Start with the authority and procedure
“Representative” does not describe one universal entitlement in IP matters. Filing a patent application before the Polish Patent Office (UPRP), seeking invalidation in contentious proceedings and bringing a civil infringement claim involve different rules. Start a case note with the authority, right, procedural stage and the party’s legal status and residence or establishment. Only then identify who may act. [1] [2]
Professional eligibility and authority from a particular client are separate questions. A qualified professional can still fail to demonstrate authority for the named company. Conversely, broadly worded authorisation does not create qualifications required by statute. Check both elements before relying on a signature or accepting delivery of procedural documents. [2] [3]
Patent filing and trade mark filing
For filing, examination and maintenance of protection concerning inventions, supplementary protection, utility models and semiconductor topographies, the professional representative before UPRP is a Polish patent attorney or an authorised cross-border service provider. Rules applicable to trade marks should not be transferred to this category. [1] [2]
Article 236(1¹) of the Polish Industrial Property Law also permits advocates and legal advisers for filing and maintaining trade marks, industrial designs and geographical indications. A business filing a technical invention and its brand should therefore check the two mandates separately. A single job title does not establish eligibility for every step of both procedures. [2]
Individuals and joint entitlement
Article 236(2) provides additional representatives for an individual: a jointly entitled person, parents, spouse, siblings, descendants and persons connected by adoption. This exception depends on the party being a natural person and on the specified relationship. Technical knowledge, friendship or an ordinary commercial arrangement is insufficient. A limited company remains a separate legal person even with one shareholder. [2]
For foreign parties, check Article 236(3) together with its exception for parties resident or established in the EU, EFTA states party to the EEA, and Switzerland. Residence, establishment and the procedural route matter. The language used by the inventor or the country where a product was developed does not answer the representation question. [2]
Contentious proceedings before UPRP
Contentious proceedings before UPRP adjudicating boards require a separate analysis. UPRP points to Article 33(1) of the Code of Administrative Procedure, applied through Article 256(1) of the Industrial Property Law: a natural person with legal capacity may represent a party. Professional representatives may also act and have the relevant powers to appoint substitutes. Do not mechanically import filing-stage restrictions. [3]
Authority must be demonstrated at the proper time. An application initiating contentious proceedings requires the documents specified in Article 255¹. Failure to cure an omission following a request may lead to discontinuance. Eligibility, signature and attachments should therefore be checked before submission, rather than when a hearing is scheduled. [2] [3]
Courts, EPO and EUIPO: separate regimes
Polish civil IP proceedings generally require an advocate, legal adviser or patent attorney under Article 87² of the Code of Civil Procedure. Exceptions include proceedings where the value in dispute does not exceed PLN 20,000, a court-granted exemption, and other statutory exceptions. The court division’s name alone does not determine whether the requirement applies. [4]
EPO representation is governed by EPC Articles 133–134; Polish professional registration does not automatically establish entry on the EPO list. EU trade mark representation before EUIPO follows Articles 119–120 of Regulation 2017/1001, including rules for parties outside the EEA. Verify the register and requirements of the actual authority. [5] [6]
Scope, signature and the authority on file
An authorisation should identify the principal, representative, matter and permitted acts. For a registered entity, check signatory powers and any joint-signature requirement. A mandate for one application should not be assumed to authorise settlement, transfer of the right or litigation before another body. The procedural mandate and a commercial services contract should be examined separately. [2] [3]
UPRP requires a translation of an authorisation in another language and submission with the representative’s first act. Check the permitted document format and certification of copies. Stamp duty is a separate issue: normally PLN 17 per representation relationship unless an exemption or exclusion applies. Payment evidence does not replace a signed authorisation. [3] [7]
A document workflow and final checks
Editorial example: a Kraków manufacturer intends to file a mechanism and its brand while considering a dispute over a competitor’s earlier trade mark. Keep three control records: patent filing, trade mark filing and potential contentious proceedings. For each, identify the authority, eligibility rule, authorisation scope, signatory and duty payment route. This is an analytical workflow, not a claim about a matter handled by the publisher.
Before submission, compare the party’s name with the relevant register, verify dates, scope and signatures, and retain readable attachments and filing confirmation. A change of representative also requires delivery arrangements and deadlines to be organised. This prevents a substantively sound document from being submitted without demonstrated authority. [2] [3]
Sources and further reading
- 1UPRP — FAQ: reprezentacja w postępowaniu zgłoszeniowym ↗
UPRP FAQ, pytanie ogólne 4
Official source; checked 18 October 2026.
- 2Prawo własności przemysłowej ↗
Dz.U. 2023 poz. 1170 ze zm.; art. 236–240, 255¹, 256
Official source; checked 18 October 2026.
- 3UPRP — zasady reprezentacji stron w postępowaniu spornym ↗
Art. 33 § 1 k.p.a. w zw. z art. 256 ust. 1 p.w.p.
Official source; checked 18 October 2026.
- 4Kodeks postępowania cywilnego — tekst jednolity 2026 ↗
Dz.U. 2026 poz. 468 ze zm.; art. 87² §§ 1–4
Official source; checked 18 October 2026.
- 5EPC — general principles of representation ↗
EPC Article 133; Article 134
Official source; checked 18 October 2026.
- 6EU trade mark regulation ↗
Regulation (EU) 2017/1001, Articles 119–120
Official source; checked 18 October 2026.
- 7UPRP — opłata skarbowa od pełnomocnictwa ↗
17 PLN; zasady od 01.01.2025
Official source; checked 18 October 2026.
Rekel Patent — an intellectual-property information website. Publisher: Vadym Rekel.