When does protection begin for international design applications in designated Contracting Parties?

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 timing of protection for international design applications can vary among designated Contracting Parties. According to the MPEP:

“Contracting Parties vary as to when protection begins within their territories, the duration of protection, and notification of protection. For some Contracting Parties, the effect of a grant of protection begins on the international registration date; for others, the protection may begin on the publication date or later date.”

For international design applications designating the United States, the MPEP specifies:

“For international design applications designating the United States, protection begins upon the date of issuance of a U.S. design patent from such application and extends to those industrial designs that are the subject of the international registration and covered by the U.S. design patent.”

To find specific information about when protection begins in other designated Contracting Parties, you can refer to the International Bureau’s Hague Member Profiles database at www.wipo.int/hague/memberprofiles/#/.