We have become aware that, since the introduction of our digital service for designs in September 2016, we have recorded the incorrect filing date for most:
- design applications (without a priority claim) received on a Saturday afternoon after 1pm, Sunday or bank holiday; and
- design applications (with a priority claim) received on a Saturday, Sunday or bank holiday
The vast majority of designs are unaffected because they were not received at these times. However, according to designs legislation these times were outside of our hours of business. This means that most applications received at these times are legally considered to have been filed on the next working day. Their registration and renewal dates, which are calculated from the filing dates, are also legally considered to be a similar number of days later than had been recorded.
We intend to update all affected designs so that our register shows the legally correct dates. Before making these changes we will write to the owners of affected designs (or their representative) to let them know of our planned corrections. We aim to write to all affected customers within 12 weeks of this notice.
Opportunity to object
To make these corrections we will use the process set out at section 21 of the Registered Designs Act 1949. Under this process, owners of registered designs, and others who have an interest, may request a hearing if they do not think the register should be corrected. We will offer this opportunity when we write to the owners of affected designs (or their representative).
If you have an interest in a registered design that you think might be affected and are not its owner, then you must contact us by 13 April 2022 if you object to the corrections being made and would like a hearing. A hearing is a formal process where you would be given the opportunity to explain your case to a senior official known as a Hearing Officer. The Hearing Officer is trained to be impartial and to look at all sides of the argument before coming to a decision.
When the corrections will be made
We will start making these corrections soon after the above deadline. We expect this process will take several weeks and will update this notice once we have finished. The corrected dates will be visible on our Find a registered design service.
Please note that we have updated our opening times so that we are now open at more times.
We are very sorry for recording the incorrect dates on these designs and any inconvenience this may cause. If you have any queries regarding this matter, please contact us: [email protected].
https://www.gov.uk/government/news/corrections-to-the-designs-register-under-section-21
Content Reproduced verbatim from the Website of the United Kingdom Intellectual Property Office (UKIPO) as permitted under their Terms of Use.