On November 29, 2013, the USPTO published its proposed rules to implement “the Hague Agreement Concerning International Registration of Industrial Designs.” The changes relate to the design patent provisions of Title I of the Patent Law Treaty Implementation Act (PLTIA). Written comments on the proposed changes to design patent practice are due by January 28, 2014.
Summary of Proposed Changes
As set forth in the Federal Register Notice, the Hague Agreement “provides that an applicant is entitled to apply for design protection in all member countries and with intergovernmental organizations by filing a single, standardized international design application in a single language.” Title I of the PLTIA amends portions of 35 USC to implement the terms of the Hague Agreement, and these proposed rules will implement Title I of the PLTIA. According to the Federal Register Notice, these changes are to take effect upon “the entry into force of the Hague Agreement with respect to the United States.”
The Federal Register Notice highlights these eight major changes (other changes also are proposed):
Practitioners and stakeholders interested in design patent protection may want to review the proposed rules in the context of the PLTIA, and provide any comments to the USPTO by the January 28, 2014 deadline.
Comments can be submitted
Mail Stop Comments—Patents
Commissioner for Patents
P.O. Box 1450, Alexandria, VA, 22313–1450
Attention: Boris Milef, Senior PCT Legal Examiner, Office of PCT Legal Administration