What constitutes a “real and effective industrial or commercial establishment” for filing an international design application?

The concept of a “real and effective industrial or commercial establishment” is mentioned in MPEP 2904 as one of the criteria for eligibility to file an international design application. The MPEP states:

“Any person that … has a real and effective industrial or commercial establishment in the territory of a Contracting Party, shall be entitled to file an international application.”

While the MPEP doesn’t provide a specific definition, this generally refers to a genuine and active business presence in a Contracting Party’s territory. Factors that might be considered include:

  • Physical business location
  • Ongoing business activities
  • Employees or staff
  • Commercial transactions
  • Manufacturing or production facilities

It’s important to note that this is distinct from a mere postal address or nominal office. The establishment should demonstrate a real connection to the Contracting Party’s territory.

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Topics: MPEP 2900 - International Design Applications, MPEP 2904 - Who May File An International Design Application, Patent Law, Patent Procedure
Tags: Commercial Establishment, Hague Agreement, Industrial Establishment, International Design Application, Patent Eligibility