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Questions and answers on Hague Process practice

Release Time：

2022-05-17

Issued by the State Intellectual Property Office

Questions and answers on Hague Process practice

1. What are the ways to submit an international design application?

The applicant shall submit the international design application directly to the International Bureau.

If at least one applicant has a habitual residence or place of business in China and has chosen China as the Contracting Party of the applicant, the applicant may also choose to transmit the International design application document to the International Bureau through the State Intellectual Property Office, but please note that the application document should be written in English.

Where an international application for design is transmitted through the State Intellectual Property Office, subsequent other documents shall be submitted directly to the International Bureau.

2. How to submit an international design application to the International Bureau?

An international design application may be submitted via the International Bureau's electronic Application platform eHague (available at https://hague.wipo.int for detailed instructions in the International Bureau's User Guide to The Hague) or by paper mail to the International Bureau (mailing address: World Intellectual Property Organization, 34, chemin des Colombettes, P.O. Box 18, 1211 Geneva 20, Switzerland).

3. What documents are required to transmit an international design application through the State Intellectual Property Office?

(1) DM/1 table

Form DM/1 is a request form developed by the International Bureau of the World Intellectual Property Organization (WIPO) for the submission of an international design application. It contains the applicant, eligibility for application, means of communication, designated Contracting Party, brief description, claims, design number, design name, designer, priority information, no loss of novelty grace information, fee calculation, signature and other information.

At the same time, the DM/1 table can also contain attachments I to V. Annex I is the designer's declaration of eligibility (which should be submitted if the United States is designated), Annex II is the document regarding the absence of an exception to novelty (which may be submitted if China, Japan and/or Korea are designated), and Annex III is the determination of information known to qualify for protection of the design in question (if the United States is designated, This document can be submitted), Annex IV is the proof of certification of the micro entity requesting a waiver of the separately designated fee (this document can be submitted if the United States is designated), and Annex V is the proof of priority (this proof can be submitted if China, Japan and/or Korea are designated).

The International Bureau has prepared a title page table for annexes I to V. When used, it is recommended to fill in and attach the corresponding document, and submit it together with the DM/1 form as an attachment.

Applicants can download the latest version of the DM/1 form from the Hague section of the International Bureau website, and the specific requirements for completing the form can be found in the User Guide on the International Bureau website.

(2) Pictures or photos

A picture or photograph of an industrial design is referred to as a copy of an industrial design in the Hague System and is a necessary document for an international application for a design. The International Bureau does not provide a special form for the preparation of this document, the applicant can use the international design application picture or photo template provided by the State Intellectual Property Office, and convert to PDF format.

For specific requirements regarding images or photographs, refer to the relevant provisions of Part IV of the Applicable Administrative Instructions formulated by the World Intellectual Property Organization.

(3) Chinese Information Table Chinese information table

It is mainly used to record the necessary information of the applicant and the designer, especially for the contact between the State Intellectual Property Office and the applicant.

(4) Other supporting documents

Other documents submitted by the applicant together with the above documents at the time of the application may be submitted as "other supporting documents".

4. How can I submit an international design application through the State Intellectual Property Office?

(1) Electronic submission

First of all, the user can register through the link provided by the Hague column on the website of the State Intellectual Property Office. After registration, the user can submit the DM/1 form in PDF format, pictures or photos, and other supporting documents through the electronic entrance of the International Design Application, and fill in the Chinese information form.

If it is necessary to submit Attachments I-V to DM/1, the relevant attachments can be submitted separately as "Other supporting documents" in PDF format along with the DM1 form.

(2) Paper submission

The applicant shall print the relevant documents of the international design application on paper and mail them to the Acceptance Office of the Patent Office of the State Intellectual Property Office or submit them in person to the acceptance window of the Patent Office of the State Intellectual Property Office. The representative offices set up by the Patent Office of the State Intellectual Property Office in various places do not receive international design application documents for the time being.

(3) Special reminder

If an international application for design is submitted through the State Intellectual Property Office, no matter whether it is submitted electronically or on paper, it cannot enjoy the preferential fee for electronic application, and the applicant shall pay the fee amount in accordance with the relevant standards for paper application. For example, if the design picture or photo is multiple pages, a surcharge will be paid.

5. What are the fees to be paid in the international design application stage?

International design applications are subject to a basic fee at the application stage (CHF 397 for one design, CHF 19 for each additional design), a publication fee (CHF 17, or CHF 150 for each additional page of a picture or photograph if it exceeds one page), a description surcharge (depending on the number of words in the brief description, 2 CHF per word after 100 words) and pay the appropriate standard designation fee or a separate designation fee according to the circumstances of the designated Party.

For specific fee amounts, please refer to the schedule of fees attached to the Common Rules for the 1999 and 1960 Acts, as well as to the individual fee amounts designated by the Parties concerned as published by the International Bureau. By the international bureau cost calculator (https://www.wipo.int/hague/en/fees/calculator.jsp) can be convenient calculation amount payable.

6. Can the individual designation fee for designated China be reduced?

As the "Patent Fee Reduction Measures" is in the process of revision, the current designation of China's separate designation fees cannot be reduced for the time being.

7. How to pay the international design application fee?

The fee of international application for design cannot be paid through the State Intellectual Property Office for the time being, and should be paid directly to the International Bureau in three ways:

(1) from the opening of current account in the international bureau withdraw (you can also use the electronic payment service of WIPO E - payment, through the current account pay cost, https://webaccess.wipo.int/epayment).

(2) through a Swiss Post account or into any designated bank account of the International Bureau;

(3) Payment via the online payment system provided by the International Bureau. At the time of payment, the purpose of payment must be explained, as well as the relevant application or registration information. If the relevant fees are paid at the application stage, the name or name of the applicant and the name of the design shall be stated; If the application has been registered internationally and the relevant fees are paid thereafter, the name of the right holder and the international registration number should be stated.

Please note that only Swiss francs are accepted by the International Bureau and no other currencies are accepted.

8. What may I do after the publication of the international registration?

After the publication of the international registration, the Hague International registration in designated China will automatically enter the Chinese national procedure, and the applicant does not need to go through the entry formalities. Depending on the specific circumstances of the case, it may be necessary to submit a certificate that the novelty grace period is not lost or take the initiative to file a subdivision application within 2 months from the international publication date, or it may be necessary to take the initiative to submit a copy of the prior application documents, pay the priority claim fee, and submit the priority transfer certificate within 3 months from the international publication date.

9. How can I change my rights to the Hague International Registration?

The change of rights in the Hague International registration shall be registered directly with the International Bureau by submitting Form DM/2 with the necessary supporting documents and a change fee of 144 Swiss francs. If the formalities are satisfactory, the International Bureau shall register the change in the International Register and notify both the new and the original registrant.

For the change of rights designated in China, the parties shall, in addition to the relevant procedures to the International Bureau, submit supporting documents to the Patent Office in accordance with the Rules for the implementation of the Patent Law. If the certification document is in a foreign language, the Chinese title translation shall be attached at the same time. If no supporting documents are submitted or the supporting documents fail to be submitted, the Patent Office shall notify the International Bureau that the change of rights is not effective in China. Thereafter, the parties may continue to submit documents evidencing the change of rights to the State Intellectual Property Office. After the examination, the State Intellectual Property Office will notify the International Bureau, and the International Bureau will declare the change of rights effective in China.

10. If the international design application submitted by a foreigner is designated in China, is it necessary to entrust a Chinese patent agency?

Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business establishment in China shall entrust a patent agency established according to law in China if they need to handle matters relating to the state procedures for the entry of an international application for design into China, such as responding to a notification or taking the initiative to go through legal procedures. If the international application for design is directly authorized in China, and the examination process does not require the applicant to go through relevant procedures, there is no need to entrust.

11. How to review an international design application after it enters China's national procedures?

After an international design application enters the Chinese state procedure, the State Intellectual Property Office shall examine it in accordance with the requirements of the Chinese Patent Law, its implementing rules and the Patent Examination Guidelines. If, after examination, the conditions for authorization are not met, the State Intellectual Property Office shall, within 12 months from the date of publication of the international registration, issue a Notice of rejection to the International Bureau, and if no grounds for rejection are found, issue a Declaration granting protection to the International Bureau, which shall send the above-mentioned notice to the applicant.

The applicant shall submit a reply to the State Intellectual Property Office within the time limit specified in the Notice of Rejection, and shall go through the formalities of agency when necessary.

Where the patent right is granted after no reason for rejection has been found or the defects specified in the rejection notice have been overcome, the State Intellectual Property Office shall make an authorization announcement. The Hague International registration shall be effective in China as of the date of the announcement of authorization.

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