How does the Hague Agreement affect design patent priority claims?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Priority Claim for International Design Application Filed After May 13, 2015 MPEP 213 Permitted U.S. Design Patent Application Within 6 Months of Foreign Filing MPEP 1504.02 Required Design Patent Application Must Claim Priority Within 6 Months MPEP 1504.10 Required Design Patent Applications Can Claim Foreign Filing Dates MPEP 1504.10 Right of Priority Restoration for Design Applications MPEP 1504.10 Permitted Ex Parte Quayle Action for Design Patent Allowability MPEP 1504 Priority Claim Must Provide Application Details MPEP 1504.10 Required Right of Priority for International Design Applications MPEP 213.07 Design Applications Cannot Claim Provisional Priority ...