What are the key declarations made by the United States under the Hague Agreement?

The United States made several key declarations under the Hague Agreement, including:

  • An international design application designating the U.S. must contain a specific claim.
  • An oath or declaration of the creator and indications of the creator’s identity are required.
  • Deferment of publication is not possible for U.S. designations.
  • Only one independent and distinct design may be claimed in a single application.
  • The time period for providing a refusal is extended to 12 months.
  • The designation fee is replaced by a two-part individual designation fee.
  • The period for security clearance is extended to six months.
  • Changes in ownership must be recorded with the USPTO to have effect.
  • The maximum duration of design protection is 15 years from grant.

As stated in the MPEP, “The Geneva Act of the Hague Agreement, and the declarations made thereto, took effect with respect to the United States on May 13, 2015.

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Topics: MPEP 2900 - International Design Applications, MPEP 2903 - Declarations Under The Hague Agreement Made By The United States Of America, Patent Law, Patent Procedure
Tags: design patents, Hague Agreement, international design applications, U.S. Declarations