MPEP § 2903 — Declarations under the Hague Agreement Made by the United States of America (Annotated Rules)
§2903 Declarations under the Hague Agreement Made by the United States of America
This page consolidates and annotates all enforceable requirements under MPEP § 2903, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Declarations under the Hague Agreement Made by the United States of America
This section addresses Declarations under the Hague Agreement Made by the United States of America. Primary authority: 35 U.S.C. 171, 35 U.S.C. 261, and 37 CFR 1.1021(d). Contains: 2 requirements, 1 permission, and 3 other statements.
Key Rules
International Design Applications
Pursuant to Article 7(2) and Rule 12(3), the United States declared that the prescribed designation fee referred to in Article 7(1) shall be replaced by an individual designation fee that is payable in a first part at filing and second part payable upon allowance of the application. See MPEP §§ 2910 and 2920.06. The amounts of the first and second part individual designation fees are subject to future changes. See Article 7(2).
Pursuant to Article 7(2) and Rule 12(3), the United States declared that the prescribed designation fee referred to in Article 7(1) shall be replaced by an individual designation fee that is payable in a first part at filing and second part payable upon allowance of the application. See MPEP §§ 2910 and 2920.06. The amounts of the first and second part individual designation fees are subject to future changes. See Article 7(2).
Hague Agreement Overview
Pursuant to Article 16(2), the United States declared that changes in ownership recorded by the International Bureau pursuant to Article 16(1)(i) must be recorded with the USPTO through submission of documentation supporting that change in ownership to have effect. See 35 U.S.C. 261 and MPEP §§ 301-302.
The Geneva Act of the Hague Agreement, and the declarations made thereto, took effect with respect to the United States on May 13, 2015.
Design Claim Form
Pursuant to Article 5(2)(a) and Rule 11(3), the United States declared that an international design application designating the United States must contain a claim and that the specific wording of the claim shall be in formal terms to the ornamental design for the article as shown, or as shown and described. See 37 CFR 1.1021(d) and MPEP § 2909, subsection IV. Additionally, pursuant to Rule 8(1), the United States declared that an international design application designating the United States must also contain an oath or declaration of the creator and indications concerning the identity of the creator. Id.
International Design Application Requirements
Pursuant to Article 13(1), the United States declared that only one independent and distinct design may be claimed in a single application. See MPEP §§ 2920.05(b) and 1504.05.
Notification of Refusal
Pursuant to Rule 18(1)(b), the United States declared that it is extending the time period within which to provide a refusal (12 months) and when the international registration shall produce effect as a grant of protection. The United States provides industrial design rights through USPTO issuance of a U.S. design patent. See 35 U.S.C. 171-173 and 389 and MPEP §§ 2920.05(a) and 2950.
Hague Definitions
Pursuant to Rule 18(1)(b), the United States declared that it is extending the time period within which to provide a refusal (12 months) and when the international registration shall produce effect as a grant of protection. The United States provides industrial design rights through USPTO issuance of a U.S. design patent. See 35 U.S.C. 171-173 and 389 and MPEP §§ 2920.05(a) and 2950.
Designation of United States
Pursuant to Article 7(2) and Rule 12(3), the United States declared that the prescribed designation fee referred to in Article 7(1) shall be replaced by an individual designation fee that is payable in a first part at filing and second part payable upon allowance of the application. See MPEP §§ 2910 and 2920.06. The amounts of the first and second part individual designation fees are subject to future changes. See Article 7(2).
Mandatory Application Elements
Pursuant to Rule 13(4), the United States declared that the period of one month referred to in Rule 13(3) shall be replaced by a period of six months with respect to the United States in light of the security clearance required under United States law.
Term of Protection (15 Years)
Pursuant to Article 17(3), the United States declared that that the maximum duration of protection for designs is 15 years from grant. 35 U.S.C. 173.
Citations
| Primary topic | Citation |
|---|---|
| Hague Definitions Notification of Refusal | 35 U.S.C. § 171 |
| Term of Protection (15 Years) | 35 U.S.C. § 173 |
| Hague Agreement Overview | 35 U.S.C. § 261 |
| Design Claim Form | 37 CFR § 1.1021(d) |
| Design Claim Form | MPEP § 2909 |
| Designation of United States International Design Applications | MPEP § 2910 |
| Hague Definitions Notification of Refusal | MPEP § 2920.05(a) |
| International Design Application Requirements | MPEP § 2920.05(b) |
| Hague Agreement Overview | MPEP § 301 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2903 — Declarations under the Hague Agreement Made by the United States of America
Source: USPTO2903 Declarations under the Hague Agreement Made by the United States of America [R-07.2015]
The Geneva Act of the Hague Agreement, and the declarations made thereto, took effect with respect to the United States on May 13, 2015.
Pursuant to Article 5(2)(a) and Rule 11(3), the United States declared that an international design application designating the United States must contain a claim and that the specific wording of the claim shall be in formal terms to the ornamental design for the article as shown, or as shown and described. See 37 CFR 1.1021(d) and MPEP § 2909, subsection IV. Additionally, pursuant to Rule 8(1), the United States declared that an international design application designating the United States must also contain an oath or declaration of the creator and indications concerning the identity of the creator. Id.
Pursuant to Article 11(1)(b), the United States declared that where the United States is designated in an international design application, it is not possible for an applicant to request the deferment of publication of the ensuing international registration.
Pursuant to Article 13(1), the United States declared that only one independent and distinct design may be claimed in a single application. See MPEP §§ 2920.05(b) and 1504.05.
Pursuant to Rule 18(1)(b), the United States declared that it is extending the time period within which to provide a refusal (12 months) and when the international registration shall produce effect as a grant of protection. The United States provides industrial design rights through USPTO issuance of a U.S. design patent. See 35 U.S.C. 171-173 and 389 and MPEP §§ 2920.05(a) and 2950.
Pursuant to Article 7(2) and Rule 12(3), the United States declared that the prescribed designation fee referred to in Article 7(1) shall be replaced by an individual designation fee that is payable in a first part at filing and second part payable upon allowance of the application. See MPEP §§ 2910 and 2920.06. The amounts of the first and second part individual designation fees are subject to future changes. See Article 7(2).
Pursuant to Rule 13(4), the United States declared that the period of one month referred to in Rule 13(3) shall be replaced by a period of six months with respect to the United States in light of the security clearance required under United States law.
Pursuant to Article 16(2), the United States declared that changes in ownership recorded by the International Bureau pursuant to Article 16(1)(i) must be recorded with the USPTO through submission of documentation supporting that change in ownership to have effect. See 35 U.S.C. 261 and MPEP §§ 301-302.
Pursuant to Article 17(3), the United States declared that that the maximum duration of protection for designs is 15 years from grant. 35 U.S.C. 173.