Stages of the procedure
- 01
Identify the appearance and disclosure dates
Review prototypes, catalogues, websites, trade fairs and initial sales. Identify which appearance needs protection and whether the applicant owns the relevant rights. Any exception concerning earlier disclosure must be assessed under the particular system rather than assuming that publication has no legal effect.
- 02
Search and choose territories
Searches for earlier designs help assess novelty and individual character. The choice between national, EU and Hague applications depends on markets, costs and the intended disclosure of the product. A new appearance should not automatically be treated as a new technical solution.
- 03
Prepare the design representation
Drawings, photographs or computer-generated views should present the product consistently. The compatibility of views, background and visible features can matter. Documents must meet the chosen office’s requirements; a written description cannot freely supply visual features missing from the illustrations.
- 04
Registration and subsequent scrutiny
Proper filing leads to examination within the scope prescribed for that procedure. A registration does not mean that every possible invalidity ground has been conclusively excluded. Afterwards, rights holders monitor the market, protection periods, ownership records and evidence needed to compare competing products. Any enforcement assessment must consider the relevant legal test and scope of protection.
Risks and decision points
- Inconsistent illustrations can make the subject matter of protection unclear.
- Earlier disclosure or lack of individual character may expose the right to challenge.
- A design registration protects appearance within defined limits, rather than every feature of the product.
Legal basis and sources
UPRP national procedure
Polish Industrial Property Law, Article 108
Dz.U. 2023 item 1170, as amended; Articles 102–108, 117–118
Regulation (EU) 2026/715; Articles 5–8, 42, 115–116, 163–164