Design Disclosure and Grace Periods: Guide for Designers

When considering the public disclosure of a new design—whether through social media, exhibitions, or other avenues—timing is very important for securing your design rights. In the UK and EU, designers benefit from a 12-month grace period. This allows for the public disclosure of a design without affecting the ability to apply for official registration. During this period, you can evaluate market interest, obtain feedback, and ultimately decide whether to pursue formal registration of a particular design.

It is important to note that not every jurisdiction offers a grace period. In regions without such provisions, the act of disclosing your design—regardless of how minor—can preclude the possibility of securing registered design rights. Therefore, it is advisable for designers to refrain from public disclosure of their designs before filing applications for registration.

Priority Period and International Design Applications

If you consider registering your designs in multiple jurisdictions, the UK and EU provide a six-month priority period. This allows designers who have filed an initial application in the UK or EU to seek protection in other jurisdictions within six months while maintaining the filing date of the original application.

Disclosure: Public vs. Confidential

It is important to understand what constitutes a “disclosure”. A disclosure refers to making a design available to the public through publications, commercial use, or other means. However, confidential disclosures, made through non-disclosure agreements or under similar conditions, do not qualify as public disclosures and therefore do not affect the design’s novelty.

Caution is particularly important with public disclosures on social media. In a recent case involving Puma, images posted by Rihanna on social media were deemed a public disclosure, complicating Puma’s efforts to secure protection for their shoe design.

Tips for Designers

1. It is advisable to keep your design details confidential until you have filed your application. This is especially important when considering protection in jurisdictions that do not offer grace periods.
2. If you do disclose your design, ensure that your application is submitted within the 12-month grace period.
3. While social media can be an effective marketing tool, it can also inadvertently affect your design rights, so be cautious with design disclosures on social media.

If you have any questions or require assistance with design registration, please drop us an email or give us a call and we will be happy to arrange a free consultation with one of our specialist IP lawyers.