Can examiners object to reproductions in published international registrations?
Generally, examiners should not object to reproductions that were published as part of an international registration on formal grounds. The MPEP 2920.04(b) states:
“Reproductions published as part of the international registration have been reviewed by the International Bureau for compliance with the formal requirements of Hague Agreement Rule 9 and Part Four of the Administrative Instructions and thus should not be objected to by the examiner on such grounds.”
However, if amended reproductions are submitted directly to the USPTO, these may be subject to objection under 37 CFR 1.1026 if they fail to comply with formal requirements.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920.04(B) - Reproductions (Drawing Figures),
Patent Law,
Patent Procedure