If you have developed an invention, you can obtain a monopoly on its commercial use. To do so, you must file an application to obtain patent protection. This is a legal form of protection that allows the inventor to have exclusive control over the technical solution. With this document, you can, for example, sell your invention or grant licenses for its use. What other benefits does patent protection provide, and who can obtain it?

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    What is a patent?

    A patent is the right to exclusive use of an invention for a specified period for commercial or professional purposes within the territory of Poland. It is granted by the Patent Office for a maximum of 20 years and is obtained through a conditional decision.

    An invention is referred to as an innovative solution to a technical problem. Patent protection encompasses exclusively innovative solutions, mainly those that address a societal issue. These may include innovative methods and ways of performing a task, as well as products and devices.

    Patent and invention - the most important thing information

    Why do businesses need patent protection?

    There are several reasons why it’s worthwhile to invest in patent protection. It grants you exclusivity for using the invention for commercial or professional purposes. You can license your invention, sell it, and also enforce your rights if they are infringed upon.

    Patent protection:

    • Turns the invention into a personal or corporate asset, enabling you to generate income from it.
    • Safeguards against illegal and unlawful use by third parties.
    • Effectively protects against appropriation by competitors.
    • Enhances the market reputation of the company.

    In summary, patent protection guarantees complete invention protection and enhances a company’s prestige.

    What is patentable?

    Only new (not previously part of the state of the art), non-obvious (having an inventive step), and useful (industrially applicable) inventions are patentable. These primarily include:

    • Products – chemical and microbiological substances, substance mixtures, parts of living organisms, etc.
    • Devices – machines, tools, apparatus, systems, etc.
    • Methods – production methods, substance manufacturing, measurement, processing, etc.
    • Applications – new uses of known products.

    Items that are not considered inventions include discoveries, mathematical methods, scientific theories, business plans, games, art, literary and musical works, and computer programs.

    Patent protection process in Poland

    Obtaining patent protection in Poland involves verifying whether your project, invention, or idea can indeed be protected by patent law. You can approach us for this purpose. We will assess whether your idea is subject to other protective rights, such as copyright or trademark registration.

    Additionally, we will analyze your solution for innovation and inventive step. If the result is positive, we will ask you to specify the territorial scope for which protection should apply. You can apply for patent protection in Poland, a defined region in Europe, or even an international patent.

    Subsequently, a patent description needs to be prepared, and the relevant application must be submitted to the Patent Office. It takes approximately 3 years to be granted protection in Poland, although it may take longer in certain technical fields.

    With the assistance of experienced lawyers, the entire procedure is more efficient. Our law firm maintains a constant collaboration with patent attorneys and IP (intellectual property) specialists. We can help you with verification, patent research, registration on a national or European basis, and represent you in media and contentious proceedings before administrative courts and Patent Offices.

    We also offer services related to transactions involving the invention (licensing, purchase, sale) and assistance in drafting legal agreements, analyses, and legal opinions.

    How much does it cost in Poland?

    The cost of obtaining patent protection in Poland can range from 10,000 to 40,000 PLN. This includes the patentability examination fee, preparation and submission of the application (from 8,000 to 20,000 PLN), as well as proceedings before the Patent Office (from 2,000 to 20,000 PLN).

    RPMS Law Office
    Staniszewski & Partners

    Mickiewcza st 22/8
    Poznań 60-836