Protection abroad: separate routes for different rights

Stages of the procedure

1. 01

   Markets and priority planning

   Select manufacturing, sales and licensing countries and check earlier applications and disclosures. Budget for translations, local representatives, examination, maintenance and possible disputes as well as filing. Priority and subsequent-phase time limits must be established separately for each route.

2. 02

   EU or European applications

   EU trade marks and designs concern the relevant rights across the European Union. A European patent is granted through EPO proceedings, with post-grant effects planned separately, including validation or available unitary effect. Poland is outside the operational Unitary Patent and UPC system. European-patent protection in Poland remains possible when the applicable requirements are met.

3. 03

   International systems and designated offices

   PCT streamlines filing, but national or regional offices decide whether to grant patents. The Madrid System concerns trade marks and relies on a basic mark; the Hague System concerns designs. An international registration does not remove the possibility of refusal in individual designated territories.

4. 04

   Representation, maintenance and enforcement

   Polish patent-attorney status does not automatically confer EPO professional-representative status. EUIPO has its own eligibility criteria, while UPC representation requires separate qualifications. After protection is obtained, local status, fees and remedies still need monitoring. An international dispute additionally requires assessment of jurisdiction and applicable law.