Explanatory note

(This note is not part of the Rules)

These Rules revoke and replace with modifications the Designs Rules 1984, as amended. Some of the modifications are consequent on the amendment of the Registered Designs Act 1949 (“the 1949 Act”) by the Copyright, Designs and Patents Act 1988. The majority of the rules contained in the 1984 Rules have been modified to a greater or lesser extent and the order of some of those rules has been changed. The principal modifications are–

(a)

provision is made for the filing of forms which contain the information required by the Forms set out in Schedule 1 to these Rules but are not replicas of those Forms (rule 4);

(b)

specific provision is made for the signature of documents by unincorporated bodies or associations other than firms (rule 6);

(c)

new provisions are included relating to the positioning of the statement of novelty on representations and specimens of designs (rule 15(2));

(d)

the number of representations or specimens of a design required to be furnished to the registrar on an application for registration is increased (rules 17 and 18);

(e)

a single, standard certificate of registration of a design is introduced (rule 32 and Schedule 2);

(f)

provision is made for the issue by the registrar of copies of certificates of registration of designs in additional circumstances (rule 33);

(g)

new provisions are included relating to when designs are to be regarded as “new” (rules 34 and 35);

(h)

new provisions are included relating to the extension of the duration of the rights in registered designs, including provision for the sending of “reminders” by the registrar and for the restoration of lapsed rights (rules 38 to 41);

(i)

the requirement to produce to the registrar the originals of deeds of assignment or mortgage and various other documents relating to dealings in rights in registered designs is removed;

(j)

a request for the alteration or correction of an address or address for service is now required to be made in writing but not on a specific Form (rule 46);

(k)

a request under section 21 of the 1949 Act for the correction of an error can now be made by any “person interested” and not just by an applicant for the registration, or the registered proprietor, of a design (rule 47);

(l)

the requirement that a party wishing to be heard by the registrar in proceedings for a compulsory licence under section 10 of the 1949 Act or for the cancellation of the registration of a design under section 11(2) or (3) of the 1949 Act must file a Form is replaced by a requirement that he must give notice in writing to the registrar (rule 57(2));

(m)

provision is made for the making of applications to settle the terms of licences of right (rule 59);

(n)

as a consequence of the amendment of section 30 of the 1949 Act provision for the awarding of costs by the registrar and the requiring of security for costs is now made in the Rules rather than in the 1949 Act (rules 60 and 61);

(o)

as a consequence of the amendment of section 31 of the 1949 Act certain provisions relating to evidence in proceedings before the registrar are now contained in the Rules rather than in the 1949 Act (rule 62);

(p)

provision is made for the appointment by the registrar of advisers to assist him in proceedings before him (rule 66);

(q)

provision is made for the inspection of the register and other material by the public (rule 67);

(r)

the circumstances in which time periods for filing documents can be extended are expanded (rule 76);

(s)

certain Forms have been amalgamated to produce Forms 2A, 9A, 12A and 25A; Forms 29, 30 and 31 are introduced (Schedule 1).

Fees and the address of the Patent Office are prescribed in separate sets of rules.