How do international design applications under the Hague Agreement differ from regular design patent applications?
International design applications filed under the Hague Agreement have some distinct features compared to regular design patent applications:
- They are governed by 35 U.S.C. chapter 38, which provides for international registration of industrial designs.
- Certain provisions of 35 U.S.C. chapter 16 (which governs regular design patents) are made applicable to international design applications. As stated in the MPEP, “See 35 U.S.C. 382(c), 383, and 389(b).”
- Specific rules in 37 CFR Part 1, Subpart I apply to international design applications.
- Some regulations that apply to regular design applications do not apply to international design applications. For example, 37 CFR 1.1061(b) states: “The provisions of § 1.74, § 1.84, except for § 1.84(c), and §§ 1.152 through 1.154 shall not apply to international design applications.”
However, it’s important to note that for substantive matters, international design applications are treated similarly to regular design applications. As per 35 U.S.C. 389(b), “All questions of substance and, unless otherwise required by the treaty and Regulations, procedures regarding an international design application designating the United States shall be determined as in the case of applications filed under chapter 16.”
For more detailed information on international design applications, refer to MPEP Chapter 2900.
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