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ARTICLE · 13 MAY 2015

Beware Change To RCE Practice Hidden In USPTO's Final Rules For Hague Agreement Implementation

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Summary: Effective May 13, 2015, a US national stage application for which an inventor's oath or declaration (or substitute statement, as applicable) has not been filed is not eligible for an RCE filing.

United StatesIntellectual Property
Mary Scozzafava, Ph.D.
Mary Scozzafava, Ph.D.
Benjamin Fernandez
Benjamin Fernandez
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Summary: Effective May 13, 2015, a US national stage application for which an inventor's oath or declaration (or substitute statement, as applicable) has not been filed is not eligible for an RCE filing.

On April 2, 2015, the US Patent and Trademark Office (USPTO) published its final rules for implementation of the Hague Agreement Concerning International Designs (Final Rules). These rules finalize the framework for the United States' participation in this international design registration treaty. US companies will be able to file international design applications beginning May 13, 2015.

As was widely announced after the publication of the earlier Notice of Proposed Rulemaking (NPRM) on November 29, 2013, the implementation of the Hague Agreement will permit applicants to (1) file a single international design application with the USPTO as the "office of indirect filing," (2) designate multiple Hague Agreement member countries and pay filing fees for

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