How does the Hague Agreement affect design patent priority claims?
The Hague Agreement Concerning the International Registration of Industrial Designs has expanded the options for claiming priority in design patent applications. According to MPEP 1504.10:
“For design applications filed on or after May 13, 2015, a claim for priority may be made pursuant 35 U.S.C. 386(a) to an international design application filed under the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, provided the international design application designates at least one Contracting Party other than the United States.“
This means that U.S. design patent applicants can now claim priority to international design applications filed under the Hague Agreement, expanding their options for international protection. Additionally, the United States recognizes priority claims based on applications filed under other treaties such as the “Uniform Benelux Act on Designs and Models” and “European Community Design.”
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