• Design fees

Fees associated with filing industrial design applications in Poland, as well as other design fees, are available in the fee calculator.

• The term for filing the industrial design application in Poland

The term for filing an industrial design application claiming priority in Poland is six months from the date of priority.

• Minimum of filing documents 

To obtain a filing date the industrial design application in Poland must contain:
- a request containing at least indications concerning the applicant, a definition of the subject-matter of the application and a petition for the grant of a right in registration;
- illustration of the industrial design.

• Multiple design application

Multiple design applications are not possible in Poland.

• Validity term

The total term of the industrial design patent validity in Poland is 25 years, paying the renewal fee every five years. 

• Examination of a design application in Poland

The industrial design application in Poland does not undergo the substantive examination. 

• Power of Attorney requirements

Official legalisation is not required. The POA may be submitted within two months from filing industrial design application. If the applicant is a legal person it is necessary to provide the Polish Patent Office with the excerpt from the Commercial Registry certifying the person signing the POA is duly authorised to act individually on behalf of the company. 

• Priority document

The priority document must be provided within three months from filing a design application in Poland. If the priority document is not in English, French, German or Russian, a certified translation thereof into Polish must accompany the document.

• Grace period

The novelty grace period is applicable if the disclosure of an industrial design is made by the author or his legal successor before 12 months from filing the design application in Poland.

• Grant and patent maintenance

If no objections are raised, the Office issues a grant decision. The official fee for publication as well as the first renewal fee should be paid within three months from receipt of the notification about design registration. If the fees are not timely paid the decision on the grant will be revoked. After registration particulars of the design are published in the Patent Office Journal.

• Representation by a patent attorney

Foreigners residing outside Poland must perform the industrial design prosecution through an agent, a registered in Poland patent attorney.

• What can be registered

Any new and individual character appearance of the whole or a part of a product resulting from the features of, in particular, the lines, colours, shape, texture or materials of the product and its ornamentation may be registered as an industrial design in Poland.

• What cannot be registered

The following objects may not be registered as an industrial design in Poland:
- which are solely dictated by its technical function,
- which must necessarily be reproduced in their exact form and dimensions to permit the product to be mechanically connected to, or to interact with, another product.

• Notes

1. Online Search databases: Polish Industrial Designs, Community Designs (EUIPO), International Designs.
2. The industrial design protection in Poland may also be obtained via registration of a Community Design.

Brief summary is based on the information provided by KARCZ ZAKROCKA | PATENT & TRADE MARK ATTORNEY on 15.02.2023
Please contact us if the above information is not in conformity with Polish IP Laws.