– Industrial Property Law of June 30, 2000 (uniform text of June 22, 2023).
– Prime Ministerial Decree of October 19, 2001, August 29 and 30, 2001.

– See under “Patents of Invention“.

Applicant: the inventor or joint inventors or his/their legal successors. The rights to registration of a topography conceived as a result of employment contract or implementation of an order belongs to the employer or the customer, if it was not agreed otherwise.

Foreigners and Protection of foreigners: see under “Patents of Invention“.

Definition: by a topography of an integrated circuit is understood any solution consisting of a three-dimensional arrangement of elements, however expressed, at least one of which is an active element, and of all or some interconnections in an integrated circuit. An integrated circuit shall mean any three-dimensional product having one or more layers, composed of elements of semiconducting material forming a continuous layer, and of conducting interconnections and insulating spaces, inseparably interconnected, intended to perform electronic functions.

Registrable: a topography may be registered, if it is original, i.e. if it is a result of an inventor’s intellectual work, and is not commonly used for commercial purposes for more than two years before the date of filing. It may have been used for trade purposes provided that the application is filed within two years of its first trade use.

Not registrable: a right in topography registration may not be granted, if the topography has not been commercially exploited within a period of fifteen years from its fixation or encoding in any form.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney;
2. Assignment of right (if the applicant is not the inventor);
3. Topography identifying material in the form of drawings or photography for: (a) manufacturing of the integrated circuit; (b) mask or fragment of mask for manufacturing of the integrated circuit; (c) layers of integrated circuit. It may be coded on data carrier, e.g. floppy disk, and in case of using the topography before filing date, also a product containing the said topography;
4. Statement relating to the date of first introduction of the topography to the market, if this fact took place before filing an application, giving, among others, a verbal technical determination of the electronic function of the topography, groups of goods in which said topography is used and the date of a contract under which the topography was introduced into the market. After filing, no changes may be introduced to the topography;
5. In the application a verbal technical determination of the electronic function of the topography should be given.

Examination: as to the form. Reconsideration of the issued official action and decisions by the Patent Office, as well as complaints and appeals to the Vojevodship Administrative Court in Warsaw -see under “Patents of Invention“.

Registration: registration is confirmed by a document.

Publication: information concerning registration of the topography are published in the Patent Office Journal “Wiadomosci Urzedu Patentowego”.

Duration of protection: the protection of a topography expires at the latest ten years from the end of the year of the first trade use thereof or from the end of the year of filing application with the Patent Office, depending on which term expires earlier. The right in topography registration shall also terminate fifteen years from its creation or fixing, if that period expires before the expiry of a period for which the right in registration has been granted and the topography has not been exploited for commercial purposes during that time.

Annuities: for the first protection period – payable within three months from the date of delivery of the decision to grant protection. For the second period of protection – payable before the expiry of the last day of previous period of protection (extendible up to six months with a surcharge of 30%).

Marking: allowed by inserting the mark T (letter T in a circle).

Revocation: is permitted, wholly or in part, in a litigation proceeding, by the Patent Office.

License for exploitation: the owner of the registered topography may conclude license agreement (written form required) to use his topography. Sub-licenses are allowed, but only with written allowance of the owner of the topography.

Right of prior user: anyone who, before filing an application for registration of the topography or before the first introduction of the topography to the market, used the topography in Poland or prepared substantial facilities to use the topography may continue using it in his enterprise in the same scope. On the request of an interested person, this right can be entered in the Register of Topographies.

Opposition to granted registration: registration of the topography may be annulled on request in litigation proceeding if there were no legal conditions required to obtain a registration.

Compulsory license: the Patent Office may decide in a litigation proceeding to grant a compulsory license -see under “Patents of Invention“. A compulsory license cannot be exclusive.

Expropriation: not foreseen by the law.

Nullification: see “Opposition to granted registration” above.

Validation of invalidated registrations: not possible.

Infringement: same as for “patents“.