What is considered a “national application” and “nonprovisional application” in the context of international design applications?

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.

In the context of international design applications, the terms “national application” and “nonprovisional application” have specific definitions according to USPTO rules:

• National Application: As per 37 CFR 1.9(a)(1), this includes an international design application filed under the Hague Agreement where the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10.
• Nonprovisional Application: According to 37 CFR 1.9(a)(3), this term also includes an international design application filed under the Hague Agreement where the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10.

The MPEP further clarifies: “An international design application filed under the Hague Agreement in which the Office has received a copy of the international registration pursuant to Hague Agreement Article 10 is also referred to herein as a ‘nonprovisional international design application’.”