Declarations under the Hague Agreement Made by the United States of America

The Geneva Act of the Hague Agreement, and the declarations

made thereto, took effect with respect to the United States on May 13, 2015.

Pursuant to Article 5(2)(a) and Rule 11(3), the United

States declared that an international design application designating the United States must

contain a claim and that the specific wording of the claim shall be in formal terms to the

ornamental design for the article as shown, or as shown and described. See

37 CFR

1.1021(d)

and

MPEP § 2909

, subsection IV.

Additionally, pursuant to Rule 8(1), the United States declared that an international

design application designating the United States must also contain an oath or declaration

of the creator and indications concerning the identity of the creator.

Id.

Pursuant to Article 11(1)(b), the United States declared that

where the United States is designated in an international design application, it is not

possible for an applicant to request the deferment of publication of the ensuing

international registration.

Pursuant to Article 13(1), the United States declared that

only one independent and distinct design may be claimed in a single application. See

MPEP §§

2920.05(b)

and

1504.05

.

Pursuant to Rule 18(1)(b), the United States declared that

it is extending the time period within which to provide a refusal (12 months) and when the

international registration shall produce effect as a grant of protection. The United States

provides industrial design rights through USPTO issuance of a U.S. design patent. See

35 U.S.C.

171-173

and

389

and

MPEP §§ 2920.05(a)

and

2950

.

Pursuant to Article 7(2) and Rule 12(3), the United States

declared that the prescribed designation fee referred to in Article 7(1) shall be replaced

by an individual designation fee that is payable in a first part at filing and second part

payable upon allowance of the application. See

MPEP §§ 2910

and

2920.06

. The amounts of the first and second part individual

designation fees are subject to future changes. See Article 7(2)

le 12(3), the United States

declared that the prescribed designation fee referred to in Article 7(1) shall be replaced

by an individual designation fee that is payable in a first part at filing and second part

payable upon allowance of the application. See

MPEP §§ 2910

and

2920.06

. The amounts of the first and second part individual

designation fees are subject to future changes. See Article 7(2).

Pursuant to Rule 13(4), the United States declared that the

period of one month referred to in Rule 13(3) shall be replaced by a period of six months

with respect to the United States in light of the security clearance required under United

States law.

Pursuant to Article 16(2), the United States declared that

changes in ownership recorded by the International Bureau pursuant to Article 16(1)(i) must

be recorded with the USPTO through submission of documentation supporting that change in

ownership to have effect. See

35 U.S.C. 261

and

MPEP §§ 301-302

.

Pursuant to Article 17(3), the United States declared that

that the maximum duration of protection for designs is 15 years from grant.

35 U.S.C.

173

.

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