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INDUSTRIAL PROPERTY items cOMPRISE INVENTIONS, UTILITY MODELS, TRADEMARKS, TOPOGRAPHIES OF INTEGRATED CIRCUITS AND GEOGRAPHICAL INDICATIONS.


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INVENTIONS

The Industrial Property Law of June 30, 2000 does not define an invention; in line with Art. 24 of the Industrial Property Law patents shall be granted – regardless of the field of technology – for any inventions which are new, which involve an inventive step and which are susceptible of industrial application. One should bear in mind that novelty of an invention is assessed on a global scale. Specifically, the following shall not be considered inventions:
  • discoveries, scientific theories and mathematical methods,
  • aesthetic creations,
  • schemes, rules and methods for performing mental acts, doing business or playing games,
  • creations, whose incapability of exploitation may be proved under the generally accepted and recognized principles of science,
  • programs for computers,
  • presentations of information.
Inventions are patentable. A patent shall confer the exclusive right to exploit the invention, for profit or for professional purposes, throughout the territory of the Republic of Poland. The term of a patent shall be 20 years counted from the date of filing of the patent application with the Patent Office.
While filing an application for an invention, the following should be provided:
  • order for filing an application for an invention with Applicant’s full name and address as entered into a relevant register
  • inventor’s full name
  • abstract of the nature of a solution offered by an invention
  • drawings necessary to understand an invention
  • REGON (statistical number) / NIP (Taxpayer’s ID) and invoicing details

Stamp duty for a power of attorney is PLN 17.


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Utility models

A utility model model is any new and useful solution of a technical nature affecting shape, construction or durable assembly of an object. Novelty of a utility model shall be determined on a global scale, and a utility model shall be considered a useful solution if by means of that solution a practical effect is attainable, expedient in the process of manufacturing or exploitation of the product. For a utility model a right of protection shall be granted. A right of protection shall confer the exclusive right to exploit the utility model for profit or for professional purposes throughout the territory of the Republic of Poland. The term of a right of protection shall be 10 years counted from the date of filing of a utility model application with the Patent Office.
While filing an application for a utility model, the following should be provided:
  • order for filing an application for a utility model with Applicant’s full name and address as entered into a relevant register
  • full name of a creator of a utility model
  • abstract of the nature of a solution offered by a utility model
  • drawings necessary to understand a utility model
  • REGON (statistical number) / NIP (Taxpayer’s ID) and invoicing details

Stamp duty for a power of attorney is PLN 17.


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Trademarks

Any sign capable of being represented graphically may be considered a trademark, provided that such signs are capable of distinguishing the goods of one undertaking from those of other undertakings. The following, in particular, may be considered trademarks within the meaning of paragraph (1): words, designs, ornaments, combinations of colors, the three-dimensional shape, including the three-dimensional shape of goods or of their packaging, as well as melodies or other acoustic signals. Right of protection granted for a trademark shall have the form of a certificate of protection. Holder of the right of protection can indicate that their trademark has been registered by placing the letter R enclosed in a circle close to the trademark. The right of protection shall confer the exclusive right to use the trademark for profit or for professional purposes throughout the territory of the Republic of Poland (national application), European Union (application for EU trademark) or in any country in the world (international application for a trademark). The term of the right of protection shall be 10 years counted from the date of filing of a trademark application with the Patent Office and may be extended for subsequent ten-year periods.
While filing an application for a trademark, the following should be provided:
  • order for filing an application for a trademark with Applicant’s full name and address as entered into a relevant register
  • list of goods/services to be labelled with a mark
  • representation of a mark in a JPG file if an application refers to a word and figurative mark, a figurative mark or a spatial mark. While filing an application for EU trademark, a standard type of file with representation of a trademark should fulfill the following criteria:
    maximum size: 2835 pixels x 2010 pixels
  • printing resolution: min 96 max 300 DPI
  • REGON (statistical number) / NIP (Taxpayer’s ID) and invoicing details

Stamp duty for a power of attorney is PLN 17.


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Industrial designs

An industrial design shall be 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, colors, shape, texture or materials of the product and its ornamentation. A product shall be any industrial or handicraft item, including, in particular, packaging, graphic symbols and typographic typefaces, but excluding computer programs. A product shall also be an item which is composed of multiple components, which can be replaced permitting disassembly and reassembly of the item (complex product), as well as a component part, if, once incorporated into the complex product, it remains visible during normal use of the latter. For an industrial design a right in registration may be granted. The right in registration shall confer the exclusive right to exploit the industrial design for profit or for professional purposes throughout the territory of the Republic of Poland (national application), European Union (application for EU industrial design) or in any country in the world (international application for an industrial design). The term of a right in registration shall be 25 years counted from the date of filing of an application with the Patent Office, said term being divided into 5-year periods.
While filing an application for an industrial design, the following shall be provided:

  • order for filing an application for a trademark with Applicant’s full name and address as entered into a relevant register
  • full name of an industrial design’s creator
  • representation of a design in a JPG file. While filing an application for EU industrial design, a standard type of file with representation of a trademark should fulfill the following criteria: maximum size: 5000 pixels x 5000 pixels
  • printing resolution: min 72 max 300 DPI
  • REGON (statistical number) / NIP (Taxpayer’s ID) and invoicing details
Stamp duty for a power of attorney is PLN 17.

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Topography of integrated circuits

A topography of an integrated circuit, hereinafter referred to as a “topography”, shall be any solution consisting of a three-dimensional arrangement of the elements, however expressed, at least one of which is an active element, and of all or some interconnections in an integrated circuit. An integrated circuit shall mean any three-dimensional product having one or more layers, composed of elements of semiconducting material forming a continuous layer and of conducting interconnections and insulating spaces, inseparably interconnected, intended to perform electronic functions. Right in registration shall have the form of a certificate of registration of a topography. Holder of the right in registration can indicate that their topography has been registered by placing the letter T enclosed in a circle on the topography or a product containing this protected topography. The right in registration shall confer the exclusive right to exploit the industrial design for profit or for professional purposes throughout the territory of the Republic of Poland. The term of the right of protection shall be 10 years counted from the end of a calendar year in which the topography or an integrated circuit containing the topography was filed with the Patent Office. Topography protection shall terminate 10 years from the end of the calendar year in which the topography or an integrated circuit embodying such topography was put on the market or from the end of the calendar year in an application for registration of the topography was filed with the Patent Office, whichever term expires earlier.

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Geographical indications

Geographical indications, for the purpose of the Law, shall be word indications which in an explicit or implicit manner designate the name of a place, locality, region or country (territory), which identify goods as originating in that territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin. For a geographical indication a right in registration may be granted. Term of protection for a geographical indication shall be unlimited and shall start from the date of its entry in the Register of Geographical Indications kept by the Patent Office.




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Kancelaria Patentowa "LegePatent"
Beata Anna Kucharczyk

ul. Norwida 7 lok. 28
41-300 Dąbrowa Górnicza