Filing of industrial designs – consequences of inconsistency

Preparing to file an industrial design application in Poland or the EU? Remember to be consistent in all the graphics you attach to your application! Even a minor difference (e.g., making visible a feature that is not included in the other graphics) may result in difficulties in the registration procedure, especially in the case of an EU application. ☑ [EU PROCEDURE]. In this case, in the EU procedure, the Office calls for: completely remove from the application graphics that are inconsistent with the other accompanying illustrations – which may result in the loss of significant visualization of the design or declare that the inconsistent graphic is an additional variation (variant) of the design – resulting in the payment of an additional fee. Remember that once you have made a declaration, it is no longer possible to replace the graphic with another – you only have the two options indicated above. [NATIONAL PROCEDURE]. In the national procedure, the Office is likely to call for clarification of discrepancies between the illustrations or suggest registration of the inconsistent graphic as an additional design variation. In this case, it’s less severe than in the EU procedure, as up to 10 design variations can be filed in Poland without additional fees. Inconsistencies between the attached graphics are not only additional work on the part of the applicant, but also prolong the registration process. In the EU procedure, a properly filed design will be registered even in a few days. Any ambiguity, however, will lead to a protracted process.