Renew a Polish patent validated through the European Patent Office (EPO):
If your patent is a European patent that was granted by the European Patent Office and then validated in Poland, you can maintain the patent by paying an annual maintenance fee to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Poland, the renewal fee is paid to the Patent Office of the Republic of Poland. The rules that apply to a national Polish patent also apply to an EP patent in Poland. For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From the year 2023 onwards, you will have to settle the renewal fee with the Polish Patent Office.
Renew a national patent with the Polish Patent Office:
While a patent is in the pending application stage, no renewal fees are due. Once a patent is granted in Poland, you are obliged to pay a recurring renewal fee to the National Institute of Industrial Property (INPI) to maintain the patent. The first renewal fee will be due annually starting from three months after the grant of the patent.
Renewal fees in Poland fall exactly on the anniversary of when the original filing date of the application falls. The due date should be the month and day corresponding to the filing date.
For example, if the filing date of a patent is 2014-03-17, and the grant date of the patent is 2016-08-26, you will only have to settle the first renewal fee three months after the grant on 2016-11-26. The next annuity (year 4) will be due on 2017-03-17.
In the event that the patent is granted more than three years after the date of filing, you will have to settle the renewal fees for all subsequent renewals.
For example, if the filing date of a patent is 2014-03-17, and the grant date of the patent is 2019-08-26, you will have to settle the renewal for year 3, 4, 5, 6, and 7 by 2019-11-26. The next annuity for year 8 will be due on 2020-03-17 (from the anniversary of the filing date).
In Poland, there are other types of intellectual property for which you need to settle renewal fees, these are known as utility models and designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that they can be renewed through us.
Intellectual Property Type #1 - Utility Models
A Polish utility certificate can be obtained for a period of 10 years from the filing date. The total term of protection is 10 years. The first renewal fee is due exactly 3 years from the filing date of the application and is paid. If the renewal fee is not paid by the due date, the utility model will enter a grace period of 6 months. This gives you the time to still renew the utility model, however, the fee is higher.
Intellectual Property Type #2 - Industrial Designs
A Polish design right is valid for 25 years from the filing date. Initially, a Polish design is protected for 5 years. In order to maintain protection beyond the initial 5-year period, it can be renewed every five years thereafter, up to a maximum of four renewals. Renewal fees are required with each registered design, even if these are designs of multiple applications. If the requested maintenance fees are not settled by the due date, an additional 6-month grace period will be applied in order for the settlement to take place. If a patent enters the 6-month grace period, an increase to the original renewal fees will be applied.
Starting from the 2nd anniversary of the filing date, patent renewal fees need to be paid annually to maintain a patent. For further clarification, please refer to the cost breakdown below.
National patent: The first renewal fee will be due three months after the patent application’s grant date.
For example, if the grant date of a patent is 2017-06-15, you will only have to settle the renewal fee starting from 2017-09-15 onwards.
Polish patent validated through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. All renewal fees due during the application process are to be paid to the EPO. Once a patent is granted by the EPO and validated in Poland, the renewal fee is paid to the Patent Office of the Republic of Poland.
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Polish Patent Office.
National patent: Prior to the grant, the Polish patent application is in its filing stage. You will first have to pay renewal fees past the date of the grant of the patent.
Polish patent validated through the European Patent Office (EPO): Prior to the grant, the patent application is in its filing stage with the EPO. You can only begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in Poland, the renewal fee is thereafter paid to the Patent Office of the Republic of Poland.
The earliest date to make a payment before the renewal fees are due is twelve months prior to the due date.
For example, if a renewal due date of a patent falls on 2021-07-31, the payment window to pay the renewal fee will open on 2020-07-31.
National patent: Yes, it is possible to renew a Polish patent after its deadline. If you fail to pay the renewal fee in due time, a grace period of 6 months is given whereby the renewal fees can still be settled. However, when entering the grace period you will incur an increase of 30% to the original renewal fees. If you wish to maintain the patent, the (new) total renewal fee will have to be settled.
For example, if a patent’s renewal due date is 2021-05-30, and the due date is missed, the patent will enter the grace period from 2021-06-01. The new total will need to be settled within the 6-month grace period, and will be due by 2021-11-30. Failure to pay this fee within the grace period, will result in the patent being lapsed.
Polish patent validated through the European Patent Office (EPO): The same rule that applies to a national Polish patent for missing a renewal deadline also applies to an EP patent in Poland.
Renewals must be completed by an agent, a registered Polish patent attorney. This rule is applicable to both national patents as well as to an EP patent validated in Poland.
In order to maintain a Polish patent, renewal fees need to be settled annually with the Polish Patent Office. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. This rule is applicable to both national patents as well as to an EP patent in Poland.
