Protection of Industrial Designs

Protection of industrial designs with a patent attorney

If you want to reserve the shape of an item – only the outer form of the product (without reserving its features, properties or elements inside) the fastest and cheapest form of protection isprotected as an industrial design.

By the definition presented in the Act of June 30, 2000. Industrial property law: an industrial design is a new and individual form of a product or part thereof, given to it in particular by the features of lines, contours, shapes, colors, texture or material of the product and by its ornamentation .[1]

Registration of an industrial design is a kind of privilege of an enterprise thanks to which it acquires the exclusive right to use the industrial design commercially or professionally in the entire territory, e.g. the Republic of Poland , or the European Union. The owner of a registered industrial design may prohibit the production, offering and marketing of products that could infringe the design.

If you want to protect your product, please contact our office. Our patent attorneys provide assistance in every issue related to the protection of your industrial design, from advice on protection options, form of product presentation, selection of territory, monitoring fees, to advice on the protection of your rights and infringements of industrial designs by other entities. Our advocates will support you in the process of protecting your product.

[1] ACT of June 30, 2000, Industrial Property Law (Journal of Laws of 2001, No. 49, item 508)

Implementation of industrial design protection in our patent office

Remember that even though we come from Rzeszów, we operate globally. We cooperate with clients from all over Poland and also serve foreign clients. Work mainly takes place online.

  1. Inquiry regarding industrial design protection

When sending us an inquiry regarding the protection of an industrial design, we will provide all information regarding the proposed number of protected designs, application costs and determining the territory of protection.

  1. Preliminary tests of registrability

Before filing an application for your industrial design, we recommend conducting research to determine whether your industrial design (or similar) is registrable and has not been previously registered on behalf of another entity, thus not exposing yourself to the invalidation of your industrial design registration by third parties.

  1. Industrial design application

After accepting all varieties of the industrial design and receiving the power of attorney, we apply for the industrial design in the territory of your choice.

  1. Official fees

Along with the application documentation, we provide full instructions on paying official fees so that you do not fall victim to fraudsters impersonating the Patent Office.

    1. Industrial design registration

Varieties of industrial design

Najczęstszym problemem związanym z ochroną wzoru przemysłowego jest określenie ilości odmian danego produktu. Wzór przemysłowy chroni jedną postać danego produktu, każda wprowadzona modyfikacja w kształcie, kolorze jest odrębnym wzorem przemysłowym – kolejną odmianą wzoru przemysłowego, jeżeli całość połączona jest wspólną ideą. Zmiana struktury drewna na stoliku, wprowadzenie dodatkowego elementu graficznego, opakowanie produktu w innej wersji kolorystycznej – wszystko to daje kilka odmian wzoru przemysłowego.

The most common problem related to the protection of an industrial design is determining the number of varieties of a given product. An industrial design protects one form of a given product, each modification introduced in shape or color is a separate industrial design – another variety of the industrial design, if the whole is connected by a common idea. Changing the structure of the wood on the table, introducing an additional graphic element, packaging the product in a different color version – all this gives several variations of the industrial design.

You can protect an industrial design in the form of a technical drawing, it will protect the entire shape of your product and will be protected in any color version, but it will not protect the characteristic color, texture or ornament that your product may have.

Frequently asked questions about industrial design protection

To file your industrial design, we need: - Name of the Applicant (name, surname, address; company name, address, Tax Identification Number); - Name, surname and address of the Creator of the industrial design; - Technical drawings, photos of your product (.jpg, .pdf); - Territory; - Decision regarding the registrability testing service; Based on the above information, we will provide: - Agreement, order and power of attorney; - Prepared application drawings or instructions for their production; - Test results; - Application documentation.
Each colour of the product is a separate variation of the industrial design, so you should file as many variations of the design as there are colour versions. The second form of protection is a technical drawing, but it does not protect the characteristic colour of the product, only its shape.
Yes, but the number of months is key here – if less than 12, you can still file an industrial design application.
A trademark is used to designate goods and services according to a reported list of goods and services, while an industrial design protects the shape of a product. A logo, label, or packaging can be protected by an industrial design, but in the event of infringement, it is a weaker form of protection.
Yes! If less than 6 months have passed since the application to the Polish Patent Office, you can still file an industrial design application in a selected country (or several) based on the so-called priority.
Application documentation preparation stage: - Conducting registration capacity tests by our office usually takes up to 14 business days, - Preparation of application documentation and its submission for acceptance usually takes up to 5 business days, - Application of a design after acceptance usually takes up to 2 business days, Office examination stage /”smooth procedure”/: - Time to pay official fees for application of a design is one month from the date of application, - Publication of the design takes up to two weeks, - Issuance of a decision by the Polish Patent Office, approximately 2 months - Time to pay official fees for registration of an industrial design in the Polish Patent Office is three months from the date of issuance of the decision, - Issuance of a certificate is approximately 2 months.
Application documentation preparation stage: - Conducting registration capacity tests by our office usually takes up to 14 business days, - Preparation of application documentation and its submission for acceptance usually takes up to 5 business days, - Filing a design application after acceptance usually takes up to 2 business days, Office examination stage /”smooth procedure”/: - The time for paying official fees for design application is one month from the date of filing, - Design publication takes several days, - EUIPO Alicante Office registers the design within 7 days.
At any time, you can submit an appropriate application to change the Owner's data, and we can help you with this. At your request, we will also prepare an industrial design sale agreement, which should be submitted to the appropriate office together with the application. Remember that each office should always have your current data!