On February 13, 2015 the United States took the final steps to becoming a member of the Hague Union. The USPTO recently published the final rules governing the implementation of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”), which take effect beginning May 13th 2015. Much like the Patent Cooperation Treaty for the international submission of utility applications, under the Hague Agreement an applicant may submit a single standardized international design application in a single language with WIPO or the USPTO for protection in several jurisdictions.

This new membership brings with it a longer patent term of 15 years from issuance for U.S. design applications, and international design applications which designate the U.S., filed on or after May 13th 2015 as well as improved efficiencies in the application process and lower costs in seeking global protection for industrial designs. Prior to the implementation of the Hague Agreement a U.S. applicant seeking international protection for industrial designs in various jurisdictions was required to submit a separate application in each jurisdiction where protection was desired, complying with the formal requirements imposed by each jurisdiction. Where protection was sought in several jurisdictions this process could be cumbersome and expensive.

Along with improved efficiencies and lower costs, the implementation of the Hague Agreement provides the benefit of provisional rights upon publication for design applications designating the United States. While it is still possible to file individual design applications in each jurisdiction in which protection is sought, the benefits of filing under the Hague Agreement are significant and should be taken into consideration when developing filing strategies for designs.