Intellectual Property Office consultation on UK designs framework – Law Society response

The proposals

The IPO is consulting on several key proposals.

The government aims to combat bad faith filings by proposing measures to address anti-competitive design applications, including designs that already exist elsewhere being registered in the UK by entities that are not economically linked to the creator.

The measures being considered include:

• introducing limited searching powers for the IPO
• using artificial intelligence tools to identify identical designs
• a two-stage examination system

The government also proposes introducing an 18-month deferment period for design publication, as well as amending definitions of 'product' and 'design' to better accommodate graphical user interfaces (GUIs) and animated designs, similar to recent EU reforms.

The consultation sets out several proposals to tackle unregistered designs, ranging from maintaining the current system to consolidating the supplementary unregistered design (SUD) and UK unregistered design right (UDR) frameworks.

It further explores whether criminal offences should be introduced for infringement of unregistered designs.

Our view

We welcomed many of these proposals, including the introduction of an explicit bad faith provision for designs, amending definitions to accommodate GUIs and animated designs, and limited IPO search and examination powers – though used only sparingly where the IPO has reason to believe a design clearly lacks novelty.

We support introducing a deferment period as well, though this should align the UK's deferment period with the EU's 30-month term rather than the proposed 18 months.

The disparity between UK and EU deferment deadlines creates unnecessary complications. Businesses will be forced to withdraw UK applications and refile later, resulting in additional costs and administrative burden.

In support of simplifying the design protection regime, we advocate for combining the three-year SUD with the 10 to 15-year UDR, with a duration of around seven to 10 years.

However, we oppose measures that would potentially slow down the registration process, such as the introduction of opposition or observation periods and routine searching of all design applications.

We suggest that the government creates expedited and low-cost IPO post-registration invalidity proceedings for clear cases or bad faith.

Regarding criminal offences, we are not in favour of introducing criminal offences for unregistered design infringement, given the complexity of these rights. We also question whether criminal sanctions should continue for registered designs.

While the IPLC and IPLA support reform, we recommend that the government undertake a thorough independent review, along the lines of the Hargreaves review of intellectual property and growth, to make sure all aspects of the design system fit together coherently.

The government should aim to preserve the clarity, speed and low costs of the design rights system, which are core benefits particularly for small and medium-sized enterprises.

Any reforms must make sure the UK remains compliant with international obligations, including the Riyadh Design Law Treaty. Where possible, they should also maintain harmony with the EU regime to benefit UK designers who monetise designs internationally.

What this means for solicitors

These reforms will affect IP practitioners who use the design protection and enforcement system on behalf of their clients, including clearing designs for use, protecting designs through registration and enforcement.

Proposed measures like limited searching could reduce anti-competitive filings and create potentially stronger rights for your clients.

Clearer definitions for digital designs would help solicitors advise clients on what aspects of their digital products qualify for design protection.

However, any searching regime could potentially increase costs, uncertainty and delay for your clients.

Next steps

The consultation closed on 27 November 2025.

The IPO is now reviewing the responses and will publish its response in due course.

Read the consultation and follow the outcome on GOV.UK

This consultation is an important next step in the reform process for the UK’s design protection regime.

We will continue to engage with the IPO and advocate for a thorough review of all aspects of design law to ensure that our members’ interests and your clients' needs are represented in the final reforms.