Can a U.S. applicant file an international design application directly with WIPO?

Can a U.S. applicant file an international design application directly with WIPO?

No, a U.S. applicant cannot file an international design application directly with the World Intellectual Property Organization (WIPO). According to MPEP 2905, “Applicants from the United States are not permitted to file international design applications directly with the International Bureau.” U.S. applicants must file through the USPTO, which acts as an office of indirect filing. This restriction is in place to ensure compliance with national security provisions and to maintain proper examination procedures.

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Topics: MPEP 2900 - International Design Applications, MPEP 2905 - Where To File An International Design Application, Patent Law, Patent Procedure
Tags: Indirect Filing, International Design Application, USPTO, Wipo