MPEP § 1505 — Term of Design Patent (Annotated Rules)
§1505 Term of Design Patent
This page consolidates and annotates all enforceable requirements under MPEP § 1505, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Term of Design Patent
This section addresses Term of Design Patent. Primary authority: 35 U.S.C. 173. Contains: 1 requirement, 2 permissions, and 2 other statements.
Key Rules
15-Year Term from Grant
Patents issued from design applications filed on or after May 13, 2015 shall be granted for the term of fifteen years from the date of grant.
On December 18, 2012, the Patent Law Treaties Implementation Act of 2012 (PLTIA) was signed into law. The PLTIA among other things sets forth provisions implementing the 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”). These provisions (Title I of the PLTIA) took effect on May 13, 2015. As a result, U.S. design patents resulting from applications filed on or after May 13, 2015 have a 15 year term from the date of grant. However, patents issued from design applications filed before May 13, 2015 have a 14 year term from the date of grant.
Design Patent Practice
On December 18, 2012, the Patent Law Treaties Implementation Act of 2012 (PLTIA) was signed into law. The PLTIA among other things sets forth provisions implementing the 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”). These provisions (Title I of the PLTIA) took effect on May 13, 2015. As a result, U.S. design patents resulting from applications filed on or after May 13, 2015 have a 15 year term from the date of grant. However, patents issued from design applications filed before May 13, 2015 have a 14 year term from the date of grant.
Hague Agreement Overview
On December 18, 2012, the Patent Law Treaties Implementation Act of 2012 (PLTIA) was signed into law. The PLTIA among other things sets forth provisions implementing the 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”). These provisions (Title I of the PLTIA) took effect on May 13, 2015. As a result, U.S. design patents resulting from applications filed on or after May 13, 2015 have a 15 year term from the date of grant. However, patents issued from design applications filed before May 13, 2015 have a 14 year term from the date of grant.
Title Format Requirements
On December 18, 2012, the Patent Law Treaties Implementation Act of 2012 (PLTIA) was signed into law. The PLTIA among other things sets forth provisions implementing the 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”). These provisions (Title I of the PLTIA) took effect on May 13, 2015. As a result, U.S. design patents resulting from applications filed on or after May 13, 2015 have a 15 year term from the date of grant. However, patents issued from design applications filed before May 13, 2015 have a 14 year term from the date of grant.
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1505 — Term of Design Patent
Source: USPTO1505 Term of Design Patent [R-08.2017]
35 U.S.C. 173 Term of design patent.
Patents issued from design applications filed on or after May 13, 2015 shall be granted for the term of fifteen years from the date of grant.
On December 18, 2012, the Patent Law Treaties Implementation Act of 2012 (PLTIA) was signed into law. The PLTIA among other things sets forth provisions implementing the 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”). These provisions (Title I of the PLTIA) took effect on May 13, 2015. As a result, U.S. design patents resulting from applications filed on or after May 13, 2015 have a 15 year term from the date of grant. However, patents issued from design applications filed before May 13, 2015 have a 14 year term from the date of grant.