The UK Intellectual Property Office (IPO) has initiated a fresh consultation, inviting input from designers and design-driven enterprises to shape the future of digital IP services. Spearheaded by the IPO Transformation Programme, this new consultation builds upon a prior one held from November 2022 to January 2023.

Launched on August 23, 2023, this latest consultation zeroes in on specific aspects related to trade marks and design, as well as introducing proposals for patents and tribunals within the forthcoming IPO digital tribunal service set to launch in 2025. Designers, design-centric businesses, and other users of IP services are encouraged to contribute their perspectives.

The grand vision is to establish a comprehensive digital system for all registered IP rights, encompassing patents, trade marks, and designs, by the close of 2025. This endeavor follows the release of outcomes from the inaugural consultation on August 1, 2023. Notable feedback included suggestions for user-friendly self-service digital accounts to facilitate convenient IP management online, as well as incorporating digital documentation and automation to streamline processes.

The first wave of digital services will make their debut with patents in Spring 2024, with trade marks and design services anticipated to follow suit in Autumn 2025. This transformation is not only dedicated to enhancing digital services but also encompasses an overhaul of the legislation, policies, and practices underpinning the entire IP framework, as articulated by IPO CEO Adam Williams.

Among the focal points of this consultation is the realm of trade marks and series marks. These series marks, which currently enable applicants to submit up to six related trade marks at a reduced rate, are facing proposed changes. Around 10% of domestic trade mark applications fall under the category of series marks, and they have encountered considerable objection due to incorrect usage. The IPO perceives this as indicative of a misunderstanding of their intended application. The consultation proposes either the complete abolition of series marks or reducing their allocation to two or four, in line with data revealing that only 5% of applications feature five or more marks, and a substantial portion of these are rejected for not meeting the criteria.

Furthermore, the current accessibility hurdles surrounding IP documents are acknowledged. Presently, accessing trade mark and design application information demands in-person visits to the IPO office or ordering physical copies of documents. Addressing this, the government is suggesting a novel digital service that would facilitate online access to this information, thus simplifying the process and making it more convenient for designers and clients.

Efforts are also underway to harmonize trade marks and designs legislation with that of patents. While patents offer free online access to documents via the IPSUM document inspection service, trade marks and designs currently provide only limited bibliographic information digitally. The IPO recognizes this discrepancy and is seeking input on proposals to bridge this gap. Despite the 2014 Intellectual Property Act allowing for an inspection service for designs, the IPO admits its current IT systems do not fully exploit this potential. The consultation seeks feedback on these propositions and their potential consequences.

In the domain of tribunals, the IPO aims to promote mediation over litigation, a quicker and more cost-effective alternative. Seeking opinions on potential enhancements, the IPO contemplates the integration of mediation information and assessment meetings, conducted by trained IPO mediators at no cost to parties involved. This is alongside an increased utilization of hearing officer powers.

To engage in this pivotal consultation, interested parties have until October 31, 2023, at 11:59 am. Further details and online response mechanisms can be accessed via the IPO’s official website or by contacting transformationconsultation@ipo.gov.uk. Subsequently, the IPO will share a comprehensive summary of the consultation on the government website, including a list of responding entities while maintaining the privacy of personal details. In tandem with this consultation, the IPO is also embarking on research to comprehend the specific requirements of customers regarding the forthcoming digital services. Those interested in participating in this research initiative can register by reaching out to usertesting@ipo.gov.uk.