Are design patents included in the Patent Cooperation Treaty (PCT)?
No, design patents are not included in the Patent Cooperation Treaty (PCT). This is explicitly stated in the Manual of Patent Examining Procedure (MPEP):
“It is noted that design patent applications are not included in the Patent Cooperation Treaty (PCT), and the procedures followed for PCT international applications are not to be followed for design patent applications.”
This means that the international filing procedures available for utility patents through the PCT system are not applicable to design patents. Instead, for international protection of designs, applicants can use the Hague Agreement Concerning the International Registration of Industrial Designs, which provides a mechanism for obtaining design protection in multiple countries through a single international application.
It’s important for inventors and patent practitioners to be aware of this distinction when considering international protection for their designs.
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