Renewing a registered design

If a design owner fails to renew their design on time registration of the design will expire. However, the owner of the design can still apply to renew the design within 6 months of the expiry of the renewal date.

If the owner of the design applies to renew the design within one month of the renewal date then no additional fee is payable. However, an additional fee is payable upon the application to renew a design whether the application is made after the expiry of the one month period. Up to date information on the fee payable and how payment can be made can be obtained from the Intellectual Property Office or found on their website.

If an owner of a design fails to renew their design within 6 months of the expiry of the renewal date they can apply for the design to be restored if the design was registered on or after 1 August 1989 provided that they do so within 6 months (i.e. within 12 months of the renewal date). Designs registered before 1 August 1989 cannot be restored.

An application for restoration of a design is made by completing and sending to the Intellectual Property Office form DF29, a statement explaining why the design owner failed to renew their design together with the application fee. Form DF29 can be obtained from the Intellectual Property Office or can be downloaded from their website and up to date information on the fees payable and how payment can be made can be obtained from the Intellectual Property Office or found on their website.

The Intellectual Property Office will place a notice of the application for restoration of the design in the Patents and Designs Journal.

If the Intellectual Property Office is satisfied that the failure to renew the design was unintentional it will invite the owner of the design to apply to renew the design in the normal way (i.e. by submitting forms DF9A and FS2 together with the renewal fee). If the owner of the design applies to renew the design the Intellectual Property Office will renew the design and place a notice in the Patents and Designs Journal stating that the design has been renewed.

If the Intellectual Property Office is not satisfied with the reasons provided by the owner of the design as to why they failed to renew their design the Intellectual Property Office will write to the owner of the design explaining why the reasons provided are unacceptable. The owner of the design will then have the opportunity to request a hearing within 2 months at which they will have the opportunity to may representations as to why the design should be restored.

If the owner of the design fails to request a hearing within 2 months the application for restoration of the design will be refused. If the application is refused the Intellectual Property Office will place a notice in the Patents and Designs Journal to that effect.