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US Design Patent Law Revised: Makes it Easier to Protect Designs

A report on Lexology stated that starting May 13, 2015, applications for industrial design patents lodged in the US will become more systematized and economical. The revisions are stated in the US Patent and Trademark Office’s (USPTO) Final Rules under “Changes to Implement the Hague Agreement Concerning International Registration of Industrial Designs” which was published last April. As this law takes effect, US patent applicants will be able to protect their designs in up to 100 different design categories within 44 countries and intergovernmental organizations.

Before these changes, application for patents was relatively expensive especially when done on an international scale. The old ruling requires for separate filings in each country thereby increasing the administration and maintenance cost that comes with each design patent application. With the new system based on the Hague Agreement, design applications can now be filed through the International Bureau of World Intellectual Property Organization(WIPO) or through contracting parties such as the USPTO.

According to a report from JDSupra, to cater a more streamlined design patent application, the USPTO will act as an established receiving office for international design patent applications and will provide easier filing and payment options. Aside from giving U.S. designers an efficient access to international patents, foreign applicants will also have an easier access to the U.S. The patent application will also be standardized in terms of language and currency conversions which was an issue in the filing separate international design patent application.

With the new process, patent owners won’t have to constantly monitor the renewal dates of international patents. The WIPO will send advanced reminders once the patent is due for renewal within the next five years. Applicants can also change their names or addresses conveniently. The new ruling also does not forego the traditional process of independent design patent application, so applicants can still file separately within different countries if preferred.

All design patents will have the longevity of 15 years, including those which will be filed using the traditional system