Extension of patents from fifteen to twenty years in Poland – have owners of expired Polish patents from all over the world gained an unexpected gift?

The Polish Patent Office must now extend the validity of patents registered earlier in Poland from fifteen to twenty years. The case clearly sets the standard for applying international agreements, and also Community law, directly in national law, even in situations where the national law differs. It is also vital for the international pharmaceutical industry in particular, whose inventions and patents subsequently granted in Poland in the last 15 years may now conceivably enjoy extended patent protection. The case revolved around the protection period granted to patents, and the difference between TRIPS and Poland's laws. Article 33 of TRIPS provides for a protection period of 20 years, while Polish laws specified 15 years formerly. Poland had begun using the TRIPS provisions for new patents but had never sufficiently regulated patents granted under the old local laws.