What is deferred publication?

Normally, applications for registered design protection are published as part of the filing process. Publication of the registered design is important because it allows third parties to see details of the design being registered, including the design drawings. Registered designs in UK and the EU are normally published shortly after filing. If the design(s) are publicly available for inspection, they could form prior art for any subsequent patent filings. Publication of registered designs also reduces uncertainty for any third parties who are looking at the scope of the registered designs.

It is possible to request to defer publication (sometimes referred to as deferring registration) of a registered design application in several countries (including UK and Europe, as well as in International Designs under the Hague Agreement). The maximum period of deferment in UK Registered Designs and Hague Agreement Registered Designs is 12 months from the filing date, though this can be up to 30 months from the earliest priority date for European Community Registered Designs.

There are additional fees to pay to request to defer publication, and this leads to a requirement to later request publication and pay publication fees by a deadline, but it can be a valuable strategy to take in a number of circumstances.

Top tip: 1 If you may wish to obtain a patent for a product then it is critical to avoid disclosure of the product prior to filing a patent application. Publication of a registered design counts as public disclosure. Accordingly, if you file an application for a registered design for a product for which you may wish to obtain a patent, it would be critical to request deferred publication.

Top tip: 2 If you are filing a multiple design application, including multiple design applications relating to the same design, consider deferring publication for at least one of the designs so that competitors are unable to fully consider the scope of your designs until after all of your designs have been published.