Section 1B (Part 2)

Question 1

What sorts of things count as a disclosure?

Answer 1

Publication, exhibition, use in trade, etc. before priority date or filing date

Question 2

When is a disclosure not counted?

Answer 2

A) If the disclosure would not reasonably have become known in normal course if business within EEA in the specialist sector of the design
B) disclosed in confidence
C) disclosed by design or by anyone given, entitled to or abusing information from the designer within 12 months prior to application/priority date

Question 3

What is special about the 12 month grace period for designs?

Answer 3

It protects voluntary disclosure by designer or someone else who has been given the design/entitled to design.

Question 4

What is the risk of using the grace period?

Answer 4

Third party may independently disclose and even register design first.