Is your design a trendsetter? Are you also in the process of developing a new production process for your design?
You can defer publication of your design for up to a maximum of 30 months from the first filing date. This way, your design application remains unpublished for the time being and subsequently a secret.
This buys you time:
- to meticulously plan your market entry
- to carefully develop the production of your design
- to apply for a patent if it is a new manufacturing process without your published design revealing any details in advance
- to decide at a later date which designs you want to publish from a multiple application
By deferring publication, however, you risk that someone else may use your design during the deferment period – without knowing about your registration, i.e. they use it in good faith. They can even continue to do so once the design has been published.
You must file an application for deferment of publication (point 7) when you apply to register your design.
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