In the UK and EU, dates matter twice for a design: when you made it, and when it first became public. A registered design can usually still be filed within 12 months of your own first disclosure. Unregistered protection starts from the date the design is made public, not the date you drew it. A timestamp shows a design file existed no later than a time, which helps with the “made it” date. Keep separate dated records of the first public disclosure. This is general information, not legal advice. Check with an IP attorney.
Table of Contents
The key dates in a design
Four dates tend to matter:
- Creation: when the design existed in a recognisable form.
- First disclosure: when it first became public, such as posting, showing at a trade fair or selling.
- Filing: when you apply to register it.
- A third party’s date: when someone else made, published or filed a similar design.
Most disputes are about 2 and 4. A record of 1 supports them, but does not replace them.
What the UK and EU rules say
EU registered design: 12-month grace period. Under Article 7(2) of Regulation (EC) No 6/2002, a disclosure by the designer, or a person who got it from the designer, is disregarded if it happened during the 12 months before the filing date.
EU unregistered design: 3 years. Under Article 11 of the same regulation, an unregistered Community design is protected for 3 years from the date the design was first made available to the public within the EU. Disclosure doesn’t count if it couldn’t reasonably have become known to specialised circles in the sector in the EU. A confidential disclosure, for example, would not start the clock under Article 7(1).
UK registered design. The UK Intellectual Property Office has said a registered design can be valid if it has been on the market for up to one year before filing (IPO blog).
UK unregistered protection. GOV.UK explains two automatic rights: – Design right protects the shape and configuration of 3D objects for whichever ends first of 10 years from the end of the year it was first made available for sale, or 15 years from the end of the year it was created. – Supplementary unregistered design right protects the appearance of a product for 3 years from the date you make it public.
Disclosure in one place does not cover another. GOV.UK says a design made public in the EU is protected in the EU for 3 years, but “it does not protect your design outside the EU”. The EU and UK rights are separate, so check both.
What GOV.UK says about proof
GOV.UK says you’ll need proof of when you created a design if you want to prove your right. It suggests, for example, signed and dated copies of your design drawings or photos certified and kept by a solicitor or intellectual property attorney, and says there are other ways, and that you’ll usually need professional legal advice.
A timestamp is one of those other kinds of record. It does not replace legal advice, and it does not decide whether a design is new or has individual character.
What to keep, and how to date it
- Creation files. Sketches, CAD files, renders and prototypes, each timestamped. See how to prove a CAD, BIM or Figma file existed before a date and a 3D model existed before a date.
- The first public disclosure. Keep the post, the page, the invoice, the trade fair listing or the dated email, and save a copy of what it showed. Timestamp those files too. This is the date the clock starts from.
- Confidential sharing. If you share a design with a manufacturer or client first, record the terms and the date. See before you send a product design to a manufacturer and protect your design before sending it to a client.
- Versions. Timestamp each major version, because a design changes between sketch and launch. One TimeBind holds up to 10 files.
What a timestamp does not show
- That the design is new or original.
- That you were the designer or that you own the rights.
- When the design first became public.
- That a confidential disclosure was confidential.
If a design may be copied, a dated record of your own files, together with a clear public-disclosure date, is easier to explain than either alone. See client used your design without paying and timestamping for designers and architects.
For architectural or design drawings headed for a planning or permit set, the free AI planning drawing checklist helps you review the exact sheets to keep before you lodge. It cannot show that a drawing is accurate, and it cannot decide an application.
Frequently Asked Questions
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Can I register a design after showing it publicly?
In the EU, a disclosure by the designer in the 12 months before filing is disregarded (Article 7(2)). In the UK, the IPO says a registered design can be valid if it has been on the market for up to one year. Rules differ by country, so check before you file.
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Do I need to register a design to have protection in the UK or EU?
Not always. GOV.UK describes automatic UK rights and an unregistered EU right, with limits, for example 3 years from the date the design is made public. Registration gives longer, more certain protection.
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Does a timestamp start the 3-year unregistered period?
No. That period runs from when the design is first made available to the public, not from when you made a timestamp. A private timestamp isn’t a disclosure.
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What if I only showed the design to a client under confidence?
Under the EU rules, a disclosure that couldn’t reasonably have become known to the specialised circles doesn’t count, and explicit confidentiality helps show that. Keep the terms and ask an IP attorney.
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Is a timestamp enough to prove my design rights?
No. It helps show a file existed by a time. Rights depend on the law, the facts and other evidence.
Date your design files before you share them
Your first Pooled TimeBind is free, with no credit card required. After that, TimeBinds start from US$5, and an ASAP TimeBind is US$15. TimeBinder® makes the fingerprint in your browser, and the file stays on your device. See plans and pricing
