Consultation on patenting industrial designs

Patenting industrial designs – legal advice

Patenting industrial designs is one of the most important ways to protect product designs on the market. It allows the owner to secure the unique appearance of the product and legally counteract copying by competitors. Consulting with an experienced lawyer will help you understand the requirements of the law, assess the real chances of obtaining a patent, and avoid common mistakes when preparing an application.

Analysis of patenting opportunities and industrial design objects

The lawyer begins the consultation with a thorough study of your idea or finished product to determine whether it meets the criteria for protectability — novelty, individual character, and suitability for industrial reproduction. At this stage, an overall vision of the protection strategy is also formed.

Before moving on to practical recommendations, the specialist clarifies the market, competition and potential commercial value of the future patent. After that, a structured list of key aspects is provided.

Thus, the assessment of an industrial design includes:

• preliminary analysis of compliance with protection criteria;
• determination of the likelihood of conflict with existing registered designs;
• assessment of the feasibility of patenting in Poland or other countries;
• formulation of recommendations regarding the scope of future legal protection.

After working through these elements, the client gains a basic understanding of whether it is worth investing in the patenting procedure and which path is best to take.

Search for analogues and preliminary legal examination

Another important stage of the consultation is a preliminary search for similar industrial designs. This minimises the risk of rejection and allows for an objective assessment of the prospects of the future application.

What does the legal examination include:

• search for analogues in Polish and EU registers;
• determination of the degree of similarity with existing designs;
• assessment of the risk of refusal of registration;
• recommendations for design adjustments to improve protectability.

Such an analysis makes it possible to prepare for further action, make decisions on patent strategy, and avoid unnecessary costs.

Recommendations for preparing application materials and further actions

The final part of the consultation is devoted to practical recommendations: legal, technical and strategic. The lawyer explains how to properly prepare images, descriptions, drawings and other documents so that the application is complete and complies with the requirements of the law.

Before making recommendations, the specialist clarifies possible scenarios: whether the client plans to enter foreign markets, whether an international application will be required, and what deadlines and budget are priorities.

Advice usually provided to the client:

1. requirements for preparing industrial design images;
2. recommendations on the scope of protection (number of variants, design elements);
3. possible registration routes — national, international (Hague system);
4. deadlines, risks and further steps after filing the application.

The recommendations received help the client move confidently towards registration and anticipate possible difficulties.