I. GENERAL INFORMATION
Apart from technical solutions, the world is full of typically aesthetic solutions. Such solutions can be protected as industrial designs. An industrial design can be a cup, picture frame, bottle, toy, clothing and many, many other items. Having acquired protection for an industrial design you get exclusivity for its use in a professional way, or for a consideration, for 25 years as of filing your application in the Patent Office. Without your consent nobody can use the industrial design.
An industrial designis a new, and having individual character, form of a product or part thereof, attributed to it, in particular, by features of lines, contours, shapes, colouring, structure or material of this product and by its ornamentation.
An industrial design, being an intangible asset, can be a subject of lien. The industrial design is negotiable instrument and can be inherited. Possessing an industrial design you can conclude a licence agreement for its use, which will give you an extra incentive.
II. HOW TO GET AN INDUSTRIAL DESIGN PROTECTION
1. Selection of Attorney
It is well worth to use the services, in Patent Office proceedings, of a patent attorney, who will act as your attorney and prepare in a professional way the application documentation so that the protection scope be as broad as possible.
According to article 236 The Industrial Property Law Act (Official Journal of Laws No 119, Section 1117): “An attorney of any party in the proceedings before the Patent Office in any cases associated with filing and consideration of applications and maintenance of protection for inventions, trade marks (…), can only be the patent attorney”.
Any citizens of foreign countries and foreign companies can proceed before the Patent Office of the Republic of Poland only via patent attorneys having fixed abode in Poland.
The patent attorney is authorised to act in the capacity of an attorney before the Patent Office, Courts of Justice and any other bodies in matters associated with industrial property protection.
The Power of Attorney required by the Patent Office shall be made by the Patent Attorney’s Office and signed by a person authorised to represent the company.
Using services of our Office you may rest assured that we will handle your case in a comprehensive and professional way. All payments associated with industrial design protection will be signed by our Office, which will be very important for you because you’ll be getting many calls for payments by companies encouraging you to put your design in their private registers under cover of linking with protection in Polish Patent Office, WIPO or EUIPO. Thanks to comprehensive service provided by our Office you will avoid such undue payments.
2. Documents needed for acquisition of industrial design protection
In order to efficiently and quickly go through the industrial design protection procedure you will need:
- Home address – if the applicant is a natural person;
- TIN and company registration numbers
- Industrial design inventor particulars – if it is person other than the applicant
- Industrial design technical drawings, best of all in electronic form, in JPG, CDR formats (if you don’t have technical drawings the Office will commission making them).
During a meeting the inventor or applicant will provide all the essential information on the solution design and/or operation.
The Power of Attorney and essential orders are drafted by the Office.
3. Selection of the protection acquisition procedure
Industrial design protection pertains to a specific territory. To acquire protection you can use the national procedure thanks to which your industrial design will be protected in the territory of given country. In Poland protection for industrial designs is granted by the Patent Office having its registered office in Warsaw.
To acquire protection in territories of other countries you can avail yourself of:
- Individual industrial design application in given country, which procedure shall be effected by the Patent Attorney’s Office via partner offices in given countries;
- International procedures, for example, acquisition of protection for the European Industrial Design protected in the entire territory of the European Union.
4. Industrial design protection acquisition
Once the industrial design protection is awarded, relevant office will issue the Protection Certificate, which is a document confirming acquisition of protection for given industrial design. The document indicates the date as of which the industrial design is protected, number of the right awarded, industrial design owner, industrial design inventor, industrial design description together with drawings.
The industrial design will be protected for 25 years. After expiry of this period its protection expires.
The Patent Attorney’s Office of Aneta Balwierz-Michalska will take care of timely payment of fees for subsequent protection periods.