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Prime Ministerial Decree of May 15, 2008 on filling in an electronic form of applications for the protection of inventions, medicinal products and plant protection products, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits, and on carrying out correspondence in an electronic form


Regulation of the Prime Minister

of 15 May 2008

on filing in an electronic form of applications for the protection of inventions, medicinal products and plant protection products, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits, and on carrying out correspondence in an electronic form

By virtue of Article 2411 of the act of 30 June 2000 – Industrial Property Law (JL 2003 No 119, text 1117 as subsequently amended) the following is decreed:

1. This Regulation sets the detailed technical conditions for filing in an electronic form of applications for the protection of inventions, medicinal products and plant protection products, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits, and on carrying out correspondence in an electronic form with regard to obtaining and maintenance of the protection.

2. Any reference in this regulation to:

(i)
(ii)
(iii)

3. 1. The applications referred to in section 1 above shall be filed on a form available in the Public Information Bulletin on the Patent Office’s WWW website.

2. The applicant shall be free to attach to the form referred to in paragraph 1 above other documents in an electronic form.

4. 1. An application in an electronic form together with the documents referred to in section 3.2, as well as the correspondence, hereinafter referred to as “documents”, shall be prepared with the use of the software and in the formats applied by the Patent Office.

2. Preparation of the documents with the use of the software other than that applied by the Patent Office shall be subject to prior acceptance by the Patent Office.

3. Lists of nucleotide and amino acid sequences, which constitute part of the application in an electronic form, shall comply with ST.25 norm of the World Intellectual Property Organization.

4. Technical documentation related to the application may be attached in the original format, provided that the format is one of those earlier accepted by the Patent Office.

5. 1. Documents on an electronic data carrier shall be prepared with the use of the software used by the Patent Office and may be filed with the Patent Office during Office’s working hours.

2. The electronic data carrier, referred to in paragraph 1 shall enable recording official receipt of the documents.

3. Documents filed in the manner specified in paragraph 1 shall be accompanied by a document on paper, which identifies the applicant or his representative, indicates the address for service and a manner in which further correspondence in the matter will be carried out.

6. Documents shall be compressed with the use of the software used by the Patent Office.

7. If documents in an electronic form need to be signed, they have to bear an electronic signature verifiable with the valid qualified certificate within the meaning of the act of 18 September 2001 on the electronic signature (JL No 130, text 1450, as subsequently amended).

8. This regulation shall enter into force 14 days after its publication.