Geneva Act
By David. M. Longo, Ph.D.
| April 2, 2015
On April 2, 2015, the U.S. Patent and Trademark Office ("USPTO") published its Final Rule on Changes to Implement the Hague Agreement Concerning the International Registration of Industrial Designs ("Hague Agreement").  80 F.R. 63, pp. 17918-17971.  These changes go into effect on May 13, 2015.  Some of the changes only apply to patent applications filed on or after September 16, 2012 (e.g., power of attorney, application by assignee, inventor’s oath/declaration, and application data sheet).  Other changes only apply to patent applications filed on or after December 18, 2013 (e.g., continuing applications and filing of a certified copy of a previously-filed application).
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By Patrick Miller
| February 13, 2015
On February 13, 2015, the United States deposited its instrument of ratification to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”) with the International Bureau of World Intellectual Property Organization (“WIPO”). As such, the treaty will go into effect for the United States three months from the deposit date, on May 13, 2015. Japan is also understood to have deposited its instrument of ratification and is expected to become a member in the same time period as the United States.

As indicated previously on this blog, the Hague Agreement, generally speaking, establishes an international registration system which facilitates protection of industrial designs (i.e., design patents) in member countries and intergovernmental organizations (“Contracting Parties”) by way of a single, “standardized” international design application filed either directly with the International Bureau of WIPO or indirectly through an applicant’s Contracting Party (which will now include the U.S. Patent and Trademark Office (“USPTO”)).

As for how the USPTO will process and examine international designs filed pursuant to the Hague Agreement, the USPTO has indicated they will soon publish their Final Rules in this regard, which are expected to go into effect on May 13, 2015 and apply to such international design applications filed on or after May 13, 2015. Among other things, U.S. design patents resulting from international design applications filed on or after May 13, 2015 pursuant to the Hague Agreement will have a 15-year term instead of the current 14-year term for U.S. design patents.
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By Patrick Miller
| November 11, 2014
The U.S. Patent and Trademark Office (“USPTO”) recently updated its public and private Patent Application Information Retrieval (“PAIR”) graphical user interfaces to provide access to information regarding design applications filed pursuant to the Hague Agreement.  Such information will not be available, however, until entry into force of the Hague Agreement with respect to the U.S., which will occur three months after the U.S. deposits its instrument of ratification with the International Bureau of the World Intellectual Property Organization (“WIPO”), unless that instrument specifies a later date.

Generally speaking, the Hague Agreement establishes an international registration system which facilitates protection of industrial designs (i.e., design patents) in member countries and intergovernmental organizations (“Contracting Parties”) by way of a single, “standardized” international design application filed either directly with the International Bureau of WIPO or indirectly through an applicant’s Contracting Party.
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By Audrey Pastoret
| April 10, 2013
Further to our prior coverage of the implementation of the Hague Agreement, we are pleased to publish the following from Audrey Pastoret, a guest of ours from France.

The Patent Law Treaties Implementation Act of 2012 signed by President Obama on December 18, 2012 implements the Hague Agreement in the United States. It is intended to provide industrial designs with protection in states and governmental organizations parties to this arrangement through a single international application effected at the WIPO. Before the Hague Agreement, an application had to be filed in every country where protection was desired, resulting in several applications being filed for a single design patent. Under the Hague agreement a single application can provide protection in multiple countries.


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By Marc Albert Robinson
| December 10, 2012
S. 3486 (the "Act") has passed the House and the Senate, and awaits signature by the President.  

The summary of this Act reads, with emphasis added:


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By Michel E. Bohn
| June 11, 2010
Brief History of the Hague Agreement


The Hague Agreement is part of the legal framework of the Hague System -- a system that provides a simplified mechanism for registering industrial designs in contracting states.  Under the Hague Agreement, an industrial design can be registered in any number of designated contracting states by filing a single international application, in a single language, with a single set of fees, and in a single currency.


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