Remove Designs That Block Your Product

Common grounds include lack of novelty, lack of originality, fraudulent or improper registration, or non-compliance with the IP Code's requirements.

Deadlines can depend on the ground relied on — Brealant assesses the applicable timing as part of scoping your matter.

The petitioner generally bears the initial burden of presenting prior art or other evidence supporting the grounds for cancellation.

The design is removed from the register, in full or in part depending on the grounds upheld, clearing the way for your own product or application.

Yes, the owner can answer the petition and present evidence defending the design's novelty and originality.

Yes, where a registration covers several design variations, a petition can seek cancellation of specific ones while leaving the rest intact.

Costs depend on how contested the case becomes; Brealant provides an estimate once we've reviewed the grounds and the evidence involved.

Yes, the registration remains valid and enforceable unless and until IPOPHL issues a final decision cancelling it.

Yes, a common cancellation ground is that a disclosure the applicant relied on doesn't actually qualify for the grace period, making the design not novel at filing.

Opposition challenges a design before it registers, while cancellation challenges it after registration — cancellation is the only route available once the registration has already issued.