Can I register a design that has already been published or marketed?

THE GRACE PERIOD

The “grace period” is a 12-month period given to owners of a new design to file the application for registration.

This period elapses between the first disclosure of the new design and the filing of the application for registration: it allows companies to test the success of their design in the market for about one year before applying for registration.

This possibility should be considered with extreme caution, remembering that any disclosure not governed by confidentiality agreements implies a risk for uncontrolled disclosures and potentially risky and competitive behaviour, also possibly invalidating the novelty (if not made by the author), then requiring legal action to regain possession of the IP title.

The grace period is not valid in all countries.