Polish Patent Office’s response to the war in Ukraine

The war in Ukraine is having an impact on IP rights and some European IP offices in other countries are now approving measures to support Ukrainian rights holders. For example, the EUIPO has issued a one-month extension of time limits from 24 March 2022 for all parties in proceedings that are resident or that have registered offices in Ukraine and will review the need for further extensions and additional measures moving forward. Other IP offices have stated that they will use the flexibility available to them within the law to consider requests for extensions, reinstatements and restorations.

In an announcement dated 11 March 2022, the Patent Office of the Republic of Poland declared that, in accordance with applicable regulations, the occurrence of extraordinary circumstances bearing the hallmarks of force majeure, including war, shall not constitute grounds for suspending pending proceedings ex officio. However, the office is committed to take into account, as much as possible, the needs of applicants, entitled persons and representatives from Ukraine. Accordingly, the office will set longer deadlines, possibly by up to five months, ex officio. In addition, it is offering the assurance that in the case of failure to meet deadlines, all applications will be considered in a manner that takes account of the extraordinary situation in Ukraine.