Appearance patent how to carry out overseas layout?

 

 

The main options for appearance patents to enter overseas markets are as follows:

 

1.Apply directly in the target country or region

   The innovation subject may directly submit an application for a design patent at the intellectual property office of the target country or region. This approach requires understanding and adherence to the specific application requirements and procedures of each country or region, which may involve language translation, preparation of application documents, hiring of local agents, etc.

 

2.Through the Hague Agreement (Hague Agment)

   China has2022Accession to the Hague Agreement in, innovative subjects can seek design protection in multiple contracting countries or regions by submitting an international application through the Hague system. This approach simplifies the application process and allows you to obtain protection in multiple countries by submitting a single application. There are certain fees to be paid during the application process, including international registration fees, publication fees and possible separate designation fees.

 

3.Use of bilateral or multilateral agreements

   Bilateral or multilateral agreements on intellectual property protection exist between China and some countries or regions, and these agreements may contain provisions on design patent protection. Innovative subjects may seek protection in these countries or regions in accordance with the provisions of these agreements.

 

When choosing a scheme, the innovation subject needs to consider the characteristics of the target market, application cost, protection scope, legal risk and other factors, and sometimes it may be necessary to combine multiple schemes to achieve the best protection effect.

 

So today also introduce to youWhat is the Hague Agreement?What are the advantages of the Hague Agreement?What?

《SeaThe Dental Agreement was adopted to the World Intellectual Property Organization (WIPO) The International Bureau submits an international application and designates the contracting states that need to enter, I .e. the applicant can obtain design protection in multiple designated contracting states without having to file a separate national application in each country, thus avoiding the inconvenience caused by different procedures and language differences in various countries and saving time and money for users.

1.Hague Application Process

aFormal Review:After the registration of an international application, the International Bureau will examine the formal requirements of the design, but not the novelty and inventive step. The content of the formal examination includes, for example, the designation of the State party, the quality of the picture, the payment of official fees, etc. If there is any non-compliance, the applicant will be notified and requested3correction within a month.

bInternational publication:After all forms are required,WIPOA certificate of international registration will be issued andWIPOIt is published on the website, which is normally on the international registration date.12months later, the International Design Registration will be published in the International Design Bulletin(IDB)published on. Note: Applicants can also choose according to actual needs immediately after registration (1/4months) or at a selected time (standard or delayed).

cSubstantive examination (States Parties):When the international appearance registration has been published, the patent office of the designated Contracting State may conduct a substantive examination of the international appearance registration to determine whether the design meets the requirements of its domestic law, such as whether it includes a description of the picture, whether it is novel and does not violate social morality, etc. Each Contracting State shall have the right to reject the design in its own territory and, as of the date of publication of the international registration,6Notification within monthsWIPO,WIPOnotify the applicant that his or her design protection has been rejected by that State Party.

In other words, failure to receive a notice of rejection from a Contracting State within the above-mentioned period means that the international appearance registration is automatically granted protection in that Contracting State.

Upon receipt of the notice of rejection, the applicant may file an objection (amendment or statement) with the Patent Office of the Contracting State concerned to overcome the issue raised by that Contracting State. If the conditions of the application of the Contracting State are still not met, it will be rejected by the Contracting State, but the rejection of a Contracting State will not affect the effectiveness of the international appearance registration in other Contracting States.

dRenewal:The initial term of protection under the Hague system is5At the end of the year, if the applicant wishes to continue to protect this application, he or she may apply toWIPOApply for renewal. Applicants per5Renewal once a year to guarantee at least15years of protection. Individual States Parties may permit longer periods of protection under their domestic law.

 

2.A number of designs applied for in The Hague

An applicant may include multiple designs in one international application (not exceeding100 item), provided that these designs belong to the same general category of the Locarno classification.

However, the Office of some Contracting Parties may reject the validity of an international registration containing multiple designs because of the requirements of their domestic law for the singularity of the design or related designs. At this point, we need to delete or divide the multiple designs of the application.

In the case of the application of the relevant design concept, failure to identify the main design and its related designs in the international application may lead to rejection by the Offices of the two Contracting Parties. It should be noted that the indication of the main design and related designs in the international application, when in fact they are not considered to be approximate, may also lead to rejection. However, there is no need to worry too much about this, and such rejections can be overcome by providing the relevant office with missing explanations or procedures to correct incorrect explanations.

 

The advantages of the Hague Agreement include the following:

 

1.Wide global coverage

   The Hague Agreement currently has79Members, including96countries and some regions. Through the Hague Agreement, design rights holders can choose the countries or regions that need protection among these members, greatly simplifying the process of design protection in multiple countries.

 

2.Streamlining of procedures

   The Hague Agreement allows an international application to contain up100This means that design rights holders can obtain design protection in multiple countries through a one-time application process, greatly reducing the workload and complexity of the application.

 

3.Affordable

   A single application framework helps save time and money. Compared with submitting applications in each country separately, the unified application process of the Hague Agreement can reduce duplicate costs and administrative expenses, especially when multiple countries are designated, which is more cost-effective.

 

4.Centralized management

   International registrations obtained through the Hague Agreement may be registered at the World Intellectual Property Organization (WIPO) for centralized management. This includes renewing, changing the right holder, abandoning the design and other operations, providing convenience for the design right holder.

 

5.Review speed advantage

   The Hague Agreement provides that the designated office shall, for a specified period of time (usually6months or12months, depending on the particular Contracting Party) where no notice of rejection has been given, design protection is deemed to have been obtained in that Contracting Party. This mechanism speeds up review and helps design rights holders to obtain protection in the target market more quickly.

 

6.strong adaptability

   The Hague Agreement allows design rights holders to choose the most appropriate protection strategy on a case-by-case basis. For example, the designated country can be selected based on commercial needs, or the number of designs included in the application can be adjusted based on budget and protection needs.

 

7.Flexible protection period

   The initial period of protection under the Hague system is5years, after which two renewals can be made, ensuring that at least15years of protection. The laws of some Parties may allow for longer periods of protection, giving design rights holders greater flexibility.

 

The Hague Agreement provides an efficient, cost-effective and easy-to-administer solution for the international protection of designs, especially for design owners and businesses that want to place IP protection on a global scale.