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The UK Government announced design law reforms on 4 November 2026.
The aim is to make protection clearer, tackle misuse of registrations and make enforcement more affordable.
The changes could affect businesses designing products, packaging and digital interfaces. The implementation date is not yet confirmed, but we will provide updates as developments unfold.
Tackling misuse: bad faith provisions and substantive examination
The current UK system does not routinely check novelty and individual character. This can result in design squatters, illicit traders and copiers securing registered designs by filing identical registrations. This can cause costly disruptions to businesses, and new bad faith provisions will be introduced.
The UK government will introduce legislation to give the UKIPO powers to assess novelty and individual character of a design before registration. We are informed that this may not apply to all applications but will apply to a proportion of applications, and the UKIPO will provide further guidance in due course.
A more accessible route to enforcement
The UK government plans to legislate to allow a claimant to file registered design claims in the Intellectual Property Enterprise Court’s Small Claims Track, offering a lower-cost route to enforcement, with compensation claims capped at £10,000.
This court option is currently not available for registered design claims, which means businesses must start proceedings in the Intellectual Property Enterprise Court – Multi-Track, with higher costs for a claimant.
This change could make enforcement more affordable for smaller businesses. Suitability of a claim for the small claims track will depend on the issues, remedies sought and commercial objectives.
Keeping designs confidential before launch
Applicants can currently defer publication for 12 months from filing. The proposed 30-month deferment period would extend this, allowing applicants to file for registration while delaying publication and bringing the UK into line with the EU and international Hague systems.
Businesses could secure an early filing date without immediately revealing designs to competitors, coordinating publication with product launches and overseas applications.
Bringing protection up to date
The reforms aim to clarify protection for animated designs, moving features, transitions and graphical user interfaces (GUIs), with new options to submit moving image files rather than rely solely on still images. This change will provide a clearer picture of the exact nature of the registered designs of this form.
What should businesses do now?
These reforms should benefit registered design proprietors and applicants, making the system more robust and enforcement more accessible to businesses and individuals.
Until the reforms are implemented, we recommend following these tips:
- Maintain records of design creation
- Keep dated design records and evidence of first disclosures.
- Check ownership, especially when using external designers.
- Consider filing for a registration before publishing or launching products.
- Review overseas protection separately: UK rights do not provide overseas cover.
Contact SH&P’s Design Team to review your protection strategy and prepare for the proposed changes.
Posted: 12th November 2026
