How do I get foreign design patent protection?

How do you file foreign design patent applications?

If you are considering foreign design patents, first check to make sure your invention is eligible for foreign patent protection. Unlike the US, most foreign countries require that you secure a patent priority date before publicly disclosing your invention. That means that if you had publicly disclosed your design prior to your earliest patent filing date for that design, you might not be eligible for foreign patent proection.

What is the deadline for filing foreign design patent applications?

The deadline for filing a foreign design patent application that will get the benefit of your earlier US filing date is 6 months. If over 6 months have already passed since your US filing date, you might still be able to file foreign design applications without the priority claim as long as you have not made any public disclosures.

What is the Hague Agreement for international design patents?

On May 13, 2015, the U.S. became a participant in the Hague Agreement on international registration of design patents. U.S. applicants can now file a single design patent application and seek protection in multiple member countries of the Hague Union, similar to the streamlined patent protection afforded by the Patent Cooperation Treaty (PCT) for utility patent applications and that offered by the Madrid Protocol for trademark applications.. Applicants no longer need to file individual design patent applications in each desired (member) foreign country.

For U.S. design patent applications filed on or after May 13, 2015, the term has been extended from 14 to 15 years from the issue date even if the Hague process is not used. International design patent applications under the Hague system will be published generally 6 months after the filing date. This provides applicants with potential provisional rights that can predate the grant date, but only for a single embodiment.

The potential cost savings for a Hague application can be significant, as fees for individual foreign counsel may be bypassed at least for the initial filing. U.S. applicants will have the option to file electronically through the USPTO site. However, the substantive examination of a design patent application will still be subject to the particular rules and rejections of each member country or region. So, for example, requirements concerning the number of views or the formatting of the drawings (e.g., shading) may differ.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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