by Eviatar Aron, Israel & US Patent Attorney

Until 2018, when Israel implemented a New Design Law, a design application under the old Patents and Designs Ordinance (1924) was unpublished until grant. That provided a certain degree of comfort for the designer, but an equal and opposite degree of discomfort for the rest of the market!

Fortunately, it is now possible to access the contents of design applications within a few weeks of filing, providing a useful resource for the market in general. 

Balancing Conflicting Needs

However, in view of the fact that new products can take some time to migrate from the drawing board to the marketplace, immediate publication of design applications can be discomforting in some situations, potentially providing valuable commercial intelligence to competitors for free(!)

In an effort to somewhat balance the needs of the designer on the one hand, and the competition on the other, it is possible to delay the publication date. As per Paragraph 22(b) of the current design laws and regulations, publication of a design application for up to six months.

Requesting Postponement

Postponement of publication may be affected by filing a simple request, without any justification or supporting documentation required.

However, the request must be filed either at the time of filing a new application or within seven days of issuance of the Official Filing Receipt.

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