A patent attorney is a profession with over a hundred years of tradition in Poland, which plays a key role in the protection of intellectual property. In this article, we will tell you who a patent attorney is, what their tasks are, and how they can help entrepreneurs successfully apply for patents, registration of industrial designs, and protection of trademarks.
In Poland, a patent attorney is a professional representative who provides clients with legal and technical assistance in matters of industrial property. In addition to patent advice and assistance in the field of trademarks and designs, a Polish patent attorney also supports clients in combating unfair competition. They can also advise on copyright law.
In fact, a patent attorney is not in charge of patents only. S/he is in charge of all the intellectual property matters. A better suited title would read: Intellectual Proprty attorney or Patent, Trademark and Design attorney.
An IP attorney may have completed technical studies – for example, at the Patentbox IP law firm, two patent attorneys are masters of engineering (industrial architecture and electro-automatics). Such education is very useful when conducting patent research, preparing descriptions and conducting proceedings before the patent office.
On the Patentbox’s team there is also an IP attorney with a law degree, but they do not have the title of patent lawyer – they also use the title “patent attorney”.
A patent attorney performs a profession of public trust and is covered – like an attorney or legal adviser – by professional secrecy. Just as attorneys-at-law have “attorney-at-law privilege”, so do patent attorneys.
A person with a higher education who completes a 3-year apprenticeship (organised by the Polish Bar of patent attorneys) and passes a state exam in legal and technical issues can become a Polish patent attorney. Technical education is particularly useful because the attorney can conduct research, prepare descriptions and file invention applications.
They can deal with obtaining and maintaining protection of trademarks, industrial and utility models and inventions. They draft patent applications, run patent searches and deal with patent prosecutions before patent offices.
In Poland, patent attorneys are also in charge of trademark and design protection. They run trademark seaches and are in charge of trademark and design prosecution before the intellectual property offices.
Patent attorneys would also advise on unfair competition and copyright matters. They would draft intellectual property license or transfer agreements.
A Polish patent attorney can represent their clients before the Polish Patent Office, the EUIPO in Alicante and the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva, as well as before Polish common courts in cases related to copyright, unfair competition and protection of industrial property.
Thanks to the specialist knowledge and experience of a patent attorney, a patent law firm’s client can be sure that their case would be handled professionally.
If you need an assistance of a patent attorney, feel free to ask!