Streamlining International Design Patent Applications

Design patent protection has become very important in today's high stakes, competitive markets. A design patent protects an article's appearance, versus a utility patent protecting its construction or operation. Design patents have been issued protecting the designs of the iPhone 7 cellular phone, Mac Pro laptop computer, Apple Watch wristwatch and Beats headphones, all of which have significant competitive value separate and apart from their functions.

Companies like Google and Facebook protect their graphical user interface designs through worldwide design patents. With the then largest jury verdict in a patent case handed down in the Apple vs. Samsung (having a number of Apple's design patents at issue), it is no wonder that design patents have increased in popularity and recognition as important competitive tools and extremely valuable property rights.

United States design patent law changes have streamlined international design patent application filing and the issuance of design patent protection worldwide. In May 2015, the United States became a signatory to the Geneva act of the Hague agreement concerning the international registration of industrial designs (the "Hague Agreement"). United States applicants can now obtain design patents in any of 66 countries or regions by filing a single international application directly with the World Intellectual Property Organization (WIPO) or the United States Patent and Trademark Office (USPTO). This eliminates the need to file a separate application in each country. Now, a United States applicant can initiate the design patent examination process by filing a single international application, selecting one or more contracting countries and proceeding under the Hague Agreement. Substantive examination will then be conducted under the laws of each selected country.

The European Union, Japan, Norway, Switzerland, South Korea, the United States and numerous other countries (presently totaling 66) can be included in the single Hague Agreement application. Argentina, Australia, Brazil, Canada, China and Russia are currently not contracting parties, but are expected to sign on in the...

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