Deferred publication of your design

Why might I need to defer publication?

When a design is registered, it is published - and therefore publicly disclosed - on our website. If the design representations show a feature for which you are also seeking patent protection, the disclosure may affect the validity of that patent. Alternatively, you may simply want to spend more time developing and marketing your product before launching it publicly.

In such circumstances, deferred publication allows you to make an application and get a filing date but without immediately disclosing your design to the public. On deferment, you then have up to 12 months to give us permission to register and publish your design, with the effective date of registration going back to the original date of filing.

How do I request deferral?

To request deferred publication, state "No" in Box G of Form DF2A when you apply. When you are ready for the design to be registered and published, you will need to send us a Form DF2C and publication fee. You must send us this form and fee within 12 months of your original filing date otherwise the application will be abandoned. Please note that this period cannot be extended for any reason.

The fees for deferred applications are different than for an application which will proceed to publication immediately