12 Month Grace Period

Michael Coyle
March 6, 2008

If a designer discloses his design he has a 12-months in which to apply for registration of the design (section 1B(6)(c) and (d), RDA). This grace period (a concept well known abroad) gives the designer time to exhibit and market his design to test the reaction to his design. However, if during the 12-month period a third party makes a same or a similar unconnected disclosure before the designer has applied for registration of his design, the designer’s application may be refused. This risk may be avoided by making an application for registration as soon as possible after disclosure of the design. The 2006 Order has further reduced this risk by allowing all applicants the option of delaying publication and therefore registration of their designs for up to 12 months. This will minimise the possibility of copying as official publication can be arranged to coincide with the launch and marketing of the product.

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Written By:

Michael Coyle

Michael is Lawdit’s Principal and heads our Commercial and Intellectual Property Department. As a Solicitor Advocate, he is one of a select group of legal experts qualified to represent clients as an advocate in the Higher Courts in England and Wales. He holds a Master of Laws degree (LL.M) from Nottingham Trent University and is a guest lecturer at Southampton Solent University. He has also completed a teaching stint at the Academy of Music in Guildford where Michael taught copyright law. Michael is highly regarded for his work in all areas of intellectual property law (which includes the eCommerce and IT fields), litigation and company/commercial matters. He regularly advises on non-contentious issues including regulatory and statutory obligations and has been involved in many successful disputes, with a strong reputation for finding common sense and practical solutions for clients. In 2017, Michael was awarded the honorary degree of Doctor of Law from Southampton Solent University for his contribution to the University and his continued support to its students.