INDUSTRIAL DESIGNS

What is an industrial design?

The industrial design represents the form of the whole or part of the product and mainly concerns the shape and external form of the object, resulting in particular from the features of the lines, contours, colors, shape, texture, and/or materials of the product itself and its ornamentation.

Who can obtain protection for industrial designs?

The right of protection for an industrial design is granted to any person who has invented an original or new object. Please note that a registered industrial design only protects the visually perceptible appearance of the product, not its design, operation, or mode of action.

How long does industrial design protection last?

Rights in registration are granted for industrial designs, and their protection lasts for a maximum of 25 years from the date of application and is divided into successive 5-year periods.

When does an object qualify for an industrial design?

In order for a design to receive the right to registration, it must be new and have the so-called individual character, i.e., it should be original compared to other designs of the same type. Both of these criteria are assessed in relation to designs that have been made publicly available (i.e., published or traded) prior to the filing date.

What are the benefits of registered industrial designs?

Registering an industrial design can help protect the interests of the product owner against the actions of potential imitators by granting him a market monopoly (industrial or commercial) for the use of a specific product, while the protection applies to the physical form of the object and its visually perceptible features.

Our services give you an easy and inexpensive way to register industrial designs in Poland, in Europe, and around the world.

Our industrial design services include::

• consulting services in matters related to design and assistance in choosing the right way to protect a specific product in Poland, Europe, and around the world;
• filing industrial design applications with the Polish Patent Office, the European Union Intellectual Property Office (EUIPO), and under international procedure (WIPO);
• conducting court and administrative proceedings before the Provincial Administrative Court in Warsaw and the Supreme Administrative Court in the field of decisions of the Patent Office of the Republic of Poland regarding industrial designs;
• supervising the deadlines for official fees related to maintaining the rights in registration of industrial designs in force, including the payment of fees for successive periods of protection in Poland and abroad;
• conducting searches for registered industrial designs;
• conducting opposition and revocation proceedings before the Patent Office of the Republic of Poland and, in the case of community designs, before the European Union Intellectual Property Office (EUIPO), including preparation of applications and pleadings and participation in hearings;
• monitoring new industrial design applications of a competitor: as part of this service, we can regularly search for publications of new industrial design applications of a competitor, which gives the opportunity to quickly counteract the appearance of identical or similar products on the market and knowledge of industrial design implemented by a competitor;
• conducting court proceedings regarding disputes in the field of imitation of products and their marketing, as well as for copyright infringement, if a given product has the features of a work.

 

As part of the services of our law firm, we also offer:

I
Advice on the patentability of an invention, the protective capacity of a utility model, the registrability of an industrial design, and the registrability of a trademark, including the preparation of opinions.

Prior art research for inventions, utility models, and industrial designs included the preparation of opinions and the determination of the legal status of similar solutions.

Preparation of legal advice on infringements of exclusive rights obtained.

II
Preparation of national, EU, and international application documentation for inventions, utility models, industrial designs, and trademarks

Preparation of patent specifications, in particular in the fields of chemistry, pharmacy, medicine, and mechanics.

Representing clients before the Patent Office of the Republic of Poland, the European Intellectual Property Office (EUIPO), the International Office of the World Intellectual Property Organization (WIPO), and the European Patent Office (EPO).

Conducting litigations before the Patent Office of the Republic of Poland, the European Union Intellectual Property Office (EUIPO), common courts, including intellectual property courts, and administrative courts (the Provincial Administrative Court in Warsaw and the Supreme Administrative Court in Warsaw).

III
Drafting agreements and contracts: on joint rights, assignment of rights, and licensing agreements in the field of patents, utility models, industrial designs, and trademarks.

Drafting regulations for the use of trademarks.
IV
Preparation of warning letters in cases of infringement of patents for inventions, protection rights for utility models, protection rights for trademarks, or rights in registration of industrial designs, and responses on behalf of clients to such third-party letters.

We cooperate with many foreign law firms that allow and facilitate us to obtain intellectual property rights for the client as well as to pursue and enforce intellectual property infringements outside the territory of Poland.

With regard to meeting all your needs, we establish cooperation with lawyers for the efficient defense of your rights in court proceedings and with patent attorneys specializing in specific fields of technology.