Poland considers expanding patent representation rights

Proposed legislative changes in Poland aim to expand the scope of legal representation in industrial property matters. Under a draft amendment to the Industrial Property Law initiated by the Patent Office of the Republic of Poland, advocates and legal counselors could potentially act as representatives in cases involving the maintenance of exclusive rights and the payment of fees for inventions and utility models.

The Polish Chamber of Patent Attorneys (PIRP) has expressed opposition to these changes. Paweł Kurcman, president of PIRP, stated that allowing general legal professionals to take over these competencies could lead to a “decomposition of the system” due to a lack of technical specialization required for complex inventions. The Chamber argues that the current number of patent attorneys is sufficient and that specialized expertise is vital for protecting clients in technical matters.

Separately, discussions continue regarding Poland's status regarding the European Union's unified patent system. While the unified patent and the Unified Patent Court (UPC) launched in June 2023 to provide streamlined protection across participating member states, Poland remains outside this system. Some experts suggest that joining might only be beneficial if Poland generated significantly more European patent applications, noting potential risks regarding increased costs and litigation before the UPC.