Poland - Register Industrial Design

Create Procedure for Poland

Procedure

1. To register an industrial design, an application must be submitted to the Patent Office of the Republic of Poland. An application may be filed by the creator(s). If an applicant, requesting a right in registration for an industrial design, is not its creator, he will be obliged to indicate the creator in his request and state the grounds on which his own right to obtain a right in registration is based.
2. The request for registration may be submitted to the Office (by post, by fax or personally) together with these following documents:
   1. A request at least containing indications concerning the applicant, the definition of the subject-matter of the industrial design application and a petition for the grant of a right in registration.
   2. A description of the industrial design with the drawing (3 copies) disclosing the subject-matter of the design.
   3. An industrial design application may also contain photographs and (in case of textile designs) samples of a textile fabric.
3. Documents claiming priority may be submitted not later than within three months from the filing date of the industrial design.
4. An application for registration is deemed to have been filed at the date at which it has been received by the Patent Office. If an application has been transmitted by fax, the original copy of it shall be required within 30 days from the date on which the transmission was effected. The time limit cannot be restored. If an application which has been transmitted by fax is illegible or not identical with the submitted original, the date at which the original has been received will be deemed to be the filing date.
5. The application fee to register an industrial design application is 300 zloty. It must be paid in advance or within one month from the date an invitation to payment was submitted by the Patent Office. However, notice will be taken of the current fee rates, as they are subject to periodical changes.
6. One industrial design application may relate to individual appearances of a product having the essential features common (forms of an industrial design). One application may contain no more than ten forms of an industrial design, unless the said forms taken together constitute a complete set of products. All the forms of the industrial design contained in one application shall be presented in a form of figures of one drawing.
7. Once the application is approved a certificate of registration will be issued to the applicant. Granted rights in industrial designs registration shall be recorded in the Industrial Designs Register.

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Required Documents

• A request at least containing indications concerning the applicant, the definition of the subject-matter of the industrial design application and a petition for the grant of a right in registration.
• A description of the industrial design with the drawing (3 copies) disclosing the subject-matter of the design.
• An industrial design application may also contain photographs and (in case of textile designs) samples of a textile fabric.

Office Locations & Contacts

The Patent Office of the Republic of Poland

Al.Niepodleg?o?ci 188/192
00-950 Warsaw, P.O.Box 203
Poland

Switchboard: (+4822) 5790 000

Fax: (+4822) 5790 001

The PPO's A/c:
NBP O/O Warszawa

93101010100025832231000000

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Eligibility

Any new and having 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, constitutes an industrial design.

• An industrial design will be considered to have individual character, if the overall impresssion it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available before the date according to which priority is determined.
• An industrial design will be considered new if, before the date according to which priority to obtain a right in registration is determined, no identical design has been made available to the public, example: used, exhibited or otherwise disclosed. Designs shall be deemed to be identical with those made available to the public if their features differ only in immaterial details. A design will not be deemed to have been made available to the public, if it could not have become known to the circles specialised in the sector, to which the design belongs.

Any industrial or handicraft item, including, in particular, packaging, graphic symbols and typographic typefaces, but excluding computer programs, will be considered a product.

Rights in registration will not be granted for industrial designs whose exploitation would be contrary to public order or morality.

Fees

Basic fee for an industrial design application is 300 zloty. It must be paid in advance or within one month from the date an invitation to payment was submitted by the Patent Office. However, notice will be taken of the current fee rates, as they are subject to periodical changes.

Validity

The term of a right in registration of an industrial design is 25 years, counted from the date of filing of an industrial design application with the Patent Office, the said term being divided into 5-year periods. A right in registration will be granted subject to payment of a fee for the first protection period.

Documents to Use

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Sample Documents

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Processing Time

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Related Videos

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	

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Instructions

The Patent Office of the Republic of Poland receives and examines industrial design applications. The Office is in charge with making decisions concerning grant of rights of protection and in keeping the Register of industrial designs.

Required Information

A list which displays the kind of information which is required to complete the procedure.
e.g.
1. Date of Birth.
2. City or County of Birth.

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Need for the Document

This procedure provides information on how industrial designs are registered in Poland.

Information which might help

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Other uses of the Document/Certificate

• The right in registration will grant its holder the exclusive right to exploit the industrial design for profit or for professional purposes throughout the territory of the Republic of Poland.
• The right conferred by the registration of an industrial design shall be limited to the kind of products, in respect of which the protection has been applied for.
• A right in registration for an industrial design belongs to the creator.
• Where an industrial design has been made jointly by a number of persons, the right in registration will belong to them jointly.

External Links

Patent Office of the Republic of Poland

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