How is inventorship determined in an international design application designating the United States?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

According to MPEP 2920.01, inventorship in an international design application designating the United States is determined based on the creator or creators listed in the publication of the international registration. Specifically, the MPEP states:

“Pursuant to 37 CFR 1.41(f), the inventorship of an international design application designating the United States is the creator or creators set forth in the publication of the international registration under Hague Agreement Article 10(3).”

This means that the inventorship is initially established by the information provided in the international registration, as published under the Hague Agreement.

Topics: MPEP 2900 - International Design Applications MPEP 2920.01 - Inventorship Patent Law Patent Procedure
Tags: Design Claim Form, Fees 1 17, Hague Definitions, Ida Inventorship