Currently, U.S. applicants looking to pursue protection of industrial designs outside of the United States must file individual applications in each jurisdiction where protection is desired. Depending on the number of applications, this can be both a time consuming and costly process. However, this process will soon become more efficient for applicants.
The United States Patent and Trademark Office (USPTO) announced on February 13, 2015 that the United States has deposited its instrument of ratification to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs with the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. This is the last requirement for the United States to become a Member of the Hague Union, which will take effect on May 13, 2015.
After this date, U.S. applicants will be able to file a single international design application with WIPO or the USPTO to obtain protection in multiple jurisdictions. This new process will streamline the filing of international design applications, and has the potential to result in significant cost savings for applicants. Under the Hague system, applicants can register up to 100 designs in over 62 territories with the filing of a single international application.
The USPTO will soon publish the Final Rules governing USPTO processing and examination of international design applications filed pursuant to the Hague Agreement in the Federal Register. The agreement implementing legislation for the Hague Agreement in the United States and the USPTO's Final Rules are expected to go into effect on May 13, 2015.
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