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Changes in the patent law of Poland
Written by: Olena Yakobchuk, CEO of Intectica Group

On February 27, 2020, amendments to the Polish Industrial Law on Patents entered into force.

The main purpose of legislative changes was to harmonize it with EU patent law.

Major changes:

1) Now, the subject of a patent can go beyond an invention that is capable of exerting a physical effect. Potentially, this amendment could improve the situation of patenting computer programs for which it was almost impossible to obtain a patent in Poland before.

2) Within 9 months from the priority date of the application, the expert body is required to prepare an report on the patentability of the invention. Establishing clear deadlines will significantly accelerate the process of applications examining and allow the applicant to plan the date of obtaining the patent more accurately.

3) A patent granting may be refused due to insufficient disclosure of the invention in the description and / or if the formula is not based on the description properly.

Thus, in Poland, both the standards for examining and the requirements for writing patent applications are raised, which must be taken into account by applicants when considering Poland as a country for obtaining patent protection.

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