Grace period for novelty

A disclosure is not taken into consideration for the purpose of applying section 2 (2) and (3) if a design was made available to the public during the 12-month period preceding the date of filing of the application by the designer or the designer’s successor in title or by a third party as a result of information provided or action taken by the designer or the designer’s successor in title. The same applies if the design was disclosed as a consequence of an abuse in relation to the designer or the designer’s successor in title.