The proposed Design Law Treaty is a formalities treaty that would require contracting parties—that is, the countries and other intergovernmental organizations that accede to the treaty—to adhere to certain requirements with respect to the formalities associated with applications for the protection of industrial designs.
If adopted, the Design Law Treaty will provide for a more streamlined, harmonized process for filing and protecting design rights around the world. The draft text of the treaty sets forth maximum formalities requirements that contracting parties can impose on design applicants and owners. Examples of its provisions include:
- Limits on the requirements that contracting parties can impose as a condition for granting design application filing dates to applicants
- Requirements that contracting parties provide design applicants with certain flexibilities, including flexibilities for applicants who miss a time limit during the application process or who unintentionally allow the registration to lapse
- Requirements that contracting parties must allow design applicants to correct or add a priority claim to an application in certain circumstances
- Requirements that contracting parties provide for a grace period during which public disclosure would not affect novelty or originality requirements for obtaining the right
- Limits on the requirements that contracting parties may impose as to when applicants can be required to obtain local representation to take an action before the local office.
Request for public comments
A Federal Register Notice (FRN) was published in March 2024. The FRN requested public comments on negotiations at the World Intellectual Property Organization (WIPO) regarding a proposed Design Law Treaty (DLT). Written comments in response to the FRN inquiries were accepted until June 25, 2024.
Riyadh diplomatic conference
2024 Riyadh Diplomatic Conference
Riyadh, Saudi Arabia will host a 2024 Diplomatic Conference to conclude and adopt a Design Law Treaty. The Diplomatic Conference represents the final-state treaty negotiation. The United States Patent and Trademark Office leads the U.S. delegation in consideration of the draft treaty at the World Intellectual Property Organization (WIPO).
In preparation for the Diplomatic Conference, the United States and other countries discussed the draft text of the proposed treaty’s articles and rules in October 2023 at a Special Session. In addition, WIPO hosted a meeting to discuss the modalities of the Diplomatic Conference. The Diplomatic Conference is scheduled to be held November 11–22, 2024. For more information, visit the WIPO website.