it take for a European patent to be in force in Poland?
A full Polish translation of the European patent (description, claims and drawings) must be filed with the Patent Office of the Republic of Poland (PPO, in Polish UPRP) within three months of the date on which the European Patent Office (EPO) published the mention of grant in the European Patent Bulletin. This time limit is not subject to re-establishment of rights. If the translation is not filed in time, the European patent is invalid in Poland from the date of grant.
Poland is not a party to the London Agreement, so a translation of the full text is required, not of the claims alone. Poland is also outside the Unitary Patent system, so protection in Poland always requires a separate validation, even if you choose a Unitary Patent for other countries.
Validation: choosing the countries after grant
A European patent granted by the EPO does not take effect automatically in any country. Right after grant, the proprietor has to decide in which of the 40 member states of the European Patent Organisation the patent should be in force, and complete the required national steps in each of them. In some states (for example Germany, France and the United Kingdom) no translation or validation fee is required; in others, such as Poland, a full translation must be filed. This decision determines where the patent can be enforced and how much it will cost to maintain in the following years.
Who can file the validation in Poland?
Proprietors resident or established outside the European Union, the EEA and Switzerland (for example in the US, the UK, Japan, Korea, China or Israel) must act before the PPO through a Polish patent attorney. Proprietors from the EU, the EEA and Switzerland may act directly, but using a Polish patent attorney is advisable for them too: the formal requirements are strict and easy to miss, and the time limit cannot be restored. EUPATENT.PL is a firm of Polish and European patent attorneys, and we act as the Polish representative for foreign attorneys and proprietors.
Service details
Validation in Poland step by step
| Step | Time limit |
|---|---|
| Mention of grant published in the European Patent Bulletin | day 0 |
| Request for unitary effect (if you choose a Unitary Patent) | 1 month from day 0 |
| Filing of the Polish translation with the PPO (description, claims, drawings) | 3 months from day 0 |
| Publication fee for the translation: PLN 90 plus approx. PLN 10 for each page over 10 | 3 months from service of the PPO’s invitation |
| Publication in the PPO Gazette (Wiadomości Urzędu Patentowego) | usually about 2 months after filing the translation |
| Renewal fees paid to the PPO | after publication of the European patent, in advance for each year |
There is no separate validation fee in Poland. The translation must be faithful, but it does not have to be a sworn translation. If, because of a translation error, the Polish translation confers narrower protection than the text in which the patent was granted, the translation is the authentic text in Poland. A translation error therefore narrows the protection, which is why every translation we file is checked in detail by a patent attorney.
What does validation in Poland cost?
The total cost consists of the official fees above, the translation and our service fee. The translation depends on the length of the specification. Send us the EP publication number and we will quote the full cost, broken down into official fees, translation and service.
Unitary Patent plus Poland
The Unitary Patent covers 18 EU states with a single renewal fee paid to the EPO. It does not cover countries such as Poland, Spain, the United Kingdom or Switzerland, where validation is still needed. Proprietors who choose a Unitary Patent must therefore still validate in Poland. Both procedures start on the same day: the request for unitary effect is due within one month of the mention of grant, the Polish translation within three months. Where the proceedings before the EPO were in English, one Polish translation can serve both the request for unitary effect and the Polish validation.
The route you choose also determines which court hears infringement and revocation actions. A Unitary Patent is subject to the Unified Patent Court. The only way to stay within the jurisdiction of national courts is a national validation combined with an opt-out from the Unified Patent Court. An opt-out can only be filed during the transitional period, which runs until 2030 and may be extended. The Polish part of a European patent is subject only to the Polish courts.
Renewal fees in Poland
The PPO does not send reminders for renewal fees. A fee not paid by its due date can still be paid within the following six months with a 30% surcharge; if that period is also missed, the patent lapses. This is another reason to entrust the docketing of renewal fees to a patent attorney firm. For years 5 to 10, the PPO renewal fees total approximately EUR 600.
Service scope
Our services include
Technical translation
Polish translation of the specification by translators working in the technical field, checked by a patent attorney against the claims as granted.
Filing with the PPO
Filing of the translation with the PPO and payment of the publication fee.
Polish representative
Acting as Polish representative, including filing the power of attorney.
Renewal fees
Docketing and payment of Polish renewal fees.
Amended text
Translation of the amended text after opposition or limitation proceedings.
Other EPC states
Validations in other EPC states through associated European firms.
Contact
Need to validate your European patent in Poland?
Send us the EP publication number, the date of the mention of grant and the language of the proceedings. We will confirm the deadline and send a quote.
FAQ
Frequently asked questions
Three months from the publication of the mention of grant in the European Patent Bulletin. The time limit is not subject to re-establishment, and a late translation makes the patent invalid in Poland from the date of grant. It is best to order the translation as soon as the EPO issues the communication of its intention to grant, not after the mention of grant is published.
Yes, if the proprietor is resident or established outside the EU, the EEA and Switzerland. Proprietors from those countries may act directly, although a local representative is advisable for the translation and docketing.
The whole patent: description, claims and drawings. A translation of the claims alone is enough only in the states of the London Agreement, to which Poland is not a party.
No. The PPO does not require a sworn translator. What matters is that the translation is faithful to the scope of protection.
No. Poland has not signed the Agreement on a Unified Patent Court, so unitary effect does not extend to Poland. A separate Polish validation within three months of the mention of grant is needed.
A translation of the amended text must be filed with the PPO within three months of the EPO's publication of the amended patent, with the same sanction of invalidity.
For the patent year following the year in which the EPO published the mention of grant. Earlier years have already been paid to the EPO.
Sources
- Act of 14 March 2003 on filing European patent applications and the effects of the European patent in the Republic of Poland, consolidated text Journal of Laws 2016 item 2, Art. 6 to 8: https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20160000002
- Industrial Property Law, consolidated text Journal of Laws 2023 item 1170, Art. 54, 224, 236: https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20010490508
- Council of Ministers regulation on fees, annexes as amended by Journal of Laws 2016 item 1623: https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20160001623
- PPO, protection of European patents in Poland: https://uprp.gov.pl/pl/przedmioty-ochrony/wynalazki-i-wzory-uzytkowe/wynalazki-i-wzory-uzytkowe-procedura-udzielania-patentow-europejskich/ochrona-patentow-europejskich-na-terytorium-rp
- EPO, National law relating to the EPC, Poland, tables IV and VI.A: https://www.epo.org/en/legal/national-law/2024/iv/pl.html
- EPO, London Agreement: https://www.epo.org/en/legal/london-agreement
- EPO, Unitary Patent: https://www.epo.org/en/applying/european/unitary/unitary-patent
- Regulation (EU) No 1257/2012, Art. 9 and 18: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32012R1257
- Council of the EU, UPC Agreement ratification status: https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/?id=2013001