This page consolidates MPEP guidance interpreting PCT Article 12, including 27 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 – Transmittal of the International Application to the is a process under PCT Article 12 where offices of designated Contracting Parties may refuse industrial design protection if local requirements are not met.

What this section covers

• This section addresses the transmittal process and potential refusal of industrial design protection under Article 12 of the Hague Agreement.

Key obligations

• The Office of any designated Contracting Party may refuse industrial design protection if the conditions for grant under their law are not met.
• Practitioners must ensure the international application meets all local requirements of each designated Contracting Party to avoid refusal.
• Compliance with the Hague Agreement is necessary for industrial design protection to be granted.

Practice notes

• Review local requirements of each designated Contracting Party before transmittal to avoid potential refusal.
• Be aware that even if the international application is otherwise compliant, refusal may occur if local requirements are not met.

Related Provisions

• PCT Rule 22
• 37 CFR § 1.1063
• PCT Rule 9
• 35 U.S.C. § 361
• PCT Rule 14

Based on MPEP Last Modified: 10/30/2024 08:50:22