In case the delay in payment of a renewal fee is more than 6 months, the design will lapse and can be restored by completing a request for restoration in terms of section 23(1)[ Reg. 35(1)], accompanied by an affidavit stating the reasons for the delay.  The restoration fee is R 260.  Please remember that you have to write your CIPC customer code on the form D18.

The decision for restoration is discretionary. If the restoration is allowed, CIPC publishes the request for restoration in the Patent Journal for opposition purposes, if any. If the request for restoration is not opposed within 2 months from the date of publication in the Patent Journal, CIPC will restore the design upon payment of the outstanding renewal fees. CIPC calculates the outstanding fees and sends notification to the applicant specifying the amount due. If the request for restoration is opposed, CIPC will wait for the outcome of the opposition proceedings and will follow the court order thereof.

Amending your Design – e.g. errors, changes in particulars

After your design is filed, only very limited amendments are allowed. Section 27 of the Act deals with amendments to the application and Section 26 allows for corrections due to clerical errors or obvious mistakes.

Amendments under section 27 of the Act can be made to an application any time before or after the registration of the design.
You may request an amendment to your application for a number of reasons. For example:
•    change of ownership in the design
•    change in the residential or address for service
•    to address deficiencies so that the case can proceed to registration
•    an error in the representations
•    an error in wording in parts of the application.

Scope of the application

An amendment will not be allowed if it increases the original scope of the application.
This means that amendments that introduce new matter that differs essentially from what was shown in the original application will not be allowed.

Change of name of the applicant

To change the name of the applicant you have to request a change of name on Form D4. No evidence of the change is required to be submitted with your request.  Please remember that you have to write your customer code on the form D4.

Change of address for service

To change an address, you should submit your request on Form D4 stating what the new address for service is.  No evidence of the change is required to be submitted with your request.  In case you are represented by an agent, you have to submit the power of attorney in order to record the new address for service.

Assignment Requests

If the ownership of a design has been assigned to another party, you need to  record that assignment in order to be valid with respect to third parties. This is done by completing a request for assignment on form D7 accompanied by assignment documents such as a deed of assignment, merger document or sale agreement or any other document to the satisfaction of the Registrar.  These documents must include:

• the exact name of the current owner
• name of the new owner
• date of execution of the assignment
• the design number(s) the assignment relates to
• signatures of the assignor.  If there is more then one assignor, all signatures thereof.

Please remember that you have to write your CIPC customer code on the form D7.

Enforcing your rights

If your registered design is infringed, or you believe it is being infringed, you should consider approaching a patent attorney to institute an infringement proceedings before the Commissioner of Patents as the case may be.

You can only enforce your design after the registration, but against any act of infringement that took place after the filing date of the design application.