Do opposition proceedings in a European patent case have an impact on the Polish equivalent of this patent?
On 9 June 2011 the Regional Administrative Court (WSA) rendered a judgment regarding the significant relationship of European patents granted by the European Patent Office and their Polish equivalents.
The said judgment was rendered in the following state of facts. One of the parties to the proceedings (a Polish company) filed with the Patent Office (PPO) for cancellation in whole on Polish territory of the European patent titled “The window and a set of isolation frame” granted by the decision of the European Patent Office (EPO) to the benefit of the Danish company. Thereafter, the Danish company, the patentee, filed for suspension of the proceedings on cancellation of the aforementioned patent on Polish territory on the grounds that the Polish company filed with the EPO an opposition against the decision on granting of the said patent and the result of those proceedings had a direct impact on the cancellation proceedings.
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