Hague Agreement Priority

If the priority is claimed, the name of the Agency with which the previous request was made must be indicated with the number of the previous application (if available) and the day of the previous application (in the agenda, month and year). A priority right to an earlier international industrial design application should be indicated by the International Office as the Office of Previous Applications and provide the number of the previous application either by the international registration number or by the filing number assigned by the International Office6 (nine-digit number or “WIPO” – number). If the priority is claimed from more than one previous request and not all relevant information can be taken into account in the intended space, (unless a self-produced form is used) must be shown in point 13 and indicate the rest on a continuation sheet. In accordance with Article 6 of the 1999 Act, the priority of an earlier application may be claimed on the basis of a first national or regional request in one of the States Parties to the Paris Convention or in a member of the World Trade Organization (or a first international application); where applicable, where new contracting parties join the Hague system and the applicant wishes to use the Hague system to extend to these new contracting parties the protection of a commercial design subject to an earlier international application, provided that the international application is filed within six months of the date of the earlier application. Priority can only be claimed at the time of international demand. Information about the Hague system, including geographic coverage and a user guide, can be found on WIPO`s website www.wipo.int/hague/en/. Yes, a right to a foreign priority may be added to an international design application during the U.S. review phase, in accordance with the provisions of 37 CFR 1.55 (m). In some cases, it may be requested that the publication of the designs be postponed for up to 30 months from the date of filing or, if the priority is claimed, from the priority date. However, some contracting parties have a shorter deferral period and others do not allow for a postponement at all. The designation tax for the United States benefits from a 50% discount for small businesses and a 75% discount for micro-enterprises. In this context, field 18 of Form DM/1 provides for the status of small and small businesses for the purpose of reducing the U.S. identification fee.

To obtain the discount for micro-enterprises on the U.S. identification fee, it is necessary to submit a certification of the status of the micro-enterprise. Appendix IV of Form DM/1, available at www.wipo.int/hague/en/forms/, provides for the presentation of a certificate on the status of micro-enterprises. If the previous application does not apply to all designs of the international application, the applicant should indicate the designs for which priority is claimed. This should be made by referring to the numbers of the designs in question. If no indication is made in this part of item 13, the International Bureau considers that the priority concerns all designs. The temporary protection of designs exhibited at certain exhibitions may be invoked in accordance with Article 11 of the Paris Convention. If the international application intends to claim an exposure priority, the applicant should indicate this by checking the corresponding box at point 14 of the international application form. The International Office provides an online tool, the Hague System Calculator, to help the applicant calculate WIPO`s corresponding application fees. The hague system`s computing tool is available in www.wipo.int/hague/en/fees/calculator.jsp. Applicants may also consider creating a current account with WIPO and include the authorization in the tax payment section of form DM/1, which orders the International Bureau to charge the necessary fees on the wiPO current account.