Utility Models

– Industrial Property Law of June 30, 2000 (uniform text of June 22, 2023).
– Regulation of the Prime Minister of September 17, 2001, as amended.

Membership in International Conventions

– See under “Patents of Invention“.

Filing

Applicant: same as for “patents“.

Foreigners and nationals not living in the country: same as for “patents“.

Notion: any new and suitable for industrial application solution of a technical nature affecting the shape or construction of an object having a permanent form or an object consisting of functionally combined parts having permanent forms. The requirement of the permanent form of a product is satisfied if the product is defined in a space by reproducible elements being in constant dimension ratios. The requirement of the permanent form of a product is also satisfied if a product form is changed to apply it according to its intentional use. The difference between an invention and a utility model lies in that with regard to utility model an inventive step is not required, but novelty and usefulness. A utility model application may relate to one solution only (only one independent claim is allowed) but the application may comprise various variants of the solution, representing the same essential technical features. 

Novelty: examination as for “patents“.

Exception to protection: same as for “patents.

Priority: same as for “patents“. Territory covered: Poland.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (not legalized);
2. Description, claims and abstract in Polish, English, French, German or Russian;
3. Drawings (absolutely necessary);
4. Priority document, as for “patents“.

Examination

Amendment of application: same as for “patents“.

Examination: as to form and novelty.

Alterations: same as for “patents“.

Application kept secret: yes.

Provisional registration: not provided for.

Opposition – corrections – publication: same as for “patents“.

Granting

Beginning of protection: date of application.

Duration – extension: the ownership and the exclusive right of a model is confirmed by the issue of a decision granting the right of protection for ten years, valid after payment of the first or accumulated annuity.

Annuities: first annuity payable for 1-3 years, then for 4-5 years, 6-8 years and 9-10 years respectively.

Renewal: must be renewed for the next period of protection before the expiration of the previous period of protection; if the payment is delayed (up to six months), a surcharge of 30% is due.

Marking of registered goods: not required; usual marking: Nr. Rej … .

Working: same as for “patents“.

Assignment: same as for “patents“.

License: same as for “patents“.

Modification of Protection after Granting

Right of prior user: same as for “patents“.

Opposition to granted utility models: same as for “patents“.

Compulsory licenses: same as for “patents“.

Expropriation: not foreseen by law.

Nullification: same as for “patents“.

Validation: same as for “patents“.

Infringement: same as for “patents“.

Publication of granted utility model specifications: same as for "patents".