CHANGES TO THE UK REGISTERED DESIGNS ACT and RULES
AS OF 1 OCTOBER 2006
The main changes are:
• Ending the examination of new applications on grounds of novelty and individual character
• Allowing multiple design applications
• Ending the ability to withhold some registered designs from public inspection
However, applicants will now have the option of delaying publication and registration of their design for up to 12 months.
On application, applicants can consent to the publication and registration of the design(s). If they do not consent then this will defer publication and registration of the design(s). They will then have a period of up to 12 months from the date of filing to give their consent to publication on Form DF2C and pay the fees.
• Restoration of lapsed designs
Changes to make it easier for a proprietor to restore a registration that he has allowed to lapse due to the non payment of the renewal fee.
Under the new system, if the applicant for restoration is able to state on the application form that the failure to pay the renewal fee on time was unintentional, then he is unlikely to be asked to show any evidence to support his case.
This differs from the current system where restoration should only be granted where the proprietor can show with evidence that the failure to renew the registration occurred despite him having taken reasonable steps to extend the protection.
• Simplification of the application procedure
- Simplified and modernised forms:
- Requirements in the existing rules such as two sets of representations, and text on representations such as page numbering and name of applicant, will have been removed
- The Registrar will grant the filing date if the applicant has not yet prepared paper representations of the design and can only file a specimen.
- When an objection is raised by the Registrar, the applicant will have 2 months (extendable) to make representations, otherwise the Registrar will proceed to make a decision on the case.
- Counterstatements: now to be filed on new Form DF19B, and a new consequence for not filing a counterstatement is that the registrar may treat the registered proprietor as not opposing the application.
- Provision for the public inspection of documents
• Fees
Single application with no request to defer publication = £60.
- If deferment of publication is requested then the applicant need only pay £40 at the application stage, but a further £40 will be required when publication is requested.
The fee for the second and any subsequent design = £40.
- If deferment of publication is requested then the applicant need only pay £20 at the application stage for the second and any subsequent design, but when publication is requested the applicant will need to pay the £20 publication fee and an extra £20 deferment fee for each design.
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