Will there be technical judges in Poland?

A proposal to introduce technical judges into the Polish system of patent litigation is gaining traction. The issue took center stage at a conference organized by the Polish Chamber of Patent Attorneys on 29 January 2026, devoted to improving the efficiency of patent dispute resolution in Poland. The event was held in cooperation with the Ministry of Development and Technology and the Patent Office of the Republic of Poland, and brought together a broad range of stakeholders, including entrepreneurs, patent attorneys, academics, judges from Polish IP courts, and technical judges from both the Unified Patent Court and the Swiss Federal Patent Court. The conference proved to be a notable success and a meaningful contribution to the ongoing debate.

Who are technical judges?

Technical judges are individuals with specialized technical expertise who participate in the adjudication of patent disputes. The rules governing their role –including their involvement in decision-making, appointment, remuneration, and the management of conflicts of interest– vary across jurisdictions.

For example, within the Unified Patent Court system, technically qualified judges must hold a university degree and demonstrate proven expertise in a specific field of technology. They typically serve as part-time judges and participate in decisions on all aspects of a case. Meanwhile, at the Swiss Federal Patent Court, one of the two permanent judges is required to have a technical background, while among the 42 non-permanent judges, 29 must meet this requirement. These judges often act as rapporteurs, preparing opinions and providing technical analysis prior to the main hearing.

The current legal framework in Poland

At present, judges handling patent infringement cases in Poland generally do not have technical backgrounds. Instead, courts rely on court-appointed experts to provide the necessary technical insight. While this model may be relatively straightforward and cost-efficient, it can negatively affect the efficiency of proceedings. Moreover, expert opinions do not always meet consistent standards in terms of quality.

The proposal of the Polish Chamber of Patent Attorneys

The proposal put forward by the Polish Chamber of Patent Attorneys, partly inspired by the Swiss model, seeks to introduce patent lay judges, i.e., individuals with technical expertise, into the Polish legal system.

Importantly, this solution is legislatively economical, as it builds on the already existing institution of lay judges. It would require only the creation of a new category of lay judges, and the scope of necessary legislative amendments would remain limited.

The qualifications for patent lay judges would be defined under the proposed amendments to the Act of 27 July 2001: the Law on the Organization of Common Courts. Candidates would be required to hold higher education degrees in technical, exact, natural, or medical sciences, and to demonstrate in-depth knowledge of patent law, including issues relating to inventions, utility models, and supplementary protection certificates.

Patent lay judges would be elected (like other lay judges) by municipal councils through a secret ballot. Candidates could be nominated by employers’ organizations, associations of technical creators, university faculties, and the professional self-government of patent attorneys, while opinions on candidates would be provided by the council of the Warsaw Regional Court.

Further amendments to the Act of 17 November 1964. The Code of Civil Procedure would ensure that, at first instance, cases concerning the protection of industrial property rights related to inventions and utility models are heard by a panel composed of one professional judge (as presiding judge) and two lay judges. Additional provisions would allow for flexibility in panel composition in particularly complex or precedential cases, and would ensure that appeals in such matters are heard by panels of three professional judges.

What would this change mean for the resolution of patent disputes in Poland?

The introduction of technical judges has the potential to enhance both the efficiency and timeliness of patent proceedings in Poland, as evidenced by experience in other jurisdictions. Their expertise could improve the substantive quality of decisions and promote greater consistency in case law. The proposal also addresses the needs expressed by Polish judges handling patent cases, who frequently have to rely on technical support to resolve cases involving complex technical issues. While the creation of specialized IP courts in 2020 was an important step forward, the proposed reform would represent a further significant move towards greater professionalism and effectiveness.

What’s next?

The proposal is currently under review by the Ministry of Justice. Further developments will be worth monitoring closely as the discussion on reforming patent litigation in Poland continues.

Polish AIPPI Group will closely monitor the progress of the initiative and support further legislative work.

About Authors:

Rafał Witek – partner and co-founder of WTS Patent Attorneys, with a MSc in biotechnology, as well as a Polish and European patent attorney, UPC representative, specialising in the protection and commercialisation of inventions in the fields of biotechnology and pharmacy.

Maciej Gajos, PhD – assistant lecturer at the University of Wrocław and lawyer at WTS Patent Attorneys