| Step number | Step corresponding information |
| step 1 | Prepare your design application which includes: – a detailed description of your design, – illustrations which should present a series of views of the product which design is applied to. NOTICE: Applicants not having their domicile or seat in the Republic of Poland must appoint a local patent agent. Here’s a link to the list of patent representatives: |
| step 2 | You prepare and file an application form “Application to register a design” with us, together with three identical copies of your industrial designs illustrations and description. You can also file your application by means of fax, but in this case you have to provide us, within 30 days from filing date, with original copy of the application. Together with filing the request form you must pay an appropriate application fee. |
| step 3 | We respond by issuing a filing receipt which includes an application number and date of filing. |
| step 4 | We will examine your application within three to four months of receipt, to see if it meets the formal requirements, and also on the substantive grounds for refusal of registration. Although we do not do automatically search every application to determine if it is new or has individual character, we will object to registration if we have reasonable grounds to believe that the design is not new or that it lacks individual character compared to previous designs. |
| step 5 | If your application meets all the requirements of the Polish Industrial Property Law (PIPL; here is the link to PIPL: http://www.uprp.pl/akty-prawne/Lead03,13,1315,1b,index,pl,text/podstawowe-obowiazujace-akty-prawne/Lead03,50,262,1b,index,pl,text/, we will grant a right in registration for your industrial design and send you a registered design certificate. Also we will publish information on your registered design in PPO’s second-level Official Gazette (Wiadomosci Urzedu Patentowego) (issued monthly). Industrial design protection shall have a term up to 25 years beginning on the date of filing. NOTICE: An industrial design shall be registered subject to payment of a fee for the first protection period (5 years). Failure to pay the fee within the prescribed time limit shall result in declaring by the Patent Office that the decision on the grant of the right of protection has lapsed. |
| step 6 | We normally register applications within three to four months. At this stage you must pay the fee for first 5 -year period of protection and the publication fee. If you fail to pay the fee we will not send you a registered design certificate. |
| Step | Fees (zł) | Comments | |
| Standard Filling Fees | 300 | To apply to register an industrial design. | |
| Standard Publication/Granting fee | 70 | ||
More fees can be found at: http://www.uprp.pl/oplaty-w-postepowaniu-artykul-wstepny/Lead05,684,2801,4,index,pl,text/
The Application Fee can be paid:
1. Directly to our bank account
“Narodowy Bank Polski, Oddzial Okregowy Warszawa”, account No. 93101010100025832231000000; BIC (SWIFT): NBPLPLPW.
The effective date of payment in this case is the date on which the sum was credited to the mentioned account.
2. In cash at our Office
the effective date of payment in this case is the date marked by the date stamp on the payment receipt issued at our Office.
3. By a postal money order
the effective date of payment in this case is the date marked by the postal date stamp (at our Office) on the postal money order.
Defensive Actions
Nullity Action (declaration of invalidity)
General information
Who can file an application for declaration of invalidity of my design?
A right in registration for an industrial design may be declared invalid in whole or in part at the request of any person having a legitimate interest therein, who is able to prove that the statutory requirements for the grant of a right in registration for an industrial design have not been satisfied.
The General Prosecutor of the Republic of Poland or the President of the Patent Office may, in the public interest, request that a right in registration for an industrial design be invalidated or intervene in an invalidation action already pending.
(Industrial Property Law Article 89 with reference to Article 117 paragraph 1)
The finding that the exploitation of the industrial design infringes third parties’ personal or author’s economic rights shall also constitute a ground for invalidation of the right in registration.(Industrial Property Law Article 117)
Can I file an application for declaration of invalidity of someone else’s design?
A right in registration for an industrial design may be declared invalid in whole or in part at the request of any person having a legitimate interest therein, who is able to prove that the statutory requirements for the grant of a right in registration for an industrial design have not been satisfied.
The General Prosecutor of the Republic of Poland or the President of the Patent Office may, in the public interest, request that a right in registration for an industrial design be invalidated or intervene in an invalidation action already pending.
(Industrial Property Law Article 89 with reference to Article 117 paragraph 1)
The finding that the exploitation of the industrial design infringes third parties’ personal or author’s economic rights shall also constitute a ground for invalidation of the right in registration.(Industrial Property Law Article 117)
Are there specific deadlines/timeframes which I have to observe in connection with an application for declaration of invalidity?
Without time limit
Opposition
General information
Who can file an objection against my design?
Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right in registration.
The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right in registration may be invalidated.
(Industrial Property Law Article 246)
Can I file an objection against a someone else’s design?
Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right in registration.
The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right in registration may be invalidated.
(Industrial Property Law Article 246)
Are there specific deadlines/timeframes which I have to observe in connection with objection proceedings?
Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right in registration.
The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right in registration may be invalidated.
(Industrial Property Law Article 246)
Who will take a decision on the objection?
The Patent Office shall immediately communicate the opposition referred to in Article 246 to the right holder and invite him to file his observations within a fixed time limit.
Where, following the communication of the Patent Office referred to in paragraph (1), the right holder claims the opposition to be unjustified, the case shall be submitted for examination in litigation proceedings. Otherwise, the Patent Office shall decide on reversal of the decision on the grant of a right in registration, and discontinue the proceeding.
(Industrial Property Law Article 247)
The Patent Office shall make a decision in litigation procedure on invalidation of a right in registration.
(Industrial Property Law Article 255)
Decisions made and orders issued by the Patent Office shall be subject to complaint to the administrative courts. (Industrial Property Law Article 248)
Proactive Measures
Customs Seizure
General information
What does customs seizure mean?
Applicable Laws:
- REGULATION (EU) No 608/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION IMPLEMENTING REGULATION (EU) No 1352/2013
How to proceed
What initial steps are necessary?
Application for customs action:
The right holder may submit an application for customs action. There are 2 basic requirements concerning the application:
- 1. It has to contain a sufficiently accurate description to make selection and identification possible.
- 2. The right holder has to prove that s/he owns intellectual property right, or that s/he is the authorised user of the right.
- Application is free of charge
- Applicant is notified of the customs decision within 30 working days of the receipt of the application
- If an application for action is granted, the competent customs department specifies the period during which the customs authorities are to take action (generally one year). This period may be extended upon request, at the latest 30 working days before the expiration of the initial application for action
- An application should be submitted on specific forms (model forms are annexed to COMMISSION IMPLEMENTING REGULATION (EU) No 1352/2013).
Note: application for action may be taken both as a preventive measure and as a reaction to infringements.
The agency responsible for investigating these applications in Poland is Customs Chamber in Warsaw
Contact details for submiting applications in Poland:
Customs Chamber in Warsaw
Erazma Ciolka 14 A
01-443 Warsaw
Poland
Tel: +48 22 544 75 67
Fax: +48 22 544 75 68
e-mail: witw@war.mofnet.gov.pl
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The registration of your industrial design lasts up to 25 years. However, if you want this to happen you must renew it every 5 years.
In cases of non-payment of renewal fees, no reminders will be issued.
In case of failure to observe the time limit referred to above, renewal fees can still be paid within a period of grace of 6 months after the due date provided that a surcharge of 30 % of the due fee is paid at the same time. This time limit is not restorable.
| Year | Standard fees (zł) | Reduced fees (zł) | Comments |
| 1 | 400 | ||
| 6 | 1000 | ||
| 11 | 2000 | ||
| 16 | 3000 | ||
| 21 | 4000 |