Changes Are Coming to Design Patent Law in the United States

The United States will formally become a member of the World Intellectual Property Organization (WIPO) effective May 13, 2015. There are several benefits that arise out of the United States becoming part of WIPO. Presently, it is necessary to file individual applications in multiple jurisdictions to protect industrial designs in each of the jurisdictions. However, the Hague Agreement provides a user-friendly international design application that can contain up to 100 designs belonging to the same class in a single application. This will allow an applicant to file a single application at the U.S. Patent and Trademark Office (or with WIPO in Geneva, Switzerland) that designates the United States as well as more than 60 other jurisdictions, rather than filing separate design applications in each of the individual jurisdictions.

Extended Term of Protection

Also, design patents issued in the United States have previously enjoyed 14 years of protection. However, design patents will be given an extended term of 15 years upon issuance, adding one additional year of protection. This will apply to all design patent applications filed after May 13, 2015, including continuation applications and design patent applications that claim priority to international design applications. Further, consistent with current practice, no maintenance fees are charged to receive the benefit of the entire term.

Substantive Examination of Design Patent Applications

While other countries that are part of WIPO do not conduct any substantive examination of design patent applications, the United States will continue to examine design patent applications as they have done in the past.

These design patent changes place U.S. design protection in closer conformity with other countries. These changes will provide a practical solution to register up to 100 designs in over 62 territories with a single international application. Further, successful applicants will receive a longer patent term without increased cost. The designs they are a-changin’, and the changes appear to be for the good of U.S. design patent applicants/holders.

For more information on this topic, please visit our Patent Protection service page.

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