MPEP § 2904 — Who May File An International Design Application (Annotated Rules)
§2904 Who May File An International Design Application
This page consolidates and annotates all enforceable requirements under MPEP § 2904, 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.
Who May File An International Design Application
This section addresses Who May File An International Design Application. Contains: 2 requirements.
Key Rules
Nationals and Residents
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.
Applicant Eligibility
Pursuant to Article 3 of the Hague Agreement, to be entitled to file an international design application, a person must: (1) be a national of a Contracting Party or of a State that is a member of an intergovernmental organization that is a Contracting Party; or (2) have a domicile, habitual residence, or real and effective industrial or commercial establishment in the territory of a Contracting Party.
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 § 2904 — Who May File An International Design Application
Source: USPTO2904 Who May File An International Design Application [R-07.2015]
Hague Article 3
Entitlement to File an International Application
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.
Pursuant to Article 3 of the Hague Agreement, to be entitled to file an international design application, a person must: (1) be a national of a Contracting Party or of a State that is a member of an intergovernmental organization that is a Contracting Party; or (2) have a domicile, habitual residence, or real and effective industrial or commercial establishment in the territory of a Contracting Party.
Article 1(ix) of the Hague Agreement defines a “person” as a natural person or a legal entity, and Article 1(xiii) defines a “Contracting Party” as a State or intergovernmental organization that is a party to the Hague Agreement.
A list of the Contracting Parties to the Hague Agreement is maintained on the website of the World Intellectual Property Organization (www.wipo.int/ hague/en/members/).