1. Design Law 2018 Strategies for using the Hague System
Washington, DC October 24, 2018
Quan-Ling Sim Head, Operations Service The Hague Registry

2. Hague System Snapshot Complete filing to registration solution
Preserves the greatest number of protection options for applicants
69 Contracting Parties and counting
Recent accessions: Russian Federation, United Kingdom, Canada
Pipeline: Mexico, China, Israel, Viet Nam
One application, one set of requirements, one set of drawings (up to 100 designs), one set of fees

3. Hague System Main Features
Filing (indirect or direct), designation of Contracting Parties
Formalities(+) examination by the International Bureau
Registration
Publication (Immediate, Standard, Deferred)
Communication to National Offices
Refusal (primarily Examining Offices)
Statement of Grant of Protection (if not provided, right is automatic after refusal period)
Centralized management (transfer, changes, renewal)

4. Examination by the International Bureau (1)
Entitlement
Content
Number of designs, reproductions
Product indication
Classification
Description and legends
Creator (US requires oath or declaration)
Claim (US designation only)

5. Examination by the International Bureau (2)
Fees
Other formalities (e.g., supporting documents)

6. Best practices for US practitioners (1)
File direct with the International Bureau
Instead of indirect filing, file US first application and then Hague application claiming priority to US first filing
Document Upload (to be launched shortly)
Forms (prepare/sign electronically)
Other correspondence
Hague System accommodates US design practices (e.g., cross-section, enlarged, and exploded views)
Creator oath or declaration
Use text string signature “/ John Smith /”

7. Best practices for US practitioners (2)
Claim
Align with the product indication (in case of multiple products, include them all)
Classification
Avoid class 32 (graphic symbols, logos, surface patterns, ornamentation) if designating Japan or the Republic of Korea
Search Hague Express to obtain guidance on product indication and classification

8. Best practices for US practitioners (3)
Member Profiles Database
Electronic renewal
DAS - Digital Access Service for priority documents
No power of attorney required for applications filed on or after January 1, 2019
Fax discontinued as of January 1, 2019

10. Source: Internal WIPO statistics
* USPTO refusals on ground of Unity of Design per IR’s: 39,76 %
Source: Internal WIPO statistics