What is the Hague Agreement and how does it relate to U.S. design patents?
The Hague Agreement, officially known as the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, is an international treaty that affects design patents. The MPEP mentions: “The PLTIA among other things sets forth provisions implementing the 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs…
Read MoreHow does the Hague Agreement affect design patent applications in the US?
The Hague Agreement has a significant impact on design patent applications in the United States. According to MPEP 1504.10: “The right of priority is recognized for applications for design patents filed in the United States on and after May 13, 2015, pursuant to title I of the PLTIA (the Hague Agreement).” Key points about the…
Read MoreHow 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…
Read MoreAre 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…
Read MoreWhat is the term of a design patent?
The term of a design patent depends on when the application was filed: For design applications filed on or after May 13, 2015, the term is 15 years from the date of grant. For design applications filed before May 13, 2015, the term is 14 years from the date of grant. This change was implemented…
Read MoreWhen did the design patent term change from 14 to 15 years?
The change in design patent term from 14 to 15 years took effect on May 13, 2015. This change was implemented by the Patent Law Treaties Implementation Act of 2012 (PLTIA), which was signed into law on December 18, 2012. The MPEP states: “On December 18, 2012, the Patent Law Treaties Implementation Act of 2012…
Read MoreWhat legal provisions govern design patents in the United States?
Design patents in the United States are primarily governed by two chapters of Title 35 of the United States Code: Chapter 16, which provides for domestic design patents Chapter 38, which deals with international design applications filed under the Hague Agreement As stated in the MPEP, Design patents are provided for in 35 U.S.C. chapter…
Read MoreHow can the name of the applicant be corrected or updated in a U.S. National Stage Application?
To correct or update the name of the applicant in a U.S. National Stage Application, the following steps must be taken: Submit an Application Data Sheet (ADS) under 37 CFR 1.76 Specify the correct or updated name of the applicant in the applicant information section (37 CFR 1.76(b)(7)) Ensure the ADS complies with 37 CFR…
Read MoreWhat is the Hague Agreement and how does it affect international design applications?
The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application with effect in multiple countries. The MPEP explains: The Hague Agreement is an international agreement that enables an applicant to file a single international design application which may have the effect of…
Read MoreWhat is the proper way to cite international registrations published by WIPO under the Hague Agreement?
International registrations published by the World Intellectual Property Organization (WIPO) under the Hague Agreement Concerning the International Registration of Industrial Designs require a specific citation format. These publications, also known as published international design applications, do not have a unique publication number. The MPEP provides guidance on how to cite these documents: “When citing an…
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