Design Patents and the Hague Agreement Option: Evaluating the Benefits and Risks of Filing an IDA

Leveraging Lessons From the First Year, Understanding the Implications for Design Patent Prosecution

Please Note: The start time for this webinar is 12:00 PM EDT

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, July 14, 2016

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for patent counsel on the application process under the Hague Agreement as well as the pros and cons of filing under the Agreement. The panel will discuss lessons that have been learned over the first year that U.S. applicants have had access to the Hague System. The panel will offer best practices for filing design patent applications.

Description

In 2015, the U.S. Patent and Trademark Office (USPTO) released its final rules concerning the implementation of the Hague Agreement, which provides an international design patent application (IDA). U.S. patent attorneys have now had one year of access to the Hague System. It is important to review and leverage the lessons that have been learned.

Under the Hague Agreement, applicants may apply for design protection by filing a single, standardized IDA in a single language. Applicants will see cost savings and an additional year of protection, and will enjoy provisional rights in the U.S.

However, filing under the Hague Agreement is not without its challenges. For example, there is no universal drawing standard and countries have different requirements. Patent counsel must understand the IDA process and its benefits and risks to carefully evaluate and determine whether to file an IDA under the Hague Agreement.

Listen as our authoritative panel of patent attorneys discusses the Hague Agreement and its impact on design patents. The panel will examine how things have worked over the first year that U.S. applicants have access to the Hague System. The panel will also offer best practices for filing design patents.

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Outline

  1. USPTO final rules implementing the Hague Agreement
  2. Lessons learned over the first year of access to the Hague System
  3. Pitfalls and how best to avoid or overcome them
  4. Best practices for filing international design patent applications

Benefits

The panel will review these and other key issues:

  • What are the advantages and disadvantages of utilizing the IDA under the Hague Agreement?
  • What are the lessons that have been learned over the first year that U.S. applicants have had access to the Hague System?
  • What best practices should counsel employ when filing an international design patent application?

Faculty

Betty Berendson
Betty Berendson

Senior Information Officer, The Hague Registry, Brands and Designs Sector (BDS)
World Intellectual Property Organization

Ms. Berendson has participated as a speaker in several seminars and workshops relating to international trademarks,...  |  Read More

Tracy-Gene G. Durkin
Tracy-Gene G. Durkin

Director
Sterne Kessler Goldstein & Fox

Ms. Durkin leads the firm’s Mechanical Patent and Trademark Group. With over 20 years of experience...  |  Read More

David R. Gerk
David R. Gerk
Patent Attorney, Office of Policy and International Affairs
U.S. Patent and Trademark Office

Mr. Gerk advises the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and...  |  Read More

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