International and Non-U.S. Design Law and Practice

USPTO Publishes Final Rule on Changes to Implement the Hague Agreement Concerning Industrial Designs

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).

WIPO Announces Update to Its Global Design Database

August 6, 2015

On August 5, 2015, WIPO announced (available here) that its Global Design Database (available here) has added more than 1 million design documents based on data from the U.S., Japan, and Spain.

According to the announcement, users can now use the Global Design Database to search industrial designs registered under the WIPO-administered Hague System*, as well as designs from the U.S., Japan, Spain, Canada, and New Zealand. WIPO indicates that it plans to add other countries’ design data “in the coming months.”

The Global Design Database includes a user-friendly customizable interface, including various search categories, filters, and sorting capabilities.

As of this posting, the Global Design Database reports contents of 1.2 million design documents drawn from among 153,044 Canadian designs, 479,755 Japanese designs, 482,444 U.S. designs, 93,683 Spanish designs, 44,132 New Zealand designs, and 40,762 International (Hague) designs.

*The WIPO-administered Hague System has been previously discussed on this blog (here, here, here, and here). More information about the Hague system can be found here.

Recap of USPTO's Design Day 2016

April 26, 2016

The USPTO's Design Day 2016, held April 19th, started off with a welcoming address from the Commissioner for Patents, Andrew Hirshfeld. Commissioner Hirshfeld noted the increasing importance of design patents, as U.S. design patent application filings have increased from 11,000 in 1987 to 37,000 in 2015. Commissioner Hirschfeld encouraged everyone to submit comments and examples for the application of the Written Description Requirement in Design Applications, which was published on April 15, 2016 (reported here). Commissioner Hirshfeld also announced that 15 design examiners will be working out of the USPTO's San Jose satellite office.

Recap of USPTO's Design Day 2018

May 4, 2018

The U.S. Patent and Trademark Office (USPTO) held its 12th annual Design Day on April 25, 2018.

9:00-9:15 - "Welcome and Kick-off" - Andrei Iancu, the new Director of the USPTO, kicked off this year's event with a welcome address.