The protection of industrial designs has become increasingly important in the modern age, where sleek designs are highly sought after by cutting-edge companies. The perception is that the right combination of design and functionality evokes in the mind of the consumer a feeling of quality that could be priceless. It is thus no surprise that design patents have gained greater popularity and recognition as important intellectual property tools. U.S. design patent application filings alone have approximately doubled since the year 2000. Record judgments have also been handed down in recent years, based predominantly on the infringement of design patents, which further increases their perceived value (see, e.g., Apple v. Samsung Co.).
Additional design patent changes are taking place that may add value and streamline their effectiveness worldwide, particularly for United States applicants. The U.S. deposited its instrument of ratification, on Feb.13, to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs. The United States Patent and Trademark Office (USPTO) also issued its Final Rules concerning the Hague Agreement on April 2. Although it has taken over two years for the U.S. to get this far (the Patent Law Treaties Implementation Act was passed in 2012), the Hague Agreement and the USPTO’s Final Rules will go into effect in the U.S. on May 13. Any design patent application filed on or after that date, or claiming priority from an earlier application and filed on or after May 13, may be designated as an international design patent application and reap the benefits of the Hague Agreement.
