Comprehensive Guide to Industrial Design Applications in Poland
Navigating Industrial Design Applications in Poland
Navigating the process of securing an industrial design patent in Poland requires careful attention to documentation, fees, and procedural specifics. This article provides a comprehensive guide on the necessary steps and considerations for applicants looking to protect their industrial designs in Poland.
Authority:
- Patent Office of the Republic of Poland (PPO), https://uprp.gov.pl/pl
Term of Protection:
- 5 years, renewable four times, maximum protection period of 25 years.
Filing Deadline：
- Within 6 months from the earliest priority date.
Required Documents:
- Representations / Pictures
- Brief Description
- Power of Attorney
- Certificate copy of Priority (if any)
- A statement of ownership, employment statement, or priority assignment
Process & Procedure
In Poland, an industrial design refers to the form of a product or its part, particularly the form given by the lines, contours, shapes, colors, textures, materials, or ornamentation of the product or its part . An industrial design is intended to protect the appearance of any industrial or handicraft product (excluding computer programs). It may consist of two-dimensional products, such as labels, graphic patterns, logos, or decorations, as well as three-dimensional objects, such as shoes, furniture, and toys.
- The PPO conducts only a formal examination for industrial design applications.
- The application fee must be paid upon filing, or within one month from the date of receipt of a PPO notice requesting correction.
- The representations of the industrial design may include drawings, photographs, computer visualizations, or textile samples.
- The illustrations should coherently and completely present the product relating to the industrial design, so that each variant submitted can reproduce the product and clearly display the essential features of the design.
- The request form and each illustration must be signed by the applicant or their representative.
Grace Period for Novelty
- For industrial designs, the grace period for novelty is 12 months before the filing date or the priority date.
Grant, Renewal, and Maintenance
Upon receiving the decision to grant, the applicant must pay the publication fee and the first renewal fee (for years 1–5) within three months. The renewal fees for subsequent protection periods should be paid within 1 year before the expiration of the previous period and no later than the last day of that period. If payment is missed, it may still be made within 6 months after the due date, subject to an additional 30% surcharge on the amount due. This grace period cannot be extended.
Granting Time：
The average time to grant is 1–6 months.
Conclusion
Successfully securing an industrial design patent in Poland involves adhering to precise documentation, fee payment schedules, and examination processes. Understanding these aspects can streamline the process and ensure robust protection for your design.