The future for UK designs: UK government proposes design reforms

On 4 November 2026 the government published its long-awaited response to its consultation on changes to the UK designs framework. Several notable reforms are on the way, and brand owners and designers should be aware of them.

Background

The consultation followed a 2022 call for views and two surveys. It covered proposals to improve the UK’s registered designs system, simplify unregistered designs, address post-Brexit disclosure issues, and look at enforcement, along with several smaller changes aimed at streamline the UK designs system.

Survey respondents valued the UK system’s speed and low cost, the overall choice of protection, and the ease of obtaining registered rights. Against that backdrop, the government will take forward a package of targeted reforms to modernise the system and tackle bad actors, while dropping several proposals that respondents felt would add time, cost, and complexity.

Key changes

For registered designs, the government has confirmed it will:

• Introduce targeted search and examination to tackle anti-competitive registrations. The UK Intellectual Property Office (UK IPO) will, for the first time, be able to search and examine applications for novelty and individual character in some circumstances, which will be set out in guidance. 

• Harmonise registry deadlines and streamline registration. The UK IPO will be given wider powers to correct register errors and to object to matter prohibited by law. Examination reports will also now any substantive and formality objections together, with a single, extendable two-month response period. Further clarification on claiming priority in new applications will also be published once the UK IPO has joined the World Intellectual Property Organization (WIPO) Digital Access Service.

• Consider introducing a bad faith ground of objection to combat anti-competitive applications. The government will consider what behaviour would amount to bad faith and what evidence would be needed to prove it, before deciding whether to introduce a bad faith provision.

• Extend the deferment period from 12 to 30 months. This brings the UK into line with the EU and Hague systems and keeps designs confidential for longer, as only limited information about deferred applications will be published. Prior use provisions will also cover deferred applications, protecting third parties who innocently use a design during the deferment period.

• Clarify, and make it easier to obtain, protection for animated designs and GUIs. Updated legal definitions will make clear that designs containing an animation or transition are protectable, and registered design protection will extend to creating, downloading, sharing or distributing any medium or software that records the design. The UK IPO will also look at technical solutions to let applicants file video and 3D formats.

• Maintain the existing computer-generated designs framework, while continuing to monitor the use of AI in the design industry.

• Not introduce an opposition or observation period. The government has dropped this proposal after receiving mixed views on its benefits and survey respondents raising concerns about time, cost, and complexity. It will, however, consider a quicker and cheaper fast-track invalidation process, particularly to deal with anti-competitive filings.

• Potentially expand the IPEC Small Claims Track to include registered design cases. The government will explore a carefully managed expansion with stakeholders in the coming months. The Small Claims Track of the UK’s dedicated IP court, the IPEC, is aimed at low-value IP disputes worth £10,000 or less.

For unregistered designs, the government has confirmed:

• UK unregistered design right (UK UDR) and supplementary unregistered design (SUD) will both be retained. UK UDR will not be scrapped. Instead, the government will consider options for simplifying the unregistered designs framework. As a minimum, it will seek to align qualification requirements and duration of protection for UK UDR and SUD. This will significantly extend the duration of SUD.

• SUD will be able to arise from first disclosure anywhere in the world. The government plans to legislate so that first disclosure outside the UK or EEA can create SUD, removing the post-Brexit disadvantage for UK designers launching internationally.

• Criminal offences for infringement will not be introduced. There is not enough evidence that they would be a balanced and proportionate remedy.

Implications

Overall, the response aims to tackle anti-competitive filings and modernise the system for digital designs, while keeping the speed and low cost that users value. However, much of the detail, legislation and guidance is still to come, so designers and brand owners with design portfolios should keep a close eye on developments. This is particularly so for SMEs, who may benefit from an expanded Small Claims Track, and for international businesses with digital or animated design portfolios or upcoming design launches.

This post was written by Abigail Cropper and Bethany Wheeler-Fowler. If you would like to discuss any of the issues raised in this article, please contact Bethany, Jeremy Dickerson or your usual IP team contact.

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