Introduction to the Hague System for Industrial Design Patent

I.      Key Features of the Hague System

The Hague System offers the following distinctive features:

1.     Unified Application for Multiple Designs: Under the Locarno Classification (LOC), applicants can submit a single international application covering up to 100 designs within the same category. This streamlines paperwork for applicants and facilitates efficient rights management.

II.     Application Procedure

(1)   Applicant Qualifications:

•Citizens of member countries

•Residency within the territory of a member country

•Establishment of a valid business presence within the territory of

  a member country

(2)   Application Fees:

•Basic fees

•Publication fees

•Standard designation fees (divided into 3 levels) or individual designation fees (according to the fee regulations of the designated member countries)

(3)   Language of Application (Choose one):

•English

•French

•Spanish

(4)   Patent Examination Process:

•Application Process

•Formal Examination

International registrations undergo a formal examination, wherein discrepancies in the documentation are addressed during a three-month correction period. Upon successful completion of the examination, the application details are announced. Failure to rectify within the correction period results in the application being deemed abandoned.

In certain circumstances, applicants, driven by operational considerations or strategic patent planning, can request a deferral of the publication date. However, this deferral must not exceed 30 months from the application date or priority date. The application's publication date provides three options:

1.     Typically, 12 months after the international registration date.

2.     Immediately after the international registration is recorded.

3.     A designated publication time, not exceeding 30 months.

•Substantive Examination:

    The World Intellectual Property Organization (WIPO) does not conduct substantive examinations. Instead, individual member countries perform substantive examinations based on their respective regulations. If an international application is found not to comply with the patent regulations of a designated member country, a rejection notice is issued to the applicant.

    The applicant is required to respond within 6 months from the international registration announcement (some member countries allow a 12-month window, such as China).

    The International Bureau then conveys the rejection notice from member countries to the applicant. Failure to inform the International Bureau of refusal within 6 months (or 12 months for certain member countries) is considered the international registration's "acquisition of protection" in the member countries.

    This dual-phase examination process ensures that design patent applications adhere to the specific regulations of each member country, providing a robust framework for the protection of industrial designs internationally.

(5)   International Priority:

•Within 6 months from the first filing date, with variations depending on member countries' regulations.

(6)   Patent Term and Renewal:

•    Minimum 15 years from the filing date, renewable every 5 years, not exceeding the patent protection period of member countries. Some member countries, such as the European Union, have a 25-year protection period.

III.    Practical Considerations in the Examination Process

•    Applicants filing directly have the international registration date equal to the application date. If submitted through member countries, the submission date is considered the application date, with any missing documents corrected on the correction date.

•    Starting from January 1, 2022, the publication period for Hague design registrations has been extended to 12 months from the application date.

•    The scope of patent protection and infringement claims is subject to the patent laws of individual member countries.

•    There are three options for the publication date of the application:

(1)   General practice: 12 months after the international registration date

(2)   Immediate publication after international registration

(3)   Selected publication time, not exceeding 30 months

Member Countries under the Hague System (as of October 2023)

The current scope of the Hague System encompasses the following 96 countries: China, Denmark, Ukraine, Armenia, Israel, Belize, the Russian Federation, Bulgaria, Croatia, Iceland, Liechtenstein, Canada, Ghana, Gabon, Hungary, North Macedonia, Botswana, Luxembourg, Kyrgyzstan, Turkmenistan, Turkey, Sao Tome and Principe, San Marino, Egypt, Tajikistan, Senegal, Serbia, Mexico, South Korea, Niger, Greece, Germany, Italy, Latvia, Norway, Moldova, Morocco, Monaco, the Holy See, Brunei Darussalam, Slovenia, Singapore, Japan, the Democratic People's Republic of Korea, Cambodia, Georgia, the European Union, Belgium, France, Poland, Bosnia and Herzegovina, Estonia, Jamaica, Switzerland, Belarus, Côte d'Ivoire, Tunisia, Lithuania, Namibia, Romania, the United States of America, the United Kingdom, Finland, Suriname, the Netherlands, Samoa, Portugal, Mongolia, Spain, Benin, Vietnam, Azerbaijan, Albania, the Syrian Arab Republic, Oman, OAPI countries such as Cameroon, Benin, Burkina Faso, the Central African Republic, Congo, Chad, Gabon, Guinea, Guinea-Bissau, Côte d'Ivoire (Ivory Coast), Mali, Mauritania, Niger, Senegal, Togo, Equatorial Guinea, Comoros, Mali, Montenegro, Mauritius, and Brazil.

Note: The information is accurate as of October 2023, and the list of member countries may be subject to change.