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.
