Who is eligible to file an international design application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.”

Topics: MPEP 2900 - International Design Applications MPEP 2904 - Who May File An International Design Application Patent Law Patent Procedure
Tags: Contracting Party, Eligibility, Hague Agreement, International Design Application, patent filing