The USPTO’s decision to end the design patent “rocket docket” has raised questions about how companies can continue to secure design rights at the pace of commercial reality. For businesses operating across borders, timely protection is particularly important in sectors where product appearance drives consumer preference and fuels imitation. While the U.S. rocket docket is no longer available, several avenues remain domestically and internationally for expediting design filings.
US Pathways for Accelerated Design Protection
The Accelerated Examination program is available for design applications, distinguishing them from utility applications where comparable acceleration has become more constrained. In addition, design applications can be “made special” under MPEP 708.02(a) if an inventor is over 65 years of age or has a qualifying health condition. Both options allow applicants to shorten pendency and align protection with launch timelines.
European Union Fast-Track Design Registration
In the EU, registered Community designs filed with the EUIPO can often be secured within days, making them a strategic complement to U.S. filings. Companies with cross-border launches should consider pairing expedited U.S. design protection with EU registrations to ensure parallel protection in major consumer markets.
Asia-Pacific Design Patent Acceleration
In Japan, design applications may be accelerated under specific programs where the applicant has a legitimate need for quick rights, such as active enforcement or licensing. Similarly, China has emphasized more efficient examination of design patents in line with its growing role in global manufacturing and consumer goods, although pendency can still vary.
Strategic Implementation for Global Design Protection
Even with the end of the rocket docket, companies have multiple options for obtaining design rights rapidly. In practice, a layered strategy—combining U.S. acceleration programs with quick-grant regimes in the EU and select Asian jurisdictions—can provide an effective shield against fast-moving competitors.
Businesses should evaluate how design rights fit into their broader patent and IP enforcement plans, ensuring that aesthetics-driven innovation is protected in the markets where it matters most. The most successful design patent strategies anticipate product launch timelines and coordinate filings across multiple jurisdictions to create comprehensive protection before competitors can respond.
Companies operating in fast-moving consumer sectors should particularly focus on jurisdictions where design copying is prevalent and enforcement mechanisms are robust. This strategic approach ensures that valuable design investments receive adequate legal protection throughout the product lifecycle.
Need help building or expanding your design patent portfolio? We advise brands, manufacturers, and IP owners on global design protection strategies, including accelerated filing programs and cross-border enforcement coordination. Contact us at CrossBorder IP to schedule a consultation and secure your design rights across key markets.