On 8 February 2006 the Enlarged Board of the Supreme Administrative Court stated that Art. 33 of TRIPS Agreement is self-executed in Polish law system and patent protection cannot be shorter than 20 years.
This decision results in a statement that Polish law recognizes TRIPS Agreement as prior to Polish national acts. Consequently, patents granted for 15 years and still valid may be claimed valid now for 20 years.
POLSERVICE Patent and Trademark Attorneys Office was involved in carrying out the above proceedings from the very beginning.