The design grant procedure, the customary procedures

Priority period

This is a six-month period as from the date at which your design protection application was first filed, often for your country or for the EU. Within this period you can apply for design protection in other countries or regions, wherein it is sufficient if the requirement of novelty of the design is fulfilled on the priority date.

Registration procedure

This is a procedure that must be followed between the filing of an application and the registration of a design. It often consists of an official investigation by the authorities in which the application is assessed (e.g. with respect to earlier third-party rights and formal registration requirements). If the trademark meets those requirements, it is published, after which third parties have a specified time to oppose the registration of the design. This period depends on the provisions in the country or region in question; in Poland it is 6 months.

Design registration

After assessment and publication, and at the end of the opposition period, the design is recorded in a suitable register. The registration is valid for a period of five years from the date at which the application was filed. No annuities will be due.

Renewal

A design has an initial term of validity of five years from the date at which the application was filed, after which the registration can be extended for four further periods of five years each by paying a renewal fee. The maximum term of design protection is 25 years.

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