The Hague Convention is an international registration system that offers the possibility of obtaining protection for up to 100 industrial designs in designated Member States and intergovernmental organizations (referred to as «Parties») by submitting a single international application in a single language, either directly to the International Bureau of the World Intellectual Property Organization (WIPO), or indirectly through the Office of the requesting Party. is submitted. There is no limit to the number of representations that can be included for each design. It is possible to enter disclaimers. It is also possible to include a description of the design and/or the identity of the creator of the design; For some Contracting Parties, the inclusion of one or both of these Contracting Parties is mandatory. Question HA7020: If a design application is filed on or after September 13. May 2015 and ongoing demand (i.e. An application for continuation, divisional or divisional) of an application filed before May 13, 2015, is the application for a continuous design then subject to the patent term of 15 years? In some cases, requests may be made to postpone the publication of designs for up to 30 months from the filing date or, if priority is claimed, from the priority date. However, some parties have a shorter deferral period, and others do not allow deferral at all. It is an obvious saving to be able to apply centrally to cover a number of designated offices and to be able to process change and renewal files centrally rather than desk by office. A 50% discount for small businesses and a 75% discount for microenterprises are available for the U.S. designation fee. In this context, Box 18 of Form DM/1 provides for the indication of the status of small or micro-enterprises for the purpose of a reduction in the US designation fee.
To qualify for the microtity reduction for designation fees in the United States, a micro-enterprise status certification must be submitted. Annex IV of Form DM/1, available from www.wipo.int/hague/en/forms/, provides for the presentation of a certificate of micro-enterprise status. Question HA1000: Where can I file an international design application? The Hague Convention is a system that allows holders of designs belonging to certain countries to submit a centralized application for designs for a number of States and/or intergovernmental organizations (in particular the European Union Intellectual Property Office (formerly OHIM)) instead of having to file separate applications for each State and/or intergovernmental organization. For more information, see www.uspto.gov/patent/initiatives/hague-agreement-concerning-international-registration-industrial-designs The procedures of the Hague Convention do not provide, directly or indirectly, for the submission of priority documents to the International Bureau, unless they are provided for in Annex V for the purpose of designating the Republic of Korea. The Korean Intellectual Property Office (KIPO) does not require a certified priority certificate in the original; KIPO accepts a copy of the certified priority document. This is important to note because EFS-Web does not allow the submission of an original certified priority document. Applicants who file an international design application through the USPTO via EFS Web and wish to include a priority document in Annex V for the purpose of designating the Republic of Korea may file a copy of the certified priority document in PDF format. No, any response to a request addressed by the International Bureau to the applicant must be addressed directly to the International Bureau in order to avoid renunciation or any other loss of rights under Article 8 of the Hague Convention. As a general rule, the USPTO does not transmit to the International Bureau any communication received after the international design application has been submitted to the International Bureau. The initial period of an international registration is five years.
Renewal periods are also five years, but only up to the normal term of protection of the design in the names concerned; it varies from designated office to office; In most cases, it`s 25 years, but for some, it`s 10 or 15 years. For more details, please see the list of Contracting Parties at the bottom of this page. WIPO verifies that the application meets its formal requirements, in particular the payment of official fees and the quality of the representations of the designs in the application form. Note that WIPO does not conduct verifications for substantive reasons; it was up to the national Offices to reject the designs, for example because of a lack of novelty. Assuming that no notice of registration has been issued or withdrawn, the international registration has the same effect as if design protection had been sought directly from the notified bodies concerned. 4. Information on the Hague System, including geographical coverage and a user guide, is available on the WIPO website www.wipo.int/hague/en/. However, it is important to note that a foreign application license may be required to file an international design application directly with the IB. In addition, unlike filing an international design application via EFS-Web, PDF copies are not accepted by the IB e-filing system.
The agreement was reached in the Dutch city of The Hague. 3. Decide carefully in advance which Contracting Parties should be designated for protection Protection No., the 15-year patent term for designs under U.S.35.C.173 as amended by PLTIA applies only to design applications filed on or after May 13, 2015. Question HA11020: What are the requirements for reproductions of industrial designs? No, an indirect depositary body does not grant filing deadlines for international design applications under the Hague Convention. In accordance with the Hague Convention, the International Bureau examines international design applications in formal matters and, where appropriate, grants a filing date in accordance with Article 9 and Rules 13 and 14. The Office for Indirect Applications records the date of receipt of the international design application and the International Bureau may assign that date as the filing date in accordance with the relevant provisions of the Hague Convention. Question HA6000: Is the substantive examination of an international design application by the USPTO different from the substantive examination of an ordinary U.S. design application? Applicants may also consider creating a current account with WIPO and including the approval in the Payment of Fees section of Form DM/1 to instruct the International Bureau to debit the required fees from WIPO`s current account. For more information on the payment of fees to WIPO, please see www.wipo.int/about-wipo/en/finance/hague.html. The application is submitted directly to the World Intellectual Property Organization in Geneva.
Unlike the international trademark registration system, no home filing or registration is required. Up to one hundred designs may be included in the same application, provided that they are all intended for the same class of designs (according to the International Industrial Design Classification). It should be noted, however, that some Parties have special requirements, which means that, in certain circumstances, the international registration is not valid for all designs of that Party. In particular, multiple designs are not provided for in the United States. Official fees are due and depend on the number of designs, whether or not publication can be published without delay and the respective Contracting Parties. .
