International Design Applications

Hague Agreement Basics — MPEP 2901 The Geneva Act of the Hague Agreement allows applicants to file a single international design application with WIPO to seek design protection in multiple countries. The US joined effective May 13, 2015. Applications designating the US are processed by the USPTO as design patent applications under 35 USC chapter 16.

US Filing Date — 35 USC 384 / MPEP 2908 The filing date of an international design application in the US = the effective registration date at WIPO. Applicant may request review of the filing date by the Director. Any international design application designating the US that meets chapter 16 requirements may be treated as a domestic design application.

US Declaration Requirements — MPEP 2903 The US declared that international design applications designating the US must contain a claim. The specific wording must be in formal terms: "the ornamental design for the article as shown, or as shown and described." This is the same single-claim format as domestic design patents.

Contents of International Design Application — Hague Article 5 / MPEP 2909 Must contain: (1) request for international registration; (2) applicant data; (3) prescribed number of reproductions of the design; (4) indication of the article(s) embodying the design; (5) designation of contracting parties. The US requires a claim in the prescribed formal terms.

International Registration — Hague Article 10 / MPEP 2907 WIPO registers the design immediately upon receipt. Date of international registration = date WIPO received the application (or corrected application). Registration published by WIPO — may be deferred under Article 11.

Term and Maintenance — MPEP 1505 Design patents from applications filed on or after May 13, 2015: 15-year term from grant date. No maintenance fees. Same rules as domestic design patents — one claim, broken lines for unclaimed environment, solid lines for claimed design.

Relationship to Domestic Design Patent Rules All domestic design patent rules apply: single claim, ornamental appearance of article of manufacture, no purely functional designs, no provisional application benefit, no maintenance fees. Hague simply provides the international filing mechanism.