• Patent Agency
    Aneta Balwierz-Michalska
    Patent Agency
    Aneta Balwierz-Michalska
    We have been advising since 1977
    We have been advising since 1977

International regulations

International regulations

  • The Stockholm Act changing the Paris Convention for the Protection of Industrial Property of 20 March 1883 changed in Brussels on 14 December 1900,in Washington on 2 June 1911,in the Hague on 6 November 1925, in London on 2 June 1934, in Lisbon on 31 October 1958, made in Stockholm on 14 July 1967 (Official Journal of Laws No 9/1975 Section 51) and the act to withdraw by the Republic of Poland of the reservation made to art. 28.1 The Stockholm Act changing the Paris Convention for the Protection of Industrial Property (Official Journal of Laws No33/1998, Section 179)
  • The Patent Cooperation Treaty made in Washington on 19 June 1970, amended on 2 October 1979 and changed on 3 February 1984 (Official Journal of Laws No 70/1991, Section 303 + Attachment) as well as government declaration of 16 May 1994 regarding withdraw by the Republic of Poland of the declaration to The Patent Cooperation Treaty (Official Journal of Laws No 73/1994, Section 330)
  • The Madrid Agreement on International Registration of Marks of 14 April 1891 revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in the Hague on 6 November 1925, in London 2 June 1934, in Nice on 15 June 1957 and in Stockholm on 14 July 1967 and changed on 2 October 1979 (Official Journal of Laws No 116/1993, Section 514) and the act to withdraw by the Republic of Poland of the reservation made to art. 14.2 (d) and (f) The Madrid Agreement on International Registration of Marks (Official Journal of Laws Nr 23/2001, Section 272)
  • Protocol to The Madrid Agreement on International Registration of Marks made in Madrid on 27 June 1989 (Official Journal of Laws No 13/2003, Section 129)
  • The Strasbourg Agreement Concerning the International Patent Classification made in Strasburg on 24 March 1971 and changed on 28 September 1979 (Official Journal of Laws No 63/2003, Section 579)
  • The Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks signed in Nice on 15 June 1957, revised in Stockholm on14 July 1967 and in Geneva on 13 May 1977 and changed on 28 September 1979 (Official Journal of Laws No 63/2003, Section 583)
  • The Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks made in Vienna on 12 June 1973and changed on 1 October 1985 (Official Journal of Laws No 172/2003, Section 1669)
  • European Patent Convention made in Munich on 5 October 1973, changed with an act amending article 63 of the Convention of 17 December 1991 and decisions of the Administrative Council European Patent Organization of 21 December 1978, 13 December 1994, 20 October 1995, 5 December 1996 and 10 December 1998 including protocols making integral part thereof (Official Journal of Laws No 79/2004, Section 737), the Act of 29 November 2000 revising the European Patent Convention made in Munich on 5 October 1973 (Official Journal of Laws No 236/2007, Section 1736)
  • The Singapore Treaty on the Law of Trademarks and Regulations under the Singapore Treaty on the Law of Trademarks adopted in Singapore on 26 March 2006 (Official Journal of Laws No 100/2009, Section 838)
  • Hague Agreement Concerning the International Registration of Industrial Designs, adopted in Geneva on 2 July 1999 – Geneva Act of 2 July 1999 (O. J. L. No 198/2009, Section 1522)
  • Locarno Agreement Establishing an International Classification for Industrial Designs signed in Locarno on 8 October 1968, amended on 28 September 1979 (O. J. L. of 2014, Section 461)
  • Agreement on the Visegrad Patent Institute signed in Bratislava on 26 February 2015 (O. J. L. of 2016, Section 43).

National regulations

  • The Industrial Property Law Act of 30 June 2000 (Official Journal of Laws No 119/2003, Section 1117, no 33/2004, Section 286, No 10/2005, Section 68, No 163/2005, Section 1362 and No 167/2005, Section 1398, No 170/2006, Section 1217, 1218 and No 208/2006, Section 1539 and No 99/2007, Section 662 and No 136/2007, Section 958)
  • The Act of 12 September 2002 on ratification of the Act dated 29 November 2000 revising the European Patent Convention (Official Journal of Laws No 183, Section 1520)
  • The Act of 14 March 2003 on filing European Patent Applications and consequences of the European Patent in the Republic of Poland (Official Journal of Laws No 65, Section 598 and of No 136/2007, Section 958)
  • The Act of 19 September 2003 on ratification of The European Patent Convention made in Munich on 5 October 1973 changed with an act amending art. 63 thereof of 17 December 1991 and decisions of the Administrative Council European Patent Organisation of 21 December 1978, 13 December 1994, 20 October 1995, 5 December 1996 and 10 December 1998 including protocols making integral part thereof (Official Journal of Laws No 193, Section 1885)
  • The Act of 30 May 2008 on ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs adopted in Geneva on 2 July 1999 (Official Journal of Laws No 130, Section 827)
  • The Act of 30 May 2008 on ratification of the Singapore Treaty on the Law of Trademarks and Regulations under the Singapore Treaty on the Law of Trademarks adopted in Singapore on 27 March 2006 (Official Journal of Laws No 133, Section 842)

Law enforcement provisions to The Industrial Property Law Act

  • Ordinance by the Council of Ministers of 29 August 2001 on Fees Connected with Protection of Inventions, Utility Models, Industrial Designs, Trade Marks, Geographical Denominations and Integrated Circuit Topographies (Official Journal of Laws No 90, Section 1000); changed with the Ordinance by the Council of Ministers of 2 March 2004 amending the Ordinance on Fees Connected with Protection of Inventions, Utility Models, Industrial Designs, Trade Marks, Geographical Denominations and Integrated Circuit Topographies (Official Journal of Laws No 35, Section 309); changed with the Ordinance by the Council of Ministers of 26 February 2008 amending the Ordinance on Fees Connected with Protection of Inventions, Utility Models, Industrial Designs, Trade Marks, Geographical Denominations and Integrated Circuit Topographies (Official Journal of Laws No 41, Section 241)
  • Ordinance by the Chairman of the Council of Ministers of 17 September 2001 on Filing and Considering Applications of Inventions and Utility Models (Official Journal of Laws No 102, Section 1119); changed by the Ordinance by the Chairman of the Council of Ministers of 14 June 2005 amending the Ordinance on Filing and Considering Applications of Inventions and Utility Models (Official Journal of Laws No 109, Section 910)
  • Ordinance by the Chairman of the Council of Ministers of 19 October 2001 on Filing and Considering Applications of Integrated Circuit Topographies (Official Journal of Laws No 128, Section 1413)
  • Ordinance by the Chairman of the Council of Ministers of 8 January 2002 on Detailed Scope of Operation of the Patent Office of the Republic of Poland (Official Journal of Laws No 8, Section 59)
  • Ordinance by the Chairman of the Council of Ministers of 30 January 2002 on Filing and Consideration of Industrial Design Applications (Official Journal of Laws No 40, Section 358); changed by the Ordinance by the Chairman of the Council of Ministers of 13 June 2005 amending the Ordinance on Filing and Consideration of Industrial Design Applications (Official Journal of Laws No 106, Section 893)
  • Ordinance by the Chairman of the Council of Ministers of 25 April 2002 on Filing and Considering of Geographical Denomination Applications (Official Journal of Laws No 63, Section 570)
  • Ordinance by the Chairman of the Council of Ministers of 17 June 2002 on Expert Traineeship and Assistant Attorneyship and Assessment of Assistant Attorney’s Actions at the Patent Office of the Republic of Poland (Official Journal of Laws No 91, Section 810)
  • Ordinance by the Chairman of the Council of Ministers of 8 July 2002 on Filing and Considering Trade Mark Applications (Official Journal of Laws No 115, Section 998) ; changed by the Ordinance by the Chairman of the Council of Ministers of 14 June 2005 amending the Ordinance on Filing and Considering Trade Mark Applications (Official Journal of Laws No 109, Section 911)
  • Ordinance by the Chairman of the Council of Ministers of 23 July 2002 on Inventions and Utility Models Pertaining to State Defence and Safety (Official Journal of Laws No 123, Section 1056)
  • Ordinance by the Chairman of the Council of Ministers of 29 July 2003 on Filing and Considering of Applications Regarding Provision of an Extra Protection Right for Medicaments and Plant Protection Products (Official Journal of Laws No 141, Section 1361)
  • Ordinance by the Chairman of the Council of Ministers of 7 June 2004 on allocation of the Statute to the Patent Office of the Republic of Poland (Official Journal of Laws No 140, Section 1484)
  • Ordinance by the Minister of Finances of 29 September 2004 on Compensation for Participation in Work of Disputable Issues Boards Operating in the Patent Office of the Republic of Poland (Official Journal of Laws No 222, Section 2254) – it was effective until 31.10.2007.
  • Ordinance by the Chairman of the Council of Ministers of 3 November 2004 on Multipliers Applied for Fixing the Fees Payable to Experts, Assessors and Expert Trainees and Bonus Rates Applicable in the Patent Office of the Republic of Poland (Official Journal of Laws No 240, Section 2411)
  • Ordinance by the Chairman of the Council of Ministers of 15 May 2008 on Filing Applications for Inventions, Medicaments and Plant Protection Products, Utility Models, Industrial Designs, Trade Marks, Geographical Denominations and Integrated Circuit Topographies as well as Exchange of Correspondence in Electronic Form (Official Journal of Laws No 89, Section 540)
  • Ordinance by the Chairman of the Council of Ministers of 20 May 2008 on Records Kept by the Patent Office of the Republic of Poland (Official Journal of Laws No 91, Section 564)


Items of industrial property protection


Trade mark

Can be any sign allowing for distinguishing of goods of one enterprise from goods of another enterprise, which can be presented in the trade marks register

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Invention

Considered as possessing the level of invention if such invention does not clearly originate, for an expert, from the state of the art.

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Utility model

New and useful solution of technical character pertaining to shape, design or arrangement of an object of permanent form

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Industrial design

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

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