USPTO Issues Final Rule for Changes to Implement the Hague Agreement Concerning International Registration of Industrial Designs | Practical Law

USPTO Issues Final Rule for Changes to Implement the Hague Agreement Concerning International Registration of Industrial Designs | Practical Law

The US Patent and Trademark Office (USPTO) issued a final rule on changes to implement the Hague Agreement Concerning the International Registration of Industrial Designs to take effect once the US becomes a member of the Hague Union.

USPTO Issues Final Rule for Changes to Implement the Hague Agreement Concerning International Registration of Industrial Designs

by Practical Law Intellectual Property & Technology
Published on 01 Apr 2015 • USA (National/Federal)
The US Patent and Trademark Office (USPTO) issued a final rule on changes to implement the Hague Agreement Concerning the International Registration of Industrial Designs to take effect once the US becomes a member of the Hague Union.
On April 2, 2015, the USPTO issued a final rule for changes to implement the Hague Agreement Concerning the International Registration of Industrial Designs. The rule will take effect on May 13, 2015 when the US becomes a member of the Hague Union (80 Fed. Reg. 17918-01 (Apr. 2, 2015)). Hague Union members may apply for design protection in the Contracting Parties to the Hague Agreement by filing a single, standardized international design application in a single language. For more information on the Hague Agreement, see Legal Update, United States Ratifies Treaty Allowing the International Registration of Industrial Designs.
The major changes to US practice include:
  • Standardizing formal requirements for international design applications.
  • Establishing the USPTO as an office through which international design applications may be filed.
  • Providing a right of priority regarding international design applications.
  • Treating an international design application that designates the US as having the same effect from its filing date as that of a national design application.
  • Providing provisional rights for published international design applications that designate the US.
  • Setting the patent term for design patents issuing from both national design applications under chapter 16 and international design applications designating the US to 15 years from the date of patent grant.
  • Providing for USPTO examination of international design applications that designate the US.
  • Permitting an applicant’s failure to act within prescribed time limits in an international design application to be excused as to the US under certain conditions.