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Legislative Implementation of Flexibilities - Poland

Title:Articles 33 (1) and 93.6 of the Industrial Property Law of 30/06/2000, as last amended by Act of 29/06/2007
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Article 33

1. Subject to Article 936(1), the description referred to in Article 31(1)(ii) shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art. In particular, the description shall contain the title of the invention designating the subject matter of the invention, specify the technical field to which the invention relates, as well as indicate the background art known to the applicant; it shall also present the invention in a detail manner, describe the figures in the drawings (if any), and indicate the way or ways of carrying out or exploiting the invention claimed using examples.

Article 93.6

1. Where an invention involves the use of biological material which is not available to the public and which cannot be described in the description in such a manner as to enable the invention to be reproduced by a person skilled in the art, the disclosure thereof may be made by reference to the material deposited, at the latest at the filing date, in a depositary institution recognised under an international agreement or in a national depositary institution, which is mentioned by the President of the Patent Office in an announcement published in the Official Gazette of the Republic of Poland "Monitor Polski".

2. The President of the Patent Office shall announce the acquisition of the status of the national depositary institution, referred to in paragraph (1), after having received, at the request of the institution concerned, acceptance from the minister competent in respect of the subject of deposited biological materials.

3. Where the deposit referred to in paragraph (1) has been made, the application must be accompanied by an attestation issued by the depositary institution, furnished by the applicant. The attestation should include at least the name of the institution, the date of the deposit and the accession number given to the biological material.

4. The attestation issued by a depositary institution may be furnished within six months from the filing date. In case of late furnishing of the said attestation the deposit of the biological material shall not be considered equivalent to its disclosure in the application.

5. Access to the deposit referred to in paragraph (1) before the publication of the particulars of the patent application shall be limited to the parties mentioned in Article 251(1). At the applicant's request submitted to the Patent Office before the publication of the particulars of the patent application, the above limitation shall extend for the entire term during which the application is processed.

6. After the particulars of the application have been published, unless the request referred to in paragraph (5) has been submitted, and after the patent has been granted, access to the deposit may not, subject to the condition referred to in paragraph (7), be denied to third parties. This provision shall apply accordingly notwithstanding invalidation or lapse of the patent.

7. The sample of the biological material shall be supplied only if the person requesting it undertakes in writing, vis---vis the applicant or the holder of the patent, for the term during which the patent remains in force:

(i) not to make it or any material derived from it available to third parties,

(ii) not to use it or any material derived from it except for experimental purposes

- unless the applicant or the holder of the patent expressly waives such an undertaking.

8. Where the Patent Office makes a decision to refuse the grant of a patent or to discontinue the patent granting proceeding, access to the deposited biological material, at the applicant's request submitted within the term provided for in paragraph (5), shall be limited to the parties, mentioned in paragraph (5), for 20 years from the date on which the patent application was filed. The provision of paragraph (7) shall apply accordingly.

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