37 CFR § 1.1071 — Grant of protection for an industrial (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.1071 Grant of protection for an industrial
This page consolidates MPEP guidance interpreting 37 CFR § 1.1071, including 4 rules 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.
Summary
The United States grants protection for an international industrial design exclusively through the issuance of a patent under 35 U.S.C. 389(d).
What this section covers
- Mechanism for granting protection to international industrial design registrations in the United States.
- Legal pathway for international design protection through patent issuance.
Key obligations
- Protection is contingent upon formal patent issuance, not just international registration.
- Comply with specific requirements for design patent protection under the Hague Agreement.
Practice notes
- International registration alone does not guarantee US design protection.
- Obtaining a US patent is critical for full legal protection of an international industrial design.
Official MPEP § 1.1071 — Grant of protection for an industrial
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.1071 Grant of protection for an industrial design only upon issuance of a patent.
A grant of protection for an industrial design that is the subject of an international registration shall only arise in the United States through the issuance of a patent pursuant to 35 U.S.C. 389(d) or 171 , and in accordance with 35 U.S.C. 153 .
[Added, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]
- International Design
- Hague Principles
- Ida Requirements
- Ida Title Description