How does the USPTO process international design applications designating the United States?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The United States Patent and Trademark Office (USPTO) processes international design applications designating the United States as follows:
- The USPTO examines the application according to U.S. law, as stated in 35 U.S.C. 389(a).
- No additional submissions are required from the applicant to initiate examination.
- Published international design registrations designating the U.S. are automatically received from the International Bureau.
- The USPTO establishes an application file for examination upon receipt of the publication.
- A filing receipt is sent to the applicant with relevant application data.
As stated in the MPEP: “The Office will examine an international design application designating the United States pursuant to Title 35 United States Code. See 35 U.S.C. 389(a). An applicant does not need to file any submissions with the Office to initiate examination of an international design application designating the United States.”
Topics:
MPEP 2900 - International Design Applications
MPEP 2920 - National Processing Of International Design Applications Designating The United States
Patent Law
Patent Procedure