What is the Hague Agreement and how does it affect US design patent applications?

The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application to seek protection in multiple countries. The United States became a party to the Hague Agreement on May 13, 2015.

According to 35 U.S.C. 385:

An international design application designating the United States shall have the effect, for all purposes, from its filing date determined in accordance with section 384, of an application for patent filed in the Patent and Trademark Office pursuant to chapter 16.

This means that an international design application that designates the US is treated similarly to a national design patent application. The MPEP clarifies: Unless otherwise clear from the wording, reference to ‘design application’ or ‘application for a design patent’ in this chapter includes an international design application that designates the United States.

For detailed information on international design applications, refer to MPEP Chapter 2900.

For more information on design patents, visit: design patents.

For more information on Hague Agreement, visit: Hague Agreement.

For more information on international design applications, visit: international design applications.