Archive for: Art. 9 APAT

Polish patent attorneys – authentication of documents

April 25th, 2010, Tomasz Rychlicki

According to the provisions of Articles 76a § 2, 3 and 4 of the Administrative Proceedings Code – APC – (in Polish: Kodeks postępowania administracyjnego) of 14 June 1960, published in Journal of Laws (Dziennik Ustaw) No 30, item 168, consolidated text of 9 October 2000, Journal of Laws (Dziennik Ustaw) No 98, item 1071 with subsequent amendments, a party may file copy of a document if it complies with the original one and its originality have been authenticated by a patent attorney acting as a representative. According to the recently amended Act on the authentication of documents, such documents should include: the signature of a patent attorney, the date and the venue for its preparation, and also on a request: the time of the transaction. If the document contains special features (annotations, corrections or damages) patent attorney will acknowledge it in the authentication. The authentication of originality that was included in the copy of the document has the nature of the official document. In special circumstances, the Patent Office may request a party to submit original documents.

Polish patent attorneys, case II GSK 195/05

February 26th, 2008, Tomasz Rychlicki

The Supreme Administrative Court in a judgment of 3 October 2005 case file II GSK 195/05 published in Orzecznictwo Naczelnego Sądu Administracyjnego i Wojewódzkich Sądów Administracyjnych 2006/2/65/199, ruled that according to the provisions of Article 9(1) of the Polish Act of 11 April 2001 on Patent Attorneys – APAT – (in Polish: ustawa o rzecznikach patentowych), published in Journal of Laws (Dziennik Ustaw) No. 49, item 509, with subsequent amendments, a patent attorney should act as agent in proceedings before the Polish Patent Office, Polish courts and other bodies deciding on industrial property matters. This article includes all forms of practice of the patent attorney (for the patent attorneys’ firm, for the employer and on the basis of civil contracts) and all matters of industrial property within the meaning of Article 2 of the APAT, that are decided in each of the aforementioned proceedings.