Preface

The patent invalidation system in Poland is mainly governed by the Polish Industrial Property Law（Act on Industrial Property Law, 2022The core procedures of the Civil Procedure Law include administrative revocation procedures and court litigation procedures. The following is a detailed analysis:

1、 Governing Authority

1Polish Patent Office（Urząd Patentowy RP, UPRP）

Responsible for administrative revocation procedures (revocation of patents or utility models).

Applicable conditions: A request for revocation can be made at any time after patent authorization.

Features: The program is relatively fast and cost-effective.

2Ordinary courts (regional courts)/Provincial Court)

Applicable situation:

To file an invalidation request as a counterclaim in a patent infringement lawsuit.

Directly file an independent invalidation lawsuit with the court (requiring proof of legal interest).

Characteristics: The program is complex, allowing for a wider range of evidence submissions, but time-consuming (usually1-3Year).

2、 Invalid reasons (Article of the Industrial Property Law)89Article)

The requester must prove that the patent has at least one of the following defects:

1Non patentability

Invention does not belong to patentable subjects (such as scientific theories, mathematical methods, business methods, etc.).

2Lack of novelty（Nowość）

The invention has been publicly disclosed (including publications, uses, etc. worldwide) prior to the priority date.

3Lack of creativity（Poziom wynalazczy）

The invention is not obvious to ordinary technical personnel in the field.

4Lack of industrial practicality（Zastosowanie przemysłowe）

Invention cannot be manufactured or used in industry.

5Insufficient disclosure in the instruction manual（Niedostateczne ujaśnienie wynalazku）

The instruction manual did not provide a clear and complete description of the invention, resulting in technical personnel being unable to implement it.

6Beyond the scope of the original application（Rozszerzenie zakresu ochrony）

The claims of the authorized patent exceed the original application content.

7Disputes over ownership（Niewłaściwy uprawniony）

The patentee is not the actual inventor or has not obtained legal authorization.

3、 Invalid program flow

（1）Administrative revocation procedure（UPRP）

1Submit a request

The requester needs to submit a written application (in Polish) with specific reasons and evidence (such as existing technical literature).

2Patent holder's defense

The patentee is required to2Submit defense opinions and counter evidence within one month.

3Hearing and Decision

UPRPOral hearings can be organized (non mandatory).

Review cycle: Typically6-12A month.

Result: All/Partially revoke the patent or maintain its validity.

（2）Court proceedings

1Lawsuit

To the provincial court with jurisdiction（Sąd Okręgowy）Submit a complaint stating the reasons for invalidity.

2Evidence exchange

Including expert opinions, experimental data, witness testimony, etc.

3Trial and Judgment

The court may commission technical experts to issue an evaluation report.

The judgment can be appealed to the appellate court（Sąd Apelacyjny）And the Supreme Court（Sąd Najwyższy）.

4、 Other ineffective channels: objection procedure

Applicable situation:Only applicable to utility models（Wzór użytkowy）After authorization6Objections can be raised within a month.

reason:Similar to the reasons for patent invalidity, but with lower examination standards.

Features:The procedure is simpler and the cost is similar to administrative revocation.

5、 Invalid effectiveness

Traceability:Patent revocation shall be deemed asInvalid from the beginning.

Partially invalid:Only delete invalid claims, the rest remain valid.

Third party rights:Revocation of previously signed license contracts or executed infringement judgments shall not be affected.

6、 Appeal mechanism

UPRPdecision:Can be submitted to the Provincial Administrative Court（Wojewódzki Sąd Administracyjny）Appeal, ultimately to the Supreme Administrative Court（Naczelny Sąd Administracyjny）.

The court ruled:It can be appealed to the Supreme Court step by step.

7、 Practical points

1Language requirements:All programs must be in Polish, and non Polish documents must be certified for translation.

2Local agent:Foreign parties need to entrust Polish patent lawyers or legal representatives.

3Evidence Strategy:

Key evidence includes: public literature (such as patents and papers) prior to the priority date, experimental data, and technical analysis reports.

You can apply to the court to retrieve evidence (such as undisclosed commercial use records).

4Patent remedies:The patentee may modify the claims in the invalidation process (subject toUPRPOr approved by the court).

8、 Connection with the EU system

1Invalidity of European patents in Poland:

Revocation of effective European patents through Polish national procedures is required（EPCNo single invalid program is specified.

2Unified Patent Court（UPC）：

Poland has not yet joinedUPCThe national system still applies.

9、 Time

Administrative revocation（UPRP）：6-18month

Court litigation:1-3year

10、 Summary

The Patent Invalidation System in PolandAdministrative revocation（UPRP）Mainly, supplemented by court litigation, emphasizing procedural efficiency and evidence sufficiency. Its core features include:

Strict language and agency requirements;

Allow patent holders to maintain partial protection by modifying their claims;

Compatible with the EU framework, but national procedures remain dominant.