How do you obtain foreign design protection?
To acquire protection for your design in foreign countries, it is crucial to follow the appropriate steps. Here's a revised version of the information:
If you are interested in obtaining foreign design protection, there are certain steps you need to take. Firstly, it is important to determine if your invention qualifies for foreign patent protection. Keep in mind that unlike the United States, many foreign countries require you to establish a patent priority date before disclosing your invention publicly. Failure to do so may render you ineligible for foreign patent protection.
If you are considering foreign design patents, it is advisable to assess whether your design has been publicly disclosed prior to filing your earliest patent application for that design. Public disclosure before securing the patent priority date could potentially impact your eligibility for foreign patent protection.
If you require assistance with obtaining a foreign design patent, feel free to reach out to us at daeilpat@gmail.com. You can contact us to request a flat rate cost estimate for filing your foreign design application.
The Importance of Obtaining Foreign Design Protection: Advantages and Benefits Explained
If your primary focus is selling your products exclusively in your country (e.g., the US), you might wonder about the significance of filing foreign design applications. However, there are several benefits to obtaining foreign design protection, even in such cases. One significant advantage is the ability to prevent the production of counterfeit products in foreign countries.
There is a potential risk that competitors may attempt to create knockoff products in other countries. By securing foreign design protection, you can mitigate this risk and take legal action against those who infringe upon your design rights. This allows you to safeguard your unique designs and maintain a competitive edge in the market.
Even if your products are relatively simple or easily replicable, filing counterpart design patent applications in other countries can offer additional protection. It helps ensure that your design rights are recognized internationally, strengthening your ability to enforce them and deterring potential imitators.
Therefore, by pursuing foreign design protection, you can effectively deter copycat products, safeguard your intellectual property, and maintain a strong market position, even if your primary focus is domestic sales.
Foreign Design Application Deadline
The deadline for filing a foreign design application to claim the benefit of your earlier home country filing date is typically 6 months. If more than 6 months have elapsed since your home country filing date, you may still be able to file foreign design applications without the priority claim, provided you have not made any public disclosures.
How much will a foreign design patent application cost?
The cost of a foreign design patent application can vary based on the specific requirements and fees of each country. The initial filing costs will differ depending on the jurisdiction you are applying to. To obtain detailed information about the cost of applying for foreign design patents in different countries, it is recommended to get in touch with us. By contacting DAEILPAT, we can provide you with the specific overseas design application fees and any other relevant information you may require.
What is the Hague Agreement?
The Hague Agreement is an international treaty that allows applicants to file a single design patent application and seek protection in multiple member countries. Similar to the Patent Cooperation Treaty (PCT) for patents and the Madrid Protocol for trademarks, the Hague Agreement streamlines the process of obtaining design protection in foreign countries. Previously, applicants had to file separate design patent applications in each desired foreign country.
Under the Hague system, international design patent applications are generally published six months after the filing date. This provides applicants with provisional rights that can predate the grant date, but only for a single embodiment of the design.
One of the significant advantages of the Hague Agreement is the potential cost savings. Applicants can bypass the need to engage individual foreign counsel for the initial filing, resulting in reduced legal fees. For applicants who have applied for a design in Korea, there is the option to file electronically through the KIPO (Korean Intellectual Property Office) website.
However, it's important to note that the substantive examination of a design patent application will still be subject to the specific rules and rejections of each member country or region.
Are you looking to protect your design in foreign countries?
We can assist you with filing design applications in your desired foreign countries. Contact us at daeilpat@gmail.com, and we will provide you with a flat rate cost estimate for your design application filings.
Whether you need design patent protection or have any inquiries, feel free to reach out to us. We are here to help you navigate the process of obtaining design protection internationally.
If you have any questions or needs related to this, please feel free to contact us.
