POLAND LAW AND PRACTICE Contributed by: Krystyna Szczepanowska-Kozłowska, Marcin Ziarkowski, Krzysztof Popławski and Kacper Sobolewski, A&O Shearman, A. Pedzich Sp. k .
A request for invalidation is served on the patent holder by the PPO. If the patent holder resides or is based in Poland, the PPO sets a response deadline of no less than one month. If the patent holder is based outside of Poland, the deadline is extended to two months. This deadline can be extended further if the patent holder notifies the PPO in writing, explaining the reasons for the delay before the original deadline expires. In the case of patent infringement, the first hearing is usually scheduled within eight to ten months from the date of filing the response to the claim and the proceedings in the first instance last about two to three years. Usually, before the first hearing, the court orders the exchange of further preparatory pleadings. In cases of requests for invalidation, the first hearing is typically scheduled within six months from the filing date. The invalidation proceed - ings before the PPO usually last about one to two years. 1.6 Requirements to Bring Infringement Action Claims for patent infringement can be initiated once the patent has been granted. If the infringer acted in good faith, claims can be pursued start - ing from the day the PPO announced the inven - tion application. However, if the patentee had previously notified the infringing party about the filed application, claims can be pursued from the date of that notification. In the case of European patents, the patentee must submit a Polish translation of the Europe - an patent to the PPO within three months from the date of publication by the European Patent Office (the EPO) of the information about the European patent being granted.
Claims for infringement of a European patent can be pursued starting from the date when the translation of the claims of the European patent application is published in the bulletin of the Pol - ish Patent Office. This translation must be filed by the applicant with the PPO. In cases involving patents for a process, the bur - den of proof is shifted. When it comes to new products, if the patent holder can demonstrate that they were unable to determine the actual method used by another person to produce the product, despite making due efforts, they may rely on the assumption that the product was made using the patented production method. 1.7 Pre-Action Discovery/Disclosure The Polish procedure in patent infringement cases provides for two types of discovery/dis - closure proceedings: • request for information; and • request for disclosure or delivery of evidence. Request for Information A request for information can be filed both before and during the infringement proceedings. The scope of information and the manner of the proceedings in the case of a request for infor - mation does not differ depending on whether the request is filed before or during the infringe - ment proceedings. The entitled party is obliged to demonstrate the circumstances indicating the infringement credibly. Within these proceedings, only information on the origin and distribution networks of goods or services can be demanded if it is necessary to pursue the claim. If the request for information was filed before the commencement of the proceedings, and the court ordered the entity to provide information,
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