Investing in the creation of industrial designs is critical in modern business practice, as it allows a company’s product to stand out in an increasingly competitive market dynamic. Just as important as creating distinctive...more
United States applicants can now file a single design patent application under the Hague System, designating, the United States, European Union, Canada, Mexico, and now China, among other countries and regions....more
Brexit finally arrived on Jan. 31, 2020, and we are now in the period during which the UK and EU will negotiate the final rules governing their future. During this transition period, the UK and EU will continue to recognize...more
Effective Ways to Protect Your Intellectual Property: International Design Patents - The Hague Agreement Concerning the International Deposit of Industrial Designs (the “Hague Agreement”) is an international registration...more
Canada will become the 69th member of the Hague Union related to International Registration of Industrial Designs on November 5, 2018. As a result, the creators of Industrial Designs in Canada will soon be able to file a...more
Kilpatrick Townsend partner Babak Kusha, along with a fellow thought leader, recently presented a Knowledge Group webinar on the topic of “The Hague Agreement and Design Filings: Recent Trends and Developments in 2018.” Below...more
The January 2018 issue of Sterne Kessler's The Goods on IP® discusses interesting patent marking considerations for consumer product companies, including a recent Federal Circuit case involving licensee marking. This issue...more
On December 9, 2017 Canada’s Governor-in-Council took the formal step of publishing proposed new Industrial Design Regulations (the proposed Regulations) in the Canadian Gazette. A 30-day consultation period has been set,...more
Kilpatrick Townsend partner Babak Kusha, along with a panel of other thought leaders, recently presented a Knowledge Group webinar on the topic of “The Hague Agreement and Design Filings.” The Hague Agreement is an...more
In recognition of ever growing cross-border sales, the U.S. recently expanded its design protection laws to make it easier to file a single application in multiple jurisdictions. Read on if you deal with products that could...more
In February 2015, the United States completed steps to become a member of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement). The Hague Agreement went into effect for the...more
Summary: Effective May 13, 2015, a US national stage application for which an inventor’s oath or declaration (or substitute statement, as applicable) has not been filed is not eligible for an RCE filing. On April 2,...more
Beginning May 13, 2015, U.S. applicants will be able to file international design patent applications through the U.S. Patent and Trademark Office. In addition, U.S. design patents resulting from applications filed on or...more
The U.S. Patent and Trademark Office recently published the Final Rules for implementation of the Hague Agreement for the Registration of Industrial Designs (i.e., design patents). Starting May 13, 2015, U.S.-based applicants...more
U.S. applicants will soon be able to use a streamlined international filing procedure for design patents similar to the Madrid Protocol for trademark registrations. Currently, U.S. applicants seeking to protect designs in...more
An industrial design generally constitutes the ornamental or aesthetic aspects of various articles, such as the three dimensional features (e.g., shapes) or two dimensional features (e.g., patterns, lines or colors) of...more
On April 2, the U.S. Patent and Trademark Office (USPTO) issued Final Rules to implement the provisions of the Hague Agreement concerning the international registration of industrial designs. The Agreement is effective in the...more
The U.S. Patent and Trademark Office (USPTO) has published the Final Rules for implementation of the Hague Agreement for the Registration of Industrial Designs (i.e., design patents). They can be found here. Starting May 13,...more
On April 2, 2015, the USPTO published its final rules to implement the Hague Agreement Concerning International Registration of Industrial Designs (Hague Agreement), with an effective date of May 13, 2015. The Hague Agreement...more
A design patent has long been available in the United States for protecting the ornamental appearance of an article of manufacture (sometimes referred to as an "industrial design"). Thus, design patents can be generally...more
In December 2012, Congress passed the Patent Law Treaties Implementation Act, which authorizes the United States to become a member of the Hague Agreement for the Registration of Industrial Designs (i.e., design patents). On...more
In early February 2015, the U.S. announced that it had deposited its instrument of ratification to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement) with...more
The United States has finally taken the steps necessary to join a major international treaty concerning the protection of design patents. This will mean significant changes in the protection of designs in foreign countries....more
Today, February 13, 2015, the United States deposited with the World Intellectual Property Organization (WIPO) its instrument of accession to the Hague Agreement Concerning International Registration of Industrial Designs...more
U.S. design patents and their international counterparts (generally termed “industrial designs”) protect the ornamental appearance of an article of manufacture. Design protection has been the subject of increased attention...more