The fierce competition on the market makes industrial designs a strong asset for companies enjoying pertinent exclusive rights. A new and distinctive design attracts the attention of buyers and can become an easily recognisable business card.
An industrial design is a new and individual form of a product or of a part thereof, determined in particular by the features of lines, contours, shapes, colours, texture or material of the product and by its ornamentation, and thus the protection is granted for the appearance of the product or part thereof, i.e. for the external form thereof.
Industrial designs are protected by rights in registration, and said exclusive rights, limited term- and territory-wise, can be obtained under three procedures:
Under the Polish national procedure an application for an industrial design is filed with the Patent Office of the Republic of Poland. The procedure leading to obtaining the right in registration is relatively quick, as it entails just a formal examination.
An industrial design registration may also be sought in other countries, by filing suitable design applications with national patent offices, with possibility of claiming the priority date from a national application in Poland.
The international procedure for registration of industrial designs (under the Hague Agreement) allows for getting protection in selected signatory states by filing a single design application. Applications may be filed directly with the International Bureau of the World Intellectual Property Organization (WIPO) or through the Polish Patent Office.
After the formal examination of the application performed by WIPO, the patent offices in the designated states decide independently of each other on grant or refusal of the registration of the industrial design.
The Community procedure consists in filing industrial design applications with the European Intellectual Property Office (EUIPO) for getting the registration valid in the entire territory of the European Union, including Poland.
The application may be filed directly with the EUIPO or, upon the payment of an additional fee, through the Polish Patent Office.
Protection of an industrial design lasts maximum 25 years and is divided into five periods of five years each, starting as from the filing date. Before the expiration of each protection period a relevant renewal fee has to be paid.
We provide our Clients with comprehensive assistance in selecting the most advantageous protection system and preparing an appropriate application documentation. Our patent attorneys can represent our clients not only before the Polish Patent Office, but also before the EUIPO.
In the case of national applications in other countries, we secure well-proven professional assistance of foreign patent attorney firms.