(Author: Kacper Warzecha, Legal Counsel. Edited by CT)

Intellectual property (IP) plays a pivotal role in protecting innovations and building a competitive edge. In Poland, companies can leverage various forms of IP protection, including patents for inventions, trade secrets, know-how, copyrights, trademarks, and industrial designs. The choice of protection depends on the nature of the innovation and the company’s business strategy. This article provides a comprehensive guide to securing intellectual property for innovative enterprises.

What Is an Invention and When Can It Be Patented?

Definition of an Invention

To qualify for a patent in Poland, an invention must meet specific criteria under the Industrial Property Law:

• Novelty: The invention must not be known in the relevant technical field prior to the filing date.
• Inventive Step: The solution must not be obvious to a person skilled in the art based on the existing state of technology.
• Industrial Applicability: The invention must be capable of industrial or agricultural application.

Example: An innovative medical device that enhances treatment efficacy could qualify as a patentable invention if it meets these criteria.

When Should You Pursue a Patent?

Advantages of Obtaining a Patent

In Poland, patent law is administered by the Polish Patent Office (Urząd Patentowy Rzeczypospolitej Polskiej, UPRP), which oversees the registration and granting of patents. This body ensures compliance with legal requirements and manages the patent system nationwide.

• Exclusivity: A patent grants the owner exclusive rights to use the invention for 20 years from the filing date, preventing competitors from copying or exploiting it.
• Competitive Advantage: Patents enhance a company’s valuation and appeal to investors, serving as a negotiable asset (e.g., for licensing).
• Protection of Innovations: For inventions with commercial potential and difficult-to-circumvent technology, a patent offers robust safeguarding.

Example: A pharmaceutical company developing a novel drug can use patent protection to secure its R&D investments.

When to Avoid a Patent?

• Fast-Evolving Technologies: In fields like IT or electronics, where technologies become obsolete quickly, the patent process (2-5 years in Poland) may outlast the innovation’s relevance. Trade secrets or know-how might be more suitable.
• Cost and Time: Obtaining a patent involves significant expenses (filing fees, legal costs) and ongoing maintenance fees, with the process often taking years.
• Risk of Disclosure: Filing a patent requires publicly disclosing detailed technical information after 18 months, potentially enabling competitors to design around it.

Example: A startup developing an AI algorithm might opt for know-how protection instead of a patent to avoid revealing its code.

Costs of Obtaining a Patent in Poland (As of March 2025)

Note: Costs are estimated based on 2023 rates from the Polish Patent Office (UP RP), adjusted for potential inflation. Verify current fees with UP RP.

Patent-Related Fees

• Filing Fee: Standard: PLN 550 (PLN 300 for electronic submissions).
• Publication Fee: PLN 90 (for publishing the application after 18 months).
• First-Year Protection Fee: PLN 480 (post-grant).

Source: UP RP Fee Schedule

Annual Maintenance Fees

Fees increase progressively:

• Year 2: PLN 250,
• Year 3: PLN 300,
• Year 4: PLN 350,
• … up to Year 20: approximately PLN 1,950.
  The total cost of maintaining a patent for 20 years may range from PLN 15,000 to PLN 20,000, excluding additional expenses.

Additional Costs

• Patent Attorney Fees: PLN 2,000–10,000, depending on complexity.
• International Filings: Translation and fees for the European Patent Office (EPO) can reach several thousand euros.
  Source: EPO Fees

Alternatives to Patents

Patents aren’t always the optimal choice, especially in fast-paced deeptech sectors like AI, BioTech, or robotics. Below are five key alternatives, each with distinct mechanisms, benefits, and limitations.

1. Trade Secrets

What Is It?
A trade secret encompasses confidential information with economic value due to its secrecy, protected under Poland’s Act on Combating Unfair Competition and the EU Directive 2016/943 (implemented in 2018). Examples include formulas, business strategies, customer data, or production processes.

How It Works:
Protection lasts as long as the information remains confidential, enforced through measures like non-disclosure agreements (NDAs) with employees and partners. No registration is required, unlike patents.

Advantages:

• No Disclosure: The technology stays hidden, making it harder for competitors to replicate.
• Indefinite Duration: Protection persists as long as secrecy is maintained, with no 20-year limit.
• Low Initial Cost: No filing or registration fees are needed.

Disadvantages:

• No Exclusivity: If a competitor independently develops or reverse-engineers the same solution, they can use it legally.
• Enforcement Challenges: Proving a breach (e.g., a leak by an ex-employee) in court requires evidence of confidentiality and value.

Example: Coca-Cola’s formula has been a trade secret for over a century, never patented to avoid disclosure. In deeptech, a startup might protect a predictive AI algorithm as a trade secret.
Source: EU Directive 2016/943, Act on Combating Unfair Competition

2. Know-How

What Is It?
Know-how refers to practical, specialized technical or organizational knowledge that provides a competitive edge and isn’t widely known. It often overlaps with trade secrets but can be shared (e.g., via licensing) and doesn’t always require strict secrecy.

How It Works:
Protection relies on contractual agreements (e.g., licensing or collaboration deals) and internal safeguards. It’s unregistered and focuses on actionable expertise, like optimizing production or configuring technology.

Advantages:

• Flexibility: Can be licensed, sold, or used internally without public disclosure.
• No Formalities: Avoids registration costs and delays.
• Collaboration-Friendly: Ideal for partnerships, such as between startups and investors.

Disadvantages:

• No Exclusivity: Offers no legal barrier to independent discovery by others.
• Secrecy-Dependent: Loses effectiveness if the knowledge leaks without additional safeguards.

Example: A robotics company might protect know-how on software calibration as a competitive advantage, sharing it only with key partners under NDA. In deeptech, unique AI model training methods could be safeguarded as know-how.
Source: UP RP know-how

3. Copyright

What Is It?
Copyright protects original creative works with individual character, such as literature, music, films, graphics, or software source code, under Poland’s Copyright and Related Rights Act of 1994.

How It Works:
Protection is automatic upon creation – no registration is needed. It lasts for the creator’s lifetime plus 70 years, making it one of the longest IP protections.

Advantages:

• Automatic: No applications or fees required.
• Long Duration: Suits content with enduring value, like software.
• Broad Scope: Covers code, documentation, and marketing materials.

Disadvantages:

• Form-Only Protection: Safeguards the expression (e.g., code), not the underlying idea or functionality (e.g., an algorithm).
• Limited in Deeptech: Doesn’t protect technical innovations, only creative outputs.

Example: A startup developing an AI app can copyright its user interface and source code, but the algorithm itself needs a patent or trade secret protection.
Source: Copyright and Related Rights Act

4. Trademarks

What Is It?
A trademark is a distinctive sign (e.g., logo, name, slogan) identifying a company’s goods or services, registered with the Polish Patent Office (UPRP) or internationally (e.g., via EUIPO).

How It Works:
Once registered, protection lasts 10 years, renewable indefinitely. It prevents others in the same industry from using similar identifiers.

Advantages:

• Brand Protection: Shields identity from imitation, enhancing recognition.
• Long-Term Value: Can be renewed forever and monetized (e.g., licensing).
• Business Asset: Adds tangible value to the company.

Disadvantages:

• Identity-Only: Doesn’t protect technology or products, only branding.
• Registration Costs: Approximately PLN 450 per class of goods/services in Poland (2023 rates).

Example: New startup could trademark its logo and name to protect its brand, though its technologies would need separate IP safeguards.
Source: UP RP – Trademarks

5. Industrial Designs

What Is It?
An industrial design protects a product’s external appearance – its shape, color, texture, or ornamentation – registered with the UPRP for up to 25 years (initial 5 years, renewable 4 times).

How It Works:
Requires registration but is faster and cheaper than a patent (typically 6-12 months). It covers aesthetics, not functionality.

Advantages:

• Speed: Quicker to obtain than a patent.
• Visual Protection: Perfect for products with unique designs.
• Cost-Effective: Filing costs around PLN 150 + PLN 300 for 5 years (2023).

Disadvantages:

• No Technical Protection: Functionality requires a patent or other IP form.
• Time Limit: Maximum 25 years, unlike indefinite trade secrets.

Example: A medical robotics firm might protect its device’s casing design as an industrial design, while securing its mechanics with a patent or trade secret.
Source: UP RP – Industrial Designs

Comparison of Alternatives to Patents in Poland

Protection Type	Registration Required	Duration	Scope of Protection	Costs
Patent	Yes	20 years	Technical solutions	High (thousands PLN)
Trade Secret	No	Indefinite (if secret)	Confidential information	Low
Know-How	No	Indefinite (if secret)	Practical knowledge	Low
Copyright	No	Lifetime + 70 years	Creative works	None
Trademark	Yes	10 years (renewable)	Brand identifiers	Moderate
Industrial Design	Yes	Up to 25 years	Product appearance	Low to moderate