What is the examination process for international design applications designating the United States?

International design applications designating the United States are examined pursuant to title 35, United States Code. The examination process is generally similar to that of design applications filed under 35 U.S.C. chapter 16, with a few key differences:

  • The Office sends a Notification of Refusal to the International Bureau for forwarding to the holder of the international registration if conditions for patent grant are not met.
  • Upon patent issuance, the Office sends a statement of grant of protection to the International Bureau.

As stated in the MPEP: While there is substantial overlap in examining practices with respect to international design applications designating the United States and design applications filed under 35 U.S.C. chapter 16, there are also differences.

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Topics: MPEP 2900 - International Design Applications, MPEP 2920.05 - Examination, Patent Law, Patent Procedure
Tags: international design applications, Notification Of Refusal, Statement Of Grant Of Protection, USPTO