Innovaccess - Intellectual Property Portal

Utility Model

You can find all the information of Poland about trademarks, patents, utility models, copyrights, registered designs, and all other IP rights.

 


 

Defensive Actions

Cancellation

General information

Icon Who can file a request for the cancellation of my utility model?

  1. A a right of protection for a utility model may be declared invalid in whole or in part at the request of any person having a legitimate interest therein, who is able to prove that the statutory requirements for the grant of a right of protection for a utility model have not been satisfied.
  2. The General Prosecutor of the Republic of Poland or the President of the Patent Office may, in the public interest, request that a right of protection for a utility model be invalidated or intervene in an invalidation action already pending.
(Industrial Property Law Article 89 with reference to Article 100)

Icon Can I file a request for the cancellation of someone else's utility model?

  1. A a right of protection for a utility model may be declared invalid in whole or in part at the request of any person having a legitimate interest therein, who is able to prove that the statutory requirements for the grant of a right of protection for a utility model have not been satisfied.
  2. The General Prosecutor of the Republic of Poland or the President of the Patent Office may, in the public interest, request that a right of protection for a utility model be invalidated or intervene in an invalidation action already pending.
(Industrial Property Law Article 89 with reference to Article 100)

Icon Are there specific deadlines/timeframes which I have to observe in connection with a request for cancellation / cancellation proceedings?

Without time limit.

Icon Who will take a decision on the cancellation?

The Patent Office shall make a decision in litigation procedure on invalidation of a right of protection (Industrial Property Law Article 255)

Opposition

General information

Icon Who can file an objection against my utility model?

Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right of protection.

The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right of protection may be invalidated.

(Industrial Property Law Article 246)

Icon Can I file an objection against a someone else's utility model?

Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right of protection.

The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right of protection may be invalidated.

(Industrial Property Law Article 246)

Icon Are there specific deadlines/timeframes which I have to observe in connection with objection proceedings?

Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right of protection.

The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right of protection may be invalidated.

(Industrial Property Law Article 246)

Icon Who will take a decision on the objection?

The Patent Office shall immediately communicate the opposition referred to in Article 246 to the right holder and invite him to file his observations within a fixed time limit.

Where, following the communication of the Patent Office referred to in paragraph (1), the right holder claims the opposition to be unjustified, the case shall be submitted for examination in litigation proceedings. Otherwise, the Patent Office shall decide on reversal of the decision on the grant of a right of protection and discontinue the proceeding.
(Industrial Property Law Article 247)

The Patent Office shall make a decision in litigation procedure on invalidation of a right of protection (Industrial Property Law Article 255).

Decisions made and orders issued by the Patent Office shall be subject to complaint to the administrative courts (Industrial Property Law Article 248).

 


 

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