MPEP § 2905 — Where to File An International Design Application (Annotated Rules)
§2905 Where to File An International Design Application
This page consolidates and annotates all enforceable requirements under MPEP § 2905, 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.
Where to File An International Design Application
This section addresses Where to File An International Design Application. Contains: 1 prohibition, 2 permissions, and 3 other statements.
Key Rules
Article 19 Amendment Scope
(1) [Direct or Indirect Filing]
- (a) The international application may be filed, at the option of the applicant, either directly with the International Bureau or through the Office of the applicant's Contracting Party.
- (b) Notwithstanding subparagraph (a), any Contracting Party may, in a declaration, notify the Director General that international applications may not be filed through its Office.
(1) [Direct or Indirect Filing] (a) The international application may be filed, at the option of the applicant, either directly with the International Bureau or through the Office of the applicant's Contracting Party.
Hague Agreement Overview
Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.
Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.
PTAB Contested Case Procedures
(1) [Direct or Indirect Filing]
…
(b) Notwithstanding subparagraph (a), any Contracting Party may, in a declaration, notify the Director General that international applications may not be filed through its Office.
International Stage Fees
(2) [Transmittal Fee in Case of Indirect Filing] The Office of any Contracting Party may require that the applicant pay a transmittal fee to it, for its own benefit, in respect of any international application filed through it.
Hague Definitions
Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.
Patent Cooperation Treaty
Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.
International Design Application Filing
Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.
Applicant Eligibility
If the applicant is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, the international design application may be filed directly with the International Bureau, provided any required foreign filing license has been obtained, or indirectly through the USPTO. See MPEP § 2905.01 regarding filing indirectly through the USPTO. Filing the international design application directly with the International Bureau through the WIPO’s e-filing interface (eHague) offers several benefits to applicants, including allowing for direct entry of application data via the interface, thus eliminating the need to upload a separate application (DM/1) form; validation of the entered data in real time to minimize errors in the application submission; automatic calculation of fees due and determination of appropriate annexes; quicker examination by the International Bureau, which may be important for applicants desiring immediate publication or a certified copy of the international design application for priority purposes quickly; allowing applicants to use eHague to reply to subsequent WIPO communications concerning that application when applicant has used eHague to file the international design application; avoidance of the transmittal fee required by the USPTO for indirectly filed applications; and allowing for reuse of data from previous applications. For further information regarding eHague, see WIPO’s website at https://hague.wipo.int/.
Mandatory Application Elements
If the applicant is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, the international design application may be filed directly with the International Bureau, provided any required foreign filing license has been obtained, or indirectly through the USPTO. See MPEP § 2905.01 regarding filing indirectly through the USPTO. Filing the international design application directly with the International Bureau through the WIPO’s e-filing interface (eHague) offers several benefits to applicants, including allowing for direct entry of application data via the interface, thus eliminating the need to upload a separate application (DM/1) form; validation of the entered data in real time to minimize errors in the application submission; automatic calculation of fees due and determination of appropriate annexes; quicker examination by the International Bureau, which may be important for applicants desiring immediate publication or a certified copy of the international design application for priority purposes quickly; allowing applicants to use eHague to reply to subsequent WIPO communications concerning that application when applicant has used eHague to file the international design application; avoidance of the transmittal fee required by the USPTO for indirectly filed applications; and allowing for reuse of data from previous applications. For further information regarding eHague, see WIPO’s website at https://hague.wipo.int/.
International Design Application Requirements
If the applicant is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, the international design application may be filed directly with the International Bureau, provided any required foreign filing license has been obtained, or indirectly through the USPTO. See MPEP § 2905.01 regarding filing indirectly through the USPTO. Filing the international design application directly with the International Bureau through the WIPO’s e-filing interface (eHague) offers several benefits to applicants, including allowing for direct entry of application data via the interface, thus eliminating the need to upload a separate application (DM/1) form; validation of the entered data in real time to minimize errors in the application submission; automatic calculation of fees due and determination of appropriate annexes; quicker examination by the International Bureau, which may be important for applicants desiring immediate publication or a certified copy of the international design application for priority purposes quickly; allowing applicants to use eHague to reply to subsequent WIPO communications concerning that application when applicant has used eHague to file the international design application; avoidance of the transmittal fee required by the USPTO for indirectly filed applications; and allowing for reuse of data from previous applications. For further information regarding eHague, see WIPO’s website at https://hague.wipo.int/.
Citations
| Primary topic | Citation |
|---|---|
| Applicant Eligibility International Design Application Requirements Mandatory Application Elements | MPEP § 2905.01 |
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 § 2905 — Where to File An International Design Application
Source: USPTO2905 Where to File An International Design Application [R-01.2024]
Hague Article 4
Procedure for Filing the International Application
- (1) [Direct or Indirect Filing]
- (a) The international application may be filed, at the option of the applicant, either directly with the International Bureau or through the Office of the applicant’s Contracting Party.
- (b) Notwithstanding subparagraph (a), any Contracting Party may, in a declaration, notify the Director General that international applications may not be filed through its Office.
- (2) [Transmittal Fee in Case of Indirect Filing] The Office of any Contracting Party may require that the applicant pay a transmittal fee to it, for its own benefit, in respect of any international application filed through it.
Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.
Article 1(xiv) of the Hague Agreement defines the “applicant’s Contracting Party” as the Contracting Party from which the applicant derives its entitlement to file an international design application under Hague Agreement Article 3 or, if there is more than one such Contracting Party, the one Contracting Party among those Contracting Parties that the applicant expressly identifies as the “applicant’s Contracting Party” in the international design application.
If the applicant is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, the international design application may be filed directly with the International Bureau, provided any required foreign filing license has been obtained, or indirectly through the USPTO. See MPEP § 2905.01 regarding filing indirectly through the USPTO. Filing the international design application directly with the International Bureau through the WIPO’s e-filing interface (eHague) offers several benefits to applicants, including allowing for direct entry of application data via the interface, thus eliminating the need to upload a separate application (DM/1) form; validation of the entered data in real time to minimize errors in the application submission; automatic calculation of fees due and determination of appropriate annexes; quicker examination by the International Bureau, which may be important for applicants desiring immediate publication or a certified copy of the international design application for priority purposes quickly; allowing applicants to use eHague to reply to subsequent WIPO communications concerning that application when applicant has used eHague to file the international design application; avoidance of the transmittal fee required by the USPTO for indirectly filed applications; and allowing for reuse of data from previous applications. For further information regarding eHague, see WIPO’s website at https://hague.wipo.int/.