What happens if an international design application does not comply with applicable requirements?
If an international design application does not comply with applicable requirements, including missing elements required under Article 5(2) of the Hague Agreement, the International Bureau will take specific actions. According to MPEP 2907:
“If the international design application does not comply with the applicable requirements, including any missing element required under Article 5(2), the International Bureau will invite the applicant to remedy the defect within a prescribed time limit. See Rule 14(1).”
The consequences of failing to comply with this invitation can be severe, particularly for designations of certain Contracting Parties:
“Where the defect relates to a missing requirement under Article 5(2), or to a special requirement notified to the International Bureau in accordance with the Regulations under the Hague Agreement (e.g., the requirement for an oath or declaration of the creator pursuant to Rule 8), the failure to timely comply with the invitation will result in the international design application being deemed not to contain the designation of the Contracting Party concerned. See Article 8(2)(b).”
Therefore, it’s crucial for applicants to promptly address any deficiencies identified by the International Bureau to avoid potentially losing designations in their international design applications.
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