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An industrial property right relates to inventions, utility models, trade marks.  Below you will find information about the main objects of industrial property rights and how to protect them. 

Invention

The invention to be protected must be of a technical nature.  Four categories of inventions have been identified:  products, equipment, procedures, applications.  An invention shall be, inter alia:  a novelty at global scale and of industrial applicability.  An invention shall be considered to be new if it does not form part of the state of the art.  What does not constitute an invention?  Discoveries, scientific theories, mathematical methods, aesthetic creations, schemes, rules and methods for mental or economic activities and games are not considered inventions. 

Inventions are protected by a patent.  In order to obtain it, you must register the invention to the relevant Patent Office.  The application procedure shall be conducted in writing.  Excluded from patentability are inventions whose exploitation would be contrary to public order or to accepted principles of morality. 

Patent application procedure

See more information on patent applications to the Patent Office of the Republic of Poland. 

Duration of patent protection is 20 years from the date of filing the patent applications to the competent patent office.  The patent shall be transferable and is subject to inheritance. Obtaining a patent one acquires a right to exclusive use of the invention commercially or professionally throughout the entire territory of Poland (one can also make the individual notifications in patent offices in each of the countries).

Utility model

This is a new and useful solution of technical nature that refers to the shape, construction or the combined elements of an object  A model relates to material objects  therefore it is not possible to apply for the protection measures concerning such practices or uses of a substance.  An example of utility model is a bicycle.  The period of protection is 10 years from the date of filing application of a utility model.  See how to file an application of the utility model to the Patent Office. 

Read more on patents and utility models in the Patent Office. 

Industrial design

This is a new and having individual character (originality) form of a product or part of it, resulting from the features of, in particular, the lines, contours, shapes, colours, structure or material and its ornamentation.  All of this means that the goods have a more attractive appearance and may be bought more willingly.  Packaging or graphic symbols may be design.  The industrial design is protected by law derived from registered and the period of protection is 25 years from the date of filing application of the industrial design.  There is also the possibility of individual national patent offices of the countries in which one intends to protect an industrial design. 

Read more on industrial designs in the website of the Patent Office of the Republic of Poland

Find out how to register an industrial design at the Patent Office of the Republic of Poland.

Trademark

This is a sign that may be represented graphically and which distinguishes the goods of one company from the same type of goods of other companies.  A word, drawing, combination of colours or acoustic signal may be a trademark. 

Trade marks shall be reserved for specific goods or services which are assigned to specific classes of the international classification (‘the Nice Classification').  The Patent Office shall provide protection right for a period of 10 years from the date of filing.  Where, at the request of the entitled person (on payment of a fee), the protection of that mark may be extended for successive periods of 10 years (unlimited), however, condition to maintain the protection of the mark is the actual use of the goods covered by the registration.  In the case of trade mark inter alia, individual notification may be made before patent offices in the countries where one intends to protect their trade marks. 

More on trade marks on the website of the Patent Office of the Republic of Poland. 

Find out how to register a trade mark. 

Geographical indications

These are names directly or indirectly relating to the place, region or country (terrain), which identify goods as originating from the area.  Condition is that a given quality, reputation or other characteristic of the product must be essentially attributable to its geographical origin. 

A geographical indication may be made by the organisation authorised to represent the interests of producers operating in the given area, a s well as a government body or local authority competent for the area to which the geographical indication refers. Protection of geographical indicationsruns from the date on which the entry in the register of geographical indications was made (has no expiry date). 

Read more about geographical indications on the website of the Patent Office of the Republic of Poland. 

See the application file to the geographical indication. 

A topography of integrated cicuit

Relates to integrated circuits.  You can find out more about notifications on the website of Patent Office . 

More information

Notifications of patents, trademarks etc. are subject to fees.  Take a look at the fees for individual notifications of particular objects of industrial property. 

Legal basis

Act of 30 June 2000 — Industrial Property Rights

 

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