Trade secrets are one of the factors that can determine an entity’s economic strength. Such strength may also be determined by exclusive rights to industrial property rights, such as trade marks, granted by the Polish Patent Office pursuant to the provisions of the Act of 30 June 2000, Industrial Property Law. This article attempts to answer the question of whether, and if so to what extent, there is a need to introduce regulations concerning the protection of trade secrets in proceedings before the Patent Office, where proof of trade mark use is required. To this end, the most important provisions of the Draft Act of 8 September 2025 amending the Industrial Property Law Act will be analysed; this draft aims to introduce regulations on the protection of trade secrets in proceedings before the Polish Patent Office where the subject matter is the demonstration of trade mark use. In this context, the provisions governing access to case files, including those protecting trade secrets, applicable in proceedings before the European Union Intellectual Property Office will be analysed.