How does the Statement of Grant of Protection differ from a patent grant?
While both a Statement of Grant of Protection and a patent grant indicate that protection has been granted for an industrial design, they serve different purposes and are issued in different contexts:
- Patent Grant:
- Is the official document issued by the USPTO that confers the legal right of the patent
- Provides detailed information about the granted design patent
- Is issued directly to the applicant or their representative
- Statement of Grant of Protection:
- Is a notification sent by the USPTO to the International Bureau (WIPO)
- Serves as a public notice through the International Designs Bulletin
- Is specific to international design applications under the Hague Agreement
As stated in MPEP 2940:
“The sending of such a statement is provided for under Hague Agreement Rule 18 bis and serves the purpose of providing notice to the public and third parties through publication of the statement by the International Bureau in the International Designs Bulletin that protection for an industrial design has been granted in the United States.”
In essence, while the patent grant is the primary legal document, the Statement of Grant of Protection is an additional step for international applications to ensure global recognition of the granted protection.
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