How does the Hague Agreement affect design patent applications in the US?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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 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 Hague Agreement’s effect on US design patent applications include:

  • It allows applicants to file a single international design application to obtain protection in multiple countries.
  • US applicants can use an international design application as a basis for priority in a US design application.
  • Conversely, US design applications can serve as a basis for priority in international design applications.
  • It streamlines the process for obtaining design protection internationally.

The Hague Agreement has simplified the process of securing international design protection, making it more accessible and cost-effective for inventors and designers.

Tags: design patents, Hague Agreement, international design applications, PLTIA