Who is eligible to file an international design application?
According to MPEP 2904, eligibility to file an international design application is determined by Article 3 of the Hague Agreement. An individual is eligible if they meet one of the following criteria:
- A national of a Contracting Party
- A national of a State that is a member of an intergovernmental organization that is a Contracting Party
- Has a domicile in the territory of a Contracting Party
- Has a habitual residence in the territory of a Contracting Party
- Has a real and effective industrial or commercial establishment in the territory of a Contracting Party
The MPEP states: “Any person that is a national of a State that is a Contracting Party or of a State member of an intergovernmental organization that is a Contracting Party, or that has a domicile, a habitual residence or a real and effective industrial or commercial establishment in the territory of a Contracting Party, shall be entitled to file an international application.”
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2904 - Who May File An International Design Application,
Patent Law,
Patent Procedure