Can a Statement of Grant of Protection be issued for only some designs in an international registration?

Yes, a Statement of Grant of Protection can be issued for only some of the designs in an international registration. This situation is specifically addressed in the Manual of Patent Examining Procedure (MPEP) 2940, which cites Hague Rule 18bis(1)(b)(iii):

“Where the statement does not relate to all the industrial designs that are the subject of the international registration, those to which it relates,”

This provision allows for scenarios where:

  • Some designs in the international registration meet the requirements for protection while others do not.
  • The applicant has withdrawn certain designs from consideration in a specific jurisdiction.
  • Only certain designs are eligible for protection under the laws of the designated Contracting Party.

In such cases, the Statement of Grant of Protection will clearly indicate which specific designs are granted protection. This flexibility allows for partial protection of an international design application, reflecting the outcome of the examination process or the applicant’s strategic decisions in different jurisdictions.

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Topics: MPEP 2900 - International Design Applications, MPEP 2940 - Statement Of Grant Of Protection, Patent Law, Patent Procedure
Tags: Hague Agreement, international design applications, Partial Protection, Statement Of Grant Of Protection, USPTO, Wipo